Kami Chavis (Wake Forest University Law School) has posted Increasing Police Accountability: Restoring Trust and Legitimacy through the Appointment of Independent Prosecutors (Washington University Journal of Law and Policy, Vol. 49, 2015) on SSRN. Here is the abstract: Immediately following...
Chavis on Independent Prosecutors for Police
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Is Georgia really "rushing" to execute a defendant convicted of murder in 1990?
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Wrongful Appropriation – Borrowing without Permission
If someone is found to be borrowing property that doesn’t belong to them and does it without the owner’s permission it is known as wrongful appropriation. Wrongful appropriation Utah code 76-6-404.5 defines wrongful appropriation as when a person “obtains or exercises unauthorized control over the property of another, without the consent of the owner or […] The post Wrongful Appropriation – Borrowing without Permission appeared first on Salt Lake Criminal Defense Attorney.
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Speaking of Fake News....
...here's a juicy item from today's Sentencing Law and Policy:The title of this post is the title of this intriguing little paper authored by Emily Fetsch for the Ewing Marion Kauffman Foundation and now available via SSRN. Here is the abstract:One in three Americans has a criminal record. Given the significant size of this population, the ability for these individuals to attain economic success after they leave prison has tremendous implications for our economy and economic mobility... There is a paragraph and a half following that squib in the SL&P entry, but I stopped right there, because there is a limit on how many brain cells I'm willing to kill by reading pure tripe. There are about 325,000,000 Americans. If one in three has a criminal record, that means a bit more than 108,000,000 Americans have such a record.First, I seriously doubt that is true by any conceivable reckoning of the meaning of "criminal…
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Injury Crash on the I84/I184 Flyover
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 12/05/2016 6:33 P.M. Please direct questions to the District Office On December 5, 2016, at approximately 1:48 pm, Idaho State Police investigated a two vehicle injury crash on the I84/I184 flyover. An ITD Incident Response Unit was traveling eastbound on the flyover while responding to a traffic hazard. Vanessa Oliver, 35, of Emmett and her passenger, Margaret Peck, 75, of Emmett, were also traveling eastbound on the flyover in a 2016 Nissan Rogue. The Incident Response Unit slowed and changed lanes to remove the traffic hazard, when the Nissan struck the rear of the Incident Response vehicle. Both the driver and passenger of the Nissan were transported by ground…
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THIS WAS ALL PREDICTED
Richard Rorty, a philosopher and author, died in 2007. In 1998 Rorty wrote a book entitled "Achieving Our Country."At the turn of the century, Rorty was concerned about the marginalization of the American working class, a condition he predicted would not last. Here is an excerpt from his book, which is remarkable in its vision of what the future would bring. "Something will crack...The non-suburban electorate will decide that the system has failed and start looking for a strongman to vote for- someone willing to assure them that, once he is elected, the smug bureaucrats, tricky lawyers, over paid bond salesmen, and postmodernist professors will no longer be calling the shots."Here is where Rorty really nails it:"One thing that is very likely to happen is that the gains made in the past forty years by black and brown Americans, and by homosexuals will be wiped out. Jocular contempt for women will come back into fashion...All the resentment…
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Los Angeles Times: California lawmakers want to reform a bail system they say ‘punishes the poor for being poor’
Los Angeles Times: California lawmakers want to reform a bail system they say ‘punishes the poor for being poor’ by Jazmine Ulloa: Assemblyman Rob Bonta and Sen. Bob Hertzberg said they plan to fire the first salvo Monday, when lawmakers … Continue reading →
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News Scan
Governor-Elect's Wife Robbed at Gunpoint: The wife of Missouri Governor-elect Eric Greitens was robbed Monday. Fox News reports that Greitens' wife Sheena left a St. Louis restaurant early Monday evening and had just gotten into her car when a suspect opened the door and threatened her with a gun. After she turned over her laptop and phone, the suspect fled. Police were able to track a cellphone stolen from a nearby car to the suspect vehicle. The vehicle crashed after a brief chase and three teenagers were arrested and the stolen phones and laptop were recovered. Greitens, a Republican and former Navy Seal, said that a focus of his administration will be "safe neighborhoods." Afghan Arrested For Rape/Murder of German Student: A 17-year-old Afghan immigrant has been arrested for the rape and drowning murder of a German medical student. Victoria Friedman of Breitbart reports that the suspect,…
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Scott-Hayward & Williamson on Post-Custody Supervision in Ireland
Christine S. Scott-Hayward and David Williamson (California State University, Long Beach - School of Criminology, Criminal Justice, and Emergency Management and Trinity College (Dublin)) have posted Post-Custody Supervision in Ireland: From Tickets-of-Leave to Parole? (Irish Probation Journal 13: 102-118 (October...
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Poland's Supreme Court Rejects Roman Polanski Extradition Request
Poland's Supreme Court has definitively rejected the U.S. request for extradition of Director Roman Polanski, now 83, for a crime that occurred in 1977. Poland joins France and Switzerland as countries where Polanski can live and work, free... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Conspiracy under the New Jersey Criminal Code
Under the New Jersey Criminal Code, N.J.S.A 2c:5-2 a person is guilty of conspiracy if he/she agrees with another person/persons to engage in conduct or aide another person in conduct that constitutes the commission of a crime. A conspiracy that contains multiple objectives will still only result in one conspiracy charge so long as the multiple crimes are the result of one agreement. Conspiracy requires an “overt act” in furtherance of the stated objective. The New Jersey Supreme Court has held that the State is not required to present “direct evidence” that an overt act took place. In a mob trial involving membership in the Colombo family of La Cosa Nostra the court held that so long as other evidence was presented during trial to permit the jury to infer that an overt act did not take place direct evidence is not required. State v. Cagno, 211 N.J. 488 (N.J. 2012) There is no need for the actual crime to be committed or for the object of the conspiracy…
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At an Impasse Again
Twenty-five years ago the North Carolina Supreme Court departed from national standards on attorney-client decision-making and gave clients greater control over the direction of their case, including trial strategy and tactics. Since then, the North Carolina courts have sorted through various matters on which attorneys and clients have disagreed. A recent decision, State v. Ward (Nov. 1, 2016), applies and perhaps expands one of the exceptions to client control over the case. Background. The American Bar Association (ABA) standards state that “[c]ertain decisions relating to the conduct of the case are ultimately for the accused and others are ultimately for defense counsel.” ABA Standards for Criminal Justice: Prosecution and Defense Function, Standard 4-5.2(a) (3d ed. 1993). With the advice of counsel, the accused decides certain major matters, such as whether to accept a plea bargain, whether to waive a jury trial, and whether to testify. Strategic or tactical…
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The U.S. Department of Justice is Ramping Up its Enforcement of the Servicemembers Civil Relief Act
Think you are in compliance with the Servicemembers Civil Relief Act? Now would be a good time to make sure since the federal government is increasing its enforcement efforts as part of its Servicemembers and Veterans Initiative. The Servicemembers Civil Relief Act (SCRA) is a federal law that provides a wide range of protections to eligible servicemembers. The law’s purpose is to postpone or suspend certain civil obligations so that members of the Armed Forces can focus their full attention on their military responsibilities without adverse consequences for them or their families. The first iterations of this federal law date back to the Civil War. Contrary to beliefs held by many, the SCRA applies to all companies, not just banks. The current law is very broad in scope, providing benefits and protections related to rental agreements, security deposits, prepaid rent, evictions, installment contracts, interest rates on all debt: including home…
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9th Circuit: Arrestee’s acknowledgment of gang membership, elicited in un-Mirandized questioning at jail, was properly suppressed
United States v. Williams, — F.3d —, 2016 WL 7046754 (9th Cir. Dec. 5, 2016): Eliciting of arrestee’s gang affiliation in uncounseled interrogation at county jail violated Miranda v. Arizona (2:30 a.m., county jail, outside of holding cell) Deputy sheriff: So sorry to disturb you at this late hour, Mr. Gilton, but we at the county jail are committed to ensuring that your stay here is a pleasant one, free of midnight shankings and so forth. Are you by any chance a member of the Fillmore/Central Divisadero Playas gang? Mr. Gilton: “Yeah, I hang out there, put me where I’m from.” Perhaps Mr. Gilton only intended by his answer to ensure that his stay at the county jail was indeed a pleasant one. But as it turned out, his admission to gang membership was used to support a RICO charge, in which his gang was identified as the “enterprise.” The district court agreed with Mr. Gilton’s argument that the elicitation of this…
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//blawgsearch75.rssing.com/chan-6519914/article21535-live.html
1. US v. Williams, No. 15-10475 (12-5-16)(Hurwitz w/Rawlinson; dissent by Kleinfeld). The 9th affirmed suppression of a statement given after Miranda rights were invoked. The defendant was arrested for murder and invoked. Hours later, during booking, he was asked if he was a "member of a gang." The prosecution wants to use this statement to show that the defendant belonged to a criminal enterprise for the RICO offense. The 9th found that the "booking exception" (for biographical questions) is subject to the qualification that if the officer knows that the routine questions may incriminate the defendant, than the queries amount to interrogation. So it is here. The questions exposed the defendant to greater risk due to federal prosecution and to state murder charges. The knowledge for the booking exception is objective; here, the officer should have known. The public safety exception also does not…
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Fatality Crash I84 Milepost 202 - West of Burley
IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 12/06/2016 3:10 pm Please direct questions to the District Office On Monday, December 5, 2016, at 7:46 am, Idaho State Police investigated a fatality crash, westbound on I84 at milepost 202, west of Burley. Brandy Romero, 37, of Twin Falls, ID, was westbound on I84 when she lost control of her 1994 Ford Explorer on icy roads. The vehicle left the roadway on the left shoulder and rolled. Romero was ejected. Romero was transported via an air ambulance to Minidoka Memorial Hospital in Rupert, and then by a ground ambulance to Cassia Regional Hospital in Burley, where she later succumbed to her injuries. Romero was not wearing her seat belt. Next of kin have been notified. DK/KJ -------------
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Chavis on Stop and Frisk
Kami Chavis (Wake Forest University Law School) has posted The Legacy of Stop and Frisk: Addressing the Vestiges of a Violent Police Culture (Wake Forest Law Review, Vol. 49, 2014) on SSRN. Here is the abstract: In the introduction to...
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Underfunded police pensions plague big Texas cities
Texas police and fire pensions in the big cities are a mess the Legislature is ill-prepared to deal with in the coming 85th session. The cost of a possible bailout is too large to consider, but other alternatives require ignoring fundamental economic realities that could bankrupt the state's largest cities. Reported the Texas Tribune:Austin, Dallas, Houston and San Antonio collectively face $22.6 billion worth of pension fund shortfalls, according to a new report from Moody’s, the credit rating and financial analysis firm. Moody’s analyzed the nation’s most debt-burdened local governments and ranked them based on how big the looming pension shortfalls are compared with the annual revenues on which each entity operates.“Rapid growth in unfunded pension liabilities over the past 10 years has transformed local governments’ balance sheet burdens to historically high levels,” the report says. ... Houston, which came in fourth, faces a…
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Roots of the Populist Wave
Bret Stephens writes the Global View column at the WSJ. He was that paper's most persistent and outspoken critic of Donald Trump throughout the campaign. He has these thoughts on the global populist wave (italics added):Government statistics can show a drop in the unemployment rate, but they give scant indication of whether the jobs available now have the status or pay of the jobs available previously. Giving unlimited credit to a panicked patient will always have a narcotic effect; it can also have an addictive one. Near-zero (or sub-zero) interest rates will goose stock markets to the delight of sophisticated investors--and the dismay of savers. Bank bailouts may make "systemic" sense. But they divorce behavior from consequence. Pushing economic management from elected officials into the hands of unelected central bankers and regulators flatters the vanity of the intelligentsia while offending the normal person's sense that his vote should…
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"Bill Would Create Law Clerkships on Capitol Hill"
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