are here. The usual disclaimers apply. Rank Downloads Paper Title 1 3,547 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...
Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
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Winning at trial with the smoking video
DISCLAIMER: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE, AND DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAW FIRM. Va. R. Prof. Cond. 7.1(b).For defending criminal and DWI prosecutions, the defense early on needs to move to preserve and obtain video, audio and photographic evidence of and related to the incident. At first blush, the criminal defense lawyer might ask whether it is better to try to make such evidence go out of sight and out of mind. In some rare instances that will be true. However, even if such evidence might be damning, the police officer’s recitation of events might be even more damning, whether through intentional or unintentional omission, memory lapse, intellectual weakness, perception handicap, distraction, tendency to accentuate the bad and minimize the good, exaggeration, recklessness with the truth, or outright prevarication. Recently, I won a Virginia, General District Court…
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Lawmaker seeks more limits on where sex offenders live
Never have I seen a lawmaker show a need for such legislation other than "Its a good idea" which proves nothing. This is an idea looking for a problem.. 12-10-16 Texas: AUSTIN — Small cities have trouble keeping registered sex offenders from living near schools and other places where children gather, but one lawmaker says the state may finally be ready to give them that authority. Unlike
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I Didn’t Threaten to Hurt Him: When Your Words Don’t Violate PL 240.30(1)(b)
A few years ago the New York State Legislature tightened up the Second Degree Aggravated Harassment crime found in the New York Penal Law. Whether by Desk Appearance Ticket in Manhattan or by Domestic Violence Arrest in Brooklyn, the law was no longer vague. More specifically, addressing solely subsection (1)(b) or New York Penal Law 240.30, it is a class “A” misdemeanor if you have an intent to harass another person and you cause a communication to be initiated by telephone, email, or any electronic means. This communication must be a threat to cause physical injury or unlawful harm to the person or property of that person or a member of his or her family or household. Moreover, when making your communication you should reasonably know that it will cause a reasonable fear of such an injury or harm. Well, if that isn’t wordy enough, let’s try to get right to the point of this blog. Simply, what type of speech or statements violate PL 240.30(1)(b) and…
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The Value of Value in a Value Based New York Grand Larceny Arrest
“Value.” Say it with me. “Value.” Heck, scream it from the trees or the jury box. “Value!” Sing it from the judge’s chair or the prosecutor’s office. Whether in the Grand Jury or Trial Jury, value is often the most critical if not central element of any Grand Larceny arrest in New York. Sure, there has to be an unlawful taking or stealing (don’t forget to challenge that along with your arrest), but stepping away from the foundation of any larceny or theft arrest, barring the property stolen satisfying a specifically identified object or type of thing, a credit card for example, value is king (or queen). Don’t take my word for it. I’ve only practiced criminal law as a New York criminal defense attorney and both a former Manhattan Assistant District Attorney and Westchester County Town Prosecutor for more than sixteen years. Heck, what do I know… Without boring anyone with the repetitive examination and…
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SNAPCHAT AS EVIDENCE: THE SMOKING GUN OFTEN OVERLOOKED
Greetings to all my cold Minnesota friends (cold hands but warm hearts). I’m writing this post from my winter home in Scottsdale, AZ where it’s currently a balmy 66 degrees. (sorry I couldn’t resist). Since writing my last update two months ago, I had tentatively decided to stop blogging and focus my attention on other endeavors. But something changed my mind. The blog website recently crossed a historic threshold, 100,000 visits! When I started this online training service 3 years ago I never imagined it would ever reach the 100,000th mark. Use of the Resource Library hyperlinks have actually increased over the past year and new followers continue to subscribe to the blog site weekly. In addition to the search feature for all past training updates, the most popular website feature is the Judicial Resource Library with its numerous hyperlinks to various research and reference sites. I decided that as long as there is continued use and interest…
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Toughen Up, Teacup, If You Want To Write
Somebody wrote something and somebody thought it was crap. This isn’t breaking news. When the blawgosphere was in its early days, and cheerleaders were extolling its virtues as the new normal where everybody could show the world their brilliance, I had a cute sound bite: Anybody can blawg. Everybody cannot. Put something up on the screen and see what happens. Some people are going to find out that nobody wants to read it. Maybe because they’re boring. Maybe because they suck at writing. Maybe because they have nothing to say. The possibilities are endless. But some people are going to attract some attention, though not the attention they want. Somebody is going to call your baby ugly. Somebody is going to say you’re wrong, your writing is idiotic, you, dear writer, are a moron. Yesterday, I was informed that a lot of people think I’m a “major league twat.” Here’s the sad news. Not everybody is going to love you. Not everybody will think…
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SNL: Walter White Will Head the DEA
The cold open for Saturday Night Live mocked Trump's cabinet picks. Skip past the beginning with Trump's campaign manager and go right to Bryan Cranston (1 min. 30 sec) playing Walter White, Donald Trump's pick to lead the DEA. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Case study: Why to question (another) enhancement for assaulting police officers
Governor Greg Abbott has responded to recent ambush killings of police with a suggestion to make murder of a police officer a "hate crime" and to "increase criminal penalties for any crime in which the victim is a law enforcement officer."Though Grits has long opposed most enhancements, considering the one-way ratchet applied to criminal penalties to have surpassed any real need for additional punitiveness in Texas by around the turn of the century, in the scheme of things, I don't mind the symbolic gesture of creating another "hate crime." It's already a capital offense to murder a police officer, so the difference is purely semantic.However, the penalty for assaulting a peace officer is already significantly enhanced, with murders of police securing a death sentence or life without parole and lesser assaults bumped upward by one offense category. So we should already be witnessing any possible benefit from enhanced criminal penalties on…
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You be the federal sentencing judge: how long a prison term for convicted Philly US Representative?
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Are Rhode Island and other New England states now sure to follow Massachusetts on the path the marijuana legalization?
The question in the title of this post is prompted by this local article headlined "R.I., Mass. marijuana markets intertwined: It's one reason legalization in Rhode Island is seen as inevitable." Here are excerpts: If you want a sense of the connections between the Massachusetts and Rhode Island marijuana markets...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Q-eGJJokOPQ" height="1" width="1" alt=""/>
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CA5: “The mere failure of the officers to give an encyclopedic catalogue of everything they might be interested in does not alone render the consent to search involuntary.”
Defendant’s consent was voluntary even though she did not know she could refuse or what the officers were looking for. United States v. Avila-Hernandez, 2016 U.S. App. LEXIS 21721 (5th Cir. Dec. 6, 2016): Avila does not argue that Laura … Continue reading →
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Another notable NBA star makes the case for marijuana reform for elite professional athletes
This new USA Today piece, headlined "Chauncey Billups says marijuana can help players," reports on a number of notable persons connected to the National Basketball Association making a number of notable comments about marijuana use by NBA players. Here are the details: Chauncey Billups, Tracy McGrady, Jalen Rose and Michelle...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lfCyVShfFWM" height="1" width="1" alt=""/>
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JUDGE BRENNAN RESIGNS!
Judge Vicki Brennan, whose career has spanned being an Assistant State Attorney, Counsel to Governor Jeb Bush, and Circuit Court Judge, has resigned. We have this confirmed from two separate sources. Brennan suffered through a minor scandal this summer involving her actions in a personal matter in the Keys. There are second acts in America, and Judge Brennan will certainly find her footing and re-emerge, as either the superb lawyer she once was, or in some other form of public service. We are all human and we all make mistakes, and none of those things detract from our fundamental worth and value to ourselves, our family, and our community. Sometimes Judges and prosecutors lose sight of this. Only age and experience can allow someone to view an individual's actions through the lens of time. We thank Judge Brennan for her service and we wish her well, fully knowing she has many more years of success before her. It seems a bit silly in light of…
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 148 'Revenge Porn' Reform: A View from the Front Lines Mary Anne Franks University of Miami School of Law Date posted to database: 19 Oct 2016 [2nd last week]...
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Unión Civil - Carlos Bruce, Alberto de Belaunde Proyecto Nº 00718-2016-CR
EXPOSICIÓN DE MOTIVOS Proyecto 00718-2016-CR Asimismo, se entiende también para efectos de este proyecto de ley que, la orientación sexual “se refiere a la capacidad de cada persona de sentir una profunda atracción emocional, afectiva y sexual…. COMENTARIO: La atracción natural de un hombre por una mujer o al contrario, tornan inútil este tipo de explicaciones pero como un par de zamarros que piensan que pueden pasar culebra por golondrina, la extienden también a hombres y mujeres, agregando al texto trascrito (arriba) seguidamente el siguiente: …por un género diferente al suyo, o de su mismo género o de más de un género, así como la capacidad de mantener relaciones íntimas y sexuales con estas personas… Dejan con esta redacción “ad hoc” sin sustento el artículo 1º del Proyecto, sin perjuicio de la…
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Case o' The Week: Miranda Lives Another Day, Booking Exception by the Bay - Williams and Miranda Requirements
Book ‘em, Danno (but Mirandize ‘em, too). United States v. Alfonzo Williams, 2016 WL 7046754 (9thCir. Dec. 5, 2016), decision available here. Players: Decision by Judge Hurwitz, joined by Judge Rawlinson. Dissent by Judge Kleinfeld. Admirable win for NorCal CJA stalwart Mark Goldrosen. Decision affirming suppression order by the Hon. District Judge William Orrick III. Facts: Gilton invoked when arrested for murder. Id. *1. Hours later he was booked into a local jail: without MirandizingGilton, a sheriff’s deputy asked him whether he was associated with a gang. Id. Gilton’s affirmative(ish) answer was entered onto jail housing forms. Id. Years later, AUSAs tried to introduce Gilton’s response in a RICO trial. Id. District Judge Orrick granted a defense motion to suppress the statement, holding that the likely incriminating nature of answer to this question took it out of the booking exception to…
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Embezzlement | Federal Embezzlement Charges and Defense
Embezzlement The distinguishing feature of embezzlement cases is that they involve a betrayal of trust. Put another way, embezzlement is a theft that occurs where someone entrusted with keeping property, usually money, takes it for himself. While private money is oftentimes protected using state theft statutes, which themselves can be very serious, ‘public monies’ are protected under federal law. That term is defined under 18 USC 641 as “anything of value of the United States.” That is not to say that governmental actors who use the force of their position to take private money are not also subject to federal prosecution. Public Monies Under federal law, prosecutors can establish embezzlement of public monies in many ways. One of the most common prosecution theories is a general prohibition of embezzlement under 18 USC 641 which prohibits a person from “knowingly convert[ing] to his use or the use of another… anything of value of the United…
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New Federal and New York State Laws Enacted Against the Online Ticket Brokering Industry
Over the past ten days, both Congress and New York state have outlawed automated ticket purchasing software, known as “bots” designed to stop ticket brokers from buying up all the good seats to concerts, sports games and Broadway shows and preventing the tickets from reaching the ticket-buying public. As ticket brokers are not particularly popular due to the general public’s inability to purchase tickets to events at face value, there was very little opposition to the new laws which heavily increase the penalties for those who use computer software to bypass security controls on a retail ticket selling platform in order to get around ticket purchasing limits or other stated ordering rules. In New York state, additionally, the new law criminalizes the use of ticket-purchase software to purchase seats. As these new laws are potentially devastating both financially and criminally (in the case of the New York bot law), ticket brokers who receive…
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W.D.Okla.: A school district’s alleged indifference to bullying complaints stated a 4A claim
“In light of Plaintiffs’ allegations, the Court finds that Plaintiffs have alleged sufficient facts which allow the Court to draw the reasonable inference that the District maintains a policy of retaliating against parents who advocate for their children, in violation … Continue reading →
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