Lincoln, at his first inaugural, spoke of healing of the nation's wounds.We are not enemies, but friends. We must not be enemies. Though passion may have strained it must not break our bonds of affection. The mystic chords of memory, stretching from every battlefield and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union, when again touched, as surely they will be, by the better angels of our nature.He was hoping to head off civil war. It didn't work. The war came.And it was bloody and it was awful and it ended up, well, kind of back where we started. Slavery abolished, sure. But equality? Real equality? Nah. And certainly not amity.So much for the better angels of our nature.We've come a long way since then, of course, mostly leaving the bloodshed behind. But let's not kid ourselves. Remember Oklahoma City?And, of course.Because whatever…
Better Angels My Ass
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Fort Lauderdale Burglary Suspect Catches One Break After Another
Last year, a Pompano Beach man was convicted of a slew of burglary and robbery charges. He faced up to 60 years in prison. The judge deferred his sentence in lieu of probation. But then, he was stopped for driving without a license. He was hauled back into court and sentenced to the full 60 years in prison. Following widespread backlash, the Broward Circuit judge had a change of heart. Community leaders at a hearing promised to work with the 24-year-old defendant, Herbert Smith. They were going to help him find a job and keep him out of trouble. The judge agreed once again to suspend the 60-year prison term. The caveat was that any violation of that probation – no matter how minor – could result in that 60-year sentence being reinstated. Then just before Thanksgiving of this year, Smith was arrested, accused of a burglary that took place in September. He was identified as one of two men who broke into a home in Parkland and heisted…
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Another detailed and depressing report on the harms of bad sentencing in the nation's capital
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Philippine President: Trump Supports Policy of Slaughtering Drug Users and Dealers
The Philippines has endorsed the slaughter of more than 5,000 suspected drug users and traffickers by police and vigilantes in the past five months. Philippine President Rodolfo Duterte encourages police and others (vigilantes) to kill... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 3,414 Do White Police Officers Unfairly Target Black Suspects? John R. Lott and Carlisle E. Moody Crime Prevention Research Center and College of William and Mary - Department of...
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Yesterday's criminal law/procedure cert grant
Issue summary is from ScotusBlog, which also links to papers: County of Los Angeles v. Mendez: (1) Whether the U.S. Court of Appeals for the 9th Circuit's “provocation” rule should be barred as it conflicts with Graham v. Connor regarding...
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Federal criminal defense during Jeff Sessions’ time as attorney general
Criminal defendants and everyone else are not in for a pretty time during Donald Trump’s presidency. Trump is no friend of the Bill of Rights and civil liberties and is likely to nominate plenty of candidates for the Supreme Court and lower federal courts who are no champions of civil liberties either. We may see more federal prosecutorial efforts to seek and obtain death sentences in federal court, including bringing federal capital prosecutions in states that have abolished the death penalty. Trump’s presidency is going to push to narrow terrorism suspects’ Constitutional rights. We can expect more obscenity prosecutions, including against mainstream sexual videos watched even by married couples. No matter how much was not right with the Obama administration’s approach to criminal investigation and prosecution, the Trump administration will be much worse, probably in many ways mimicking the civil liberties-curbing efforts of…
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Dallas Federal Criminal Lawyers Says – Hacking Potentially Costly for Retailers This Holiday Shopping Season
Cyber security experts say everyone should be cautious about providing information to online sites As the 2016 holiday shopping season gets underway, cybersecurity firms warn that hackers could cost retailers big and small millions of dollars. According to a Fortune report, hackers have the power to not only steal consumer data, but to take down entire sites—costing major retailers as ... Read More The post Dallas Federal Criminal Lawyers Says – Hacking Potentially Costly for Retailers This Holiday Shopping Season appeared first on .
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Nursing Home Physicians, Be Careful. Illinois Psychiatrist Pays $908,000 to Settle Civil Allegations of False Billing for Evaluation and Management Services. 10 Year OIG Exclusion Part of Settlement.
On November 8, 2016, a Springfield psychiatrist, Duttala Obul Reddy, settled allegations of false billing for services provided to nursing home residents in central Illinois. The false claims lawsuit filed by the government alleged that from January 2008 through February 2013, Dr. Reddy allegedly submitted bills for evaluation and management services provided at long-term care facilities that either had not been provided or had not been provided to the extent claimed. Under the terms of the settlement agreement, Dr. Reddy denies the allegations that he submitted or caused submission of false claims for payment under Medicare and Medicaid for medical services. The terms of the settlement required Dr. Reddy to pay $908,000 and to agreed to his exclusion from participation in Medicare, Medicaid and all other federal health care programs for a period of 10 years. The settlement had the U.S. District Judge Myerscough enter judgment in favor…
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Golden State NBA MJ fan: Steve Kerr as (unlikely?) medical marijuana advocate
When I think of MJ and the NBA, my thoughts generally run to Michael Jordan. But the head coach of the Golden State Warriors is now doing his best to ensure I think of marijuana reform when MJ and the NBA comes up. This local article, headlined "Warriors coach Steve...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/0LYJrUh6VDM" height="1" width="1" alt=""/>
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First Waco biker case headed to trial in January
The absurdist mockery of justice going on surrounding the Twin Peaks biker cases - in which 154 bikers were indicted on first-degree felony charges for conspiracy after nine were killed in a shootout - continues unabated, below the radar screen of anybody but apparently Tommy Witherspoon at the Waco-Tribune Herald. The first defendant has now requested a trial and the case is set for January.The request comes as the McLennan County District Attorney’s Office continues to provide hundreds of thousands, if not millions, of pages of discovery materials to the bikers’ defense attorneys, including copies of police reports, hundreds of hours of audio and video recordings of the incident and subsequent interviews with bikers, 700,000 pages of cellphone records, tens of thousands of photographs and Facebook posts.Discovery had been repeatedly delayed but now:defense attorneys involved in the Twin Peaks cases have been given five rounds of discovery from the…
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Esther Vargas, Perú 21 y la homosexualidad
Nuevamente debo opinar, no voy a aceptar que pretendan vende cebo de culebra en este tema de la "ideología de género", esta vez la señora Esther Vargas columnista de Perú 21 de grupo El Comercio que con enorme tiraje y copamento de la información, escrita, hablada y televisiva, da tribuna a gente que por encargo estaría encantada que el Perú se convierta en un burdel de degenetrados. Reproduzco la nota de la señora Esther Vargas: El día que en Perú era trending topic #ConMisHijosNoTeMetas, la Feria Internacional del Libro de Guadalajara realizaba dos eventos sobre la comunidad de gays, lesbianas, trans y bisexuales (GLTB). En una esquina, cuatro escritores debatían en la mesa “Latinoamérica, ¿sale del clóset?”. En la otra, la psicóloga Rinna Riesenfeldpresentaba su ya famoso libro “Papá, mamá, soy gay”…
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Second Circuit hints that sentence reduction might well be justified whenever guideline range is increased "significantly by a loss enhancement"
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Congress finally gets one bipartisan piece of federal criminal justice reform to Prez Obama's desk ... thanks to Trump's victory?
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Europäische Datenschutz-Grundverordnung (EU DSGVO / EU GDPR): Zusammenfassungen und Auslegungshilfen – eine weitere Übersicht
Die Europäische Datenschutz-Grundverordnung (EU DSGVO / EU GDPR) ist ab 25. Mai 2018 in sämtlichen EU-Mitgliedsstaaten anwendbar – in gewissen Konstellationen auch in Drittstaaten wie bspw. der Schweiz. Seit der amtlichen Veröffentlichung der EU DSGVO am 4. Mai 2016, haben Behörden sowie Private zahlreiche Zusammenfassungen sowie Auslegungshilfen publiziert. Die nachfolgende Übersicht ist eine weitere Auswahl ohne Anspruch auf Vollständigkeit: (i) Baker & McKenzie: (a) EU General Data Protection Regulation in 13 Game Changers & (b) Preparing for new privacy regimes: Privacy professionals' views on the general data protection regulation and privacy shield (ii) Deutsches Bundesministerium des Innern (BMI): (zweiter) Entwurf eines Gesetzes zur Anpassung des Datenschutzrechts an die Verordnung (EU) 2016/679 und zur Umsetzung der Richtlinie (EU) 2016/680 ("Referentenentwurf"; vgl. auch LawBlogSwitzerland.ch vom 11. September…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 313 Righting Security: A Contextual and Critical Analysis and Response to Canada's 2016 National Security Green Paper Craig Forcese and Kent Roach University of Ottawa - Common Law Section...
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Letting judges waive fines up front for indigent defendants makes sense
Grits was happy to see Rep. James White's HB 50, making a simple but needed change in Texas statutes surrounding indigency and payment of fines. Looking at the bill language, The East Texas Republican would allow JPs and municipal court judges to waive fines or substitute community service before defendants default and have warrants issued, instead of afterward. Rep. Terry Canales, a Democrat, filed an identical bill styled HB 351.This guest post from Ted Wood gives a good explication of the current state of the law surrounding these questions and the need for reform.
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Municipal court revenue stayed high though traffic tickets, warrants, plummeted
Grits has remarked in the past that the number of traffic tickets given by Texas law enforcement has precipitously dropped in recent years. Nobody knows for sure the reasons for these reductions in tickets and warrants, though the Austin Statesman has published the most thorough exploration of the topic. But I should have also considered that the number of arrest warrants for Class C misdmeanors has concomitantly declined. A check of Office of Court Administration data this morning confirmed that hunch.In FY 2015, municipal courts issued 1.738 million arrest warrants for Class C misdemeanors, roughly the same as FY 20142 1.731 million and a few more than the 1.667 million in 2013. But check out the totals for the years before that:2012: 1.871 million2011: 2.870 million2010: 2.754 million2009: 2.708 million2008: 2.534 million2007: 2.375 million2006: 2.046 million2005: 2.290 million2004: 2.100 millionSource.However, another bit of datum I noticed was counterintuitive:…
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NBC News: Police Body Cams Spark Concerns About Privacy, Mass Surveillance
NBC News: Police Body Cams Spark Concerns About Privacy, Mass Surveillance by Catherine Chapman: Body-worn cameras are increasingly being adopted by law enforcement across the country, offering a potential antidote to police brutality but also raising fears about mass surveillance … Continue reading →
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NJ Lawyers In Ocean County Dedicated to Addressing Your Legal Needs
Need an Ocean County Lawyer?When your future hangs in the balance, you simply cannot settle for anything less than your best effort.The penalties that you face can branch out to affect every corner of your life. By working with an attorney completely devoted to the success of your case, you can breathe easier knowing that your best interests are the main focus.Our firm can assess the strengths and weaknesses of your case and determine the best course of action to take.Contact Ocean County Lawyer, Ian Goldman in Jackson, NJ who understands the stress you will be going through.Hire Expert NJ Lawyer.Ian Goldman is an experienced criminal attorney at www.IMGLegalGroup.com afree consultation lawyer in NJ. Put your trust in Monmouth County NJ Lawyer Ian Goldman. Ian Goldman has offices in Jackson, NJ and Red Bank NJ. For more information about Mr. Goldman visit IMG Legal Group online at www.IMGLegalGroup.comContact Jackson & Red Bank, NJ Criminal Defense Attorney today.Visit us…
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