Immigrants across the country are regularly denied bail or offered bail that’s too expensive. Last Spring, news broke of a State Senator from Queens, New York, lobbying to scrap the obsolete bail bond system of holding people who could not afford bail, many of whom were immigrants, in jail before their trial. State Senator Michael Gianaris, in an interview with Vice News, called the current regime of setting bail in New York “something left over from England in the Middle Ages.” Now, California’s district courts are starting to take apart the same archaic bail-setting schemes that left so many disenfranchised New Yorkers in prison before they were proven guilty of the accused crime. Unlike in criminal court, where those charged often hire bail bondsmen and only have to pay 10 percent of the total bail amount, immigrants detained by Immigration and Customs Enforcements (ICE) often have to pay the full amount of a bond. Most bond…
California District Court Says Immigrants Ability to Pay Should influence Bond Decisions
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Porn block on new PCs to ‘fight trafficking’ – unless you pay $20
12-22-2016 South Carolina: Proposing a bill that requires computers sold in a state to block access to online porn on the grounds that it “would be another way to fight human trafficking” is an interesting approach to crime prevention. That’s what Bill Chumley, Republican state representative, is suggesting in South Carolina. But if you’re an adult who might want to enjoy legal adult
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Some notable comments from Senator (and AG nominee) Sessions about limiting federal crimes and prosecutorial discretion
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Felon in Possession of Firearm | Federal Criminal Defense | 18 USC 922(g)
Felon in Possession of Firearm A felony conviction generally results in the loss of a number of valuable rights: the right to vote, the right to sit on a jury, and the right to bear firearms. Federal felony convictions and most state felony convictions will result in the loss of a person’s Second Amendment rights. Additionally, if a person if found in possession of a firearm after being convicted of a felony, they may be subject to federal prosecution for being a Felon in Possession of a Firearm. Under 18 USC 922(g) it is illegal for a person with a felony conviction to carry or possess a gun of any kind. This offense is sometimes referred to as a Felon in Possession of a Firearm (FPF) charge. They are also called felony gun cases. [As an aside, possession of gun suppressors (“silencers”) and other explosive materials are also proscribed under the same section]. The purpose and aim of this statute is fairly clear. Congress, as well as the United States…
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MT: RS not needed to stop a commercial truck because they are closely regulated
“We conclude that the officer did not need a fact-based particularized suspicion to stop and inspect the truck because it was a commercial vehicle subject to close regulation by law.” The driver was found under the influence. State v. Beaver, … Continue reading →
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TN adopts good faith exception for unsigned affidavit but sworn officer in 2007 DP case
The officer in this case hurriedly prepared an affidavit and warrant to search defendant’s property. When printing it, he didn’t notice that the document was typed for legal size paper but the printer had only letter size in it. He … Continue reading →
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NC: Officer prolonged stop without RS; driver not free to leave when officer holding DL
The officer’s observation of the vehicle in a high-crime area was not reasonable suspicion. There was nothing incongruent about defendant’s travel plans and he kept his hands in plain view above the steering wheel. The officer improperly prolonged the traffic … Continue reading →
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Believe The Victim (Because He’s Dead)
There are two primary differences between rape and murder. The second most significant difference is that murder is worse than rape.* No matter how visceral the description of trauma and pain, the victim of rape is still alive. The first, and most significant difference is that we know with absolute certainty, that a murder wasn’t a wholesale fabrication because of one fact: there is a lifeless body of a human being left behind. These two factors do not always come without a connection. While the fashion trend of expressing horror in the most “horrifying” of language, rife with the deepest emotions of pain and terror, has become a staple of feminism, backlashes happen. It happened to Moises Arias-Aranda. When authorities found the body of Moises Arias-Aranda in a maroon SUV parked along North Hydraulic last Christmas Eve, his hands and legs were bound with electrical cords, he had been stabbed in the back 36 times and had head and facial injuries. A piece…
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Harvard Magazine: The Watchers
Harvard Magazine: The Watchers by Jonathan Shaw “Can the behavior of an entire population, even in a modern democracy, be changed by awareness of surveillance? And what are the effects of other kinds of privacy invasions?” [No, I didn’t go … Continue reading →
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Who at Fort Worth PD wore Stormtrooper look better?
Fort Worth PD was the subject of two viral videos this month: One where an officer arrested a distraught woman and her daughter after she'd called 911, and another produced by the department for recruiting purposes featuring a Darth-Vader-backed Stortrooper training to become a FWPD officer.Who wore the Stormtrooper look better?One notes that, if State Sen. Konni Burton's SB 271 banning arrests for nonjailable offenses had been in effect, these women couldn't have been arrested.
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Seeing, Believing, Technology
Remember that brief, shining moment when video proved something? Good times. Sure, there was “fake news,” whether of the sort that was a matter of wholesale fabrication or the more pernicious sort proffered by seemingly credible sources, twisted with half-truths artfully designed to confirm your bias. But those were, in the scheme of what technology is capable of doing, child’s play. After all, we still maintained the ability to dig a little deeper, research, source and learn that the fake news, whether from non-existent newspapers to very well-known ones, was less than accurate. Note that the word “true” isn’t used, since truth is a product of what you believe under the current regime. No longer is truth grounded in fact, but belief about fact. A fact is only so much of a fact as we choose to believe it to be. But throughout this brief shining period, there was one thing that stood apart, above, the malicious call for truthiness. Video.…
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Nancy Shurtz And The Trauma Of The Extended Victim
It was dumb. It was dumb given the environment. It was dumb no matter what the purported justification. University of Oregon prof Nancy Shurtz should have known better than to go to a halloween party in black face. And no doubt the uproar her decision caused drove that point home. But it didn’t end there. Nor did it end with her dean having a stern talking-to about engaging in dumb conduct. As soon as it became known beyond a small circle of friends, Shurtz’s purpose, her intent, no longer mattered. It was no longer just a particularly dumb decision by a prof, but an act that left the campus analogue for horror in its path. Josh Blackman expands: Nancy Shurtz, a tenured professor at the University of Oregon Law School, wore black face to a halloween party. Her costume, which also included a white lab coat and stethoscope, was meant as some sort of social commentary about the book “Black Man in a White Coat.” Nearly two dozen of Shurtz’s…
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Cover on Hybrid Jury Strikes
Aliza Plener Cover (University of Idaho College of Law) has posted Hybrid Jury Strikes (Harvard Civil Rights-Civil Liberties Law Review (CR-CL), Forthcoming) on SSRN. Here is the abstract: Modern jury selection is pulled in two directions. Equal protection prohibits racial...
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How Uber Accident Claims Work in Pennsylvania?
Uber has always been a popular way to get around town, even before a court lifted the Uber ban in Philadelphia. However, many who use Uber regularly have not stopped to think about how an insurance claim would work after a crash. Luckily, the Pennsylvania Public Utility Commission has implemented rules to ensure you can get the compensation you need after an Uber accident — no matter if you are a passenger, third party, or Uber driver.Sorting out liability after an Uber accident — or even determining how to file an insurance claim — is often a complicated process. If you suffered serious injuries in a Pennsylvania Uber accident, Cordisco & Saile LLC can help protect your rights and ensure you receive fair compensation for your injuries. Call us at 215-642-2335 today to schedule your free, no-obligation case evaluation.How does PA’s no-fault choice insurance play a role?If you have a car in Pennsylvania, you should have a personal injury protection…
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Criminal Justice Reform, Reduction of Prison Population in Doubt
Criminal sentencing is a flawed process. The question is what to do about it. This is a difficult question, especially when there is no consensus across the nation’s sentencing landscape, either at the federal or state level, about the real purpose of sentencing—punishment or rehabilitation. In effect, “lock ‘em up and throw away the key” or train them for successful reentry into the community. A December 9, 2016 New York Times article, written Timothy Williams, discusses the reality that significant reduction of the nation’s prison system will necessarily require releasing violent offenders who have “done their time” and no longer pose a threat to society. Thus, the “riddle of prison sentencing” is revealed. Inequities in Criminal Sentencing Why does a defendant in one state receive a 10-year sentence for stealing a goat while a defendant in another state receives a 5-year sentence for a…
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Seeing the state of criminal justice reform through the lens of state reforms
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WaPo: ‘The Watch’ Blog: Albuquerque concedes forfeiture was illegal, continues with illegal forfeitures
WaPo: ‘The Watch’ Blog: Albuquerque concedes forfeiture was illegal, continues with illegal forfeitures by Radley Balko: Last year, New Mexico passed one of the most restrictive asset forfeiture laws in the country. It requires state and local governments to actually … Continue reading →
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Dallas County embracing risk assessments for bail, beefing up mental-health response teams
Dallas County is implementing a couple of significant criminal justice reforms, as described in this Morning News article. On the mental health front, Dallas Fire and Rescue received a $7 million grant from the Meadows Foundation to "launch Rapid Integrated Group Healthcare Teams, or RIGHT care teams, made up of specially trained police officers, paramedics and a mental health clinician. They will respond to crises and seek to de-escalate situations and determine the most appropriate course of action." Grits believes that armed police officers should serve primarily subordinate backup roles in these situations. The person trying to communicate with a mentally ill person they just met needn't complicate matters by carrying a gun.Perhaps even bigger news: Dallas will begin using risk assessment to decide who gets released from jail: "Once at jail, anyone who is arrested will be screened for mental illness. The jail will send those results to judges…
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Mock Courtroom Prepares Clients and Witnesses for Court
Practice makes perfect: Mock courtroom prepares clients and witnesses for day in court Our attorneys have tried over 550 jury trials in criminal cases ranging from Driving While Intoxicated to Capital Murder. One thing has remained constant: preparation is key. Varghese Summersett is the only criminal defense firm in Fort Worth with a mock courtroom, giving attorneys and clients another tool in their arsenal to prepare for trials and hearings. The state-of-the-art courtroom, located in the interior of the 8,200 square foot office, resembles a traditional courtroom, complete with a jury box, judge’s bench, witness stand, and counsel tables. The space allows clients and witnesses to practice and prepare for courtroom proceedings in a realistic environment. Mock courtroom helps decrease client and witness anxiety Many clients (and defense witnesses) have never stepped foot in a courtroom and are, understandably, anxious about going to court and possibly testifying for the…
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Slobogin on Mental Health Standards
Christopher Slobogin (Vanderbilt University - Law School) has posted The American Bar Association's Criminal Justice Mental Health Standards: Revisions for the Twenty-First Century (Hastings Constitutional Law Quarterly, Vol. 44, 2016) on SSRN. Here is the abstract: This article is an...
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