El día de ayer 23 de enero de 2017 me parece en El Comercio leí la columna de Federico Salazar no la comenté porqué estoy de acuerdo con su opinión. Hoy en el mismo diario, un profesor de la Universidad del Pacífico nada menos le responde considerando que la opinión del señor Salazar es bien intencionada no por ello desafortunada. Hace algún tiempo escribí en este blog “EL JUEZ CREADOR DEL DERECHO” por tanto, atendiendo al comentario del señor Gurmendi Alonso, debería retractarme del mismo sin alusión a este pre claro profesor de la prestigiosa Universidad del Pacífico. Compartiré el texto íntegro del artículo del señor Gurmendi y luego les daré mi opinión. El Comercio 24-01-2017 Matrimonio con Constitución, por Alonso Gurmendi Dunkelberg “El control difuso se produce cuando un juez…
Alonso Gurmendi Dunkelberg Profesor e Investigador de la Universidad del Pacífico
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Split Colorado Supreme Court concludes federal law precludes state officers from returning marijuana to acquitted defendants
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Minneapolis Adding More Police Foot Patrols In 2017
If you’re out and about in Minneapolis this year, there’s a good chance you’ll see one or more police officers walking around on foot patrols. That’s because Minneapolis police chief Janee Harteau said the city plans to have more cops walking the beat this year to bring a more suburban feel to the city. The announcement of more foot patrols comes on the heels of the announcement that violent crime rates in the city hit a 30-year low in 2016. However, gun violence surged in the city in 2016, so Harteau said police want to make a concentrated effort to be more present in the community and cut down on weapons crimes. She said the city earned a $325,000 grant from the Department of Justice, which will be put towards reducing gang and clique-related violence. “I’m in every neighborhood in Minneapolis and I know that it’s hard out there for too many people,” said Harteau. “The increase in shootings especially in north Minneapolis…
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Is Buying a Gun for Someone Else in Massachusetts Illegal?
The answer to this question is, it depends on the circumstances. A secret purchase made by one person to obtain a firearm for someone who cannot own a weapon is illegal. This is known as a straw purchase. If the person for whom the gun is being purchased is not disclosed to the seller, the seller is not able to run a background check for the intended owner. As background checks are an important component of the purchasing process, the straw purchase is a big no-no. Guns are dangerous weapons, and trying to evade the rules of ownership can put you behind bars. But What About Gifts? Straw purchases are illegal, yes, but that doesn’t mean that it’s always illegal to buy a gun for another person. Let’s say I want to buy a gun for my husband, as a gift. I can do this…but I have to follow guidelines set forth by the law. In Massachusetts, residents are required to report any sale or transfer of a weapon within seven days of the sale or transfer. This applies…
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"New York City reaches settlement in NYPD summonses lawsuit"
From Jurist: New York City on Monday agreed to settle [text, PDF] a 2010 lawsuit [complaint, PDF] filed against the New York Police Department (NYPD) [official website] for issuing summonses without legal justification. The lawsuit regards [NYT report] approximately 900,000...
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Who is liable for bar fight injuries?
There are a number of parties who might be liable for your Bucks County or New Jersey bar fight injuries. These parties may include:Another PatronThe most obvious potentially liable party after a bar fight is the person who instigated the fight. Punches, slaps, kicks, bites, and other attacks all fall under the category of “assault” in Pennsylvania.In many cases, you can file a claim to cover your medical expenses, time away from work, and pain and suffering after an assault. Talking about your situation with one of our personal injury attorneys is the best way to determine the strength of your case and to put a value on your claim. We can also advise if punitive damages may be available to you.It is important to note, however, that filing a claim against another patron is not always the best route to get the compensation you need to cover your losses after a Pennsylvania or New Jersey bar fight. Unless the other patron is wealthy, you may never see a dime despite…
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Trump's Bogus Voting Fraud Claim
The New York Times has the facts on what it calls "Trump Voting Fraud Lie." [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"Orange is the New Black: Inequality in America's Criminal Justice System"
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Witte on Prosecuting Polygamy in Early Modern England
John Witte Jr. (Emory University School of Law) has posted Prosecuting Polygamy in Early Modern England (in John Witte, Jr., Sara McDougall, and Anna di Robilant, eds., Texts and Contents in Legal History: Essays in Honor of Charles Donahue (Berkeley,...
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Lying on Your Tax Return: What Can Really Happen? | Tax Defense
The 2017 tax season officially began this week, which seems like a perfect time for a primer on tax crimes. Lying on your tax return, cooking the books, or failing to file can land you in trouble with the law, but how much trouble? Here’s a look at common tax crimes, how the federal government prosecutes these cases, and what kind of penalties they carry. Types of Tax Crimes The tax code is chock-full of complex regulations and rules that are difficult for a lot of people to understand. Many people make simple mistakes on their taxes, while others willfully violate tax laws in an effort to try and get a bigger return, owe less, or perhaps, dodge them altogether. Tax Perjury/False Statements Intentionally lying on a tax return, even if it’s a white lie, is a federal crime. It’s called tax perjury and it occurs one of two ways: when individuals intentionally file fraudulent documents or assist someone else in doing the same. In other words, if either a tax payer…
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Lying on Your Tax Return: What Can Really Happen? | Tax Defense
The 2017 tax season officially began this week, which seems like a perfect time for a primer on tax crimes. Lying on your tax return, cooking the books, or failing to file can land you in trouble with the law, but how much trouble? Here’s a look at common tax crimes, how the federal government prosecutes these cases, and what kind of penalties they carry. Types of Tax Crimes The tax code is chock-full of complex regulations and rules that are difficult for a lot of people to understand. Many people make simple mistakes on their taxes, while others willfully violate tax laws in an effort to try and get a bigger return, owe less, or perhaps, dodge them altogether. Tax Perjury/False Statements Intentionally lying on a tax return, even if it’s a white lie, is a federal crime. It’s called tax perjury and it occurs one of two ways: when individuals intentionally file fraudulent documents or assist someone else in doing the same. In other words, if either a tax payer…
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"When Campus Rapists Are Repeat Offenders"
From The New York Times: For several years, researchers have been fiercely debating how many campus rapes are committed by serial offenders. A 2002 study based on surveys of 1,882 college men and published in Violence and Victims, an academic...
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Joy & McMunigal on Monitoring Defendants and Their Lawyers
Peter A. Joy and Kevin C. McMunigal (Washington University in Saint Louis - School of Law and Case Western Reserve University School of Law) have posted When Does Monitoring Defendants and Their Lawyers Cross the Line? (Criminal Justice, Winter 2017)...
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Gouldin on Disentanling Flight Risk from Dangerousness
Lauryn P. Gouldin (Syracuse University College of Law) has posted Disentangling Flight Risk from Dangerousness (Brigham Young University Law Review, No. 3, 2016) on SSRN. Here is the abstract: There is a growing national consensus about the urgent need to...
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Ferguson-effect argument demeans police professionalism
At the Washington Post, Radley Balko picked up on themes from this Grits column on "de-policing" and elaborated in a story titled "Why are police groups and their advocates advancing a theory that makes police officers look terrible?" As a journalist, wrote Balko, criticism of his profession "makes me strive to do my job better, not worse. I’d like to think most law enforcement officers feel the same way." Read to the end, he does a good job with the topic.
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In Texas, Police Don’t Have to Record Interrogations. No Video, No Audio, Nada.
There is No Texas Law Requiring Recording of Police Interviews. Will the Timothy Cole Exoneration Review Commission Report Make a Difference? Imagine that you are arrested. You’re cuffed by a police officer; tossed in the back of patrol car. Next thing you know, you are in an interrogation room. Just like on those TV shows where there’s a table and some chairs and not much else. You are interviewed by police officers. They suspect you of doing bad things. They ask lots of questions, in lots of different ways. It’s scary, and it’s real and it may change your life forever. Especially if your attorney isn’t at your side to protect your rights. Why? There is no video or audio recording of your interrogation. You can be interrogated by police in Texas all by your lonesome – and there is no state law that mandates the police interrogation be recorded in any way. None. Many Assume…
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When Is a Crime Considered “Aggravated”?
Under the Texas Penal Code, and at the discretion of the local District Attorney, any crime can be “elevated” to a higher degree of potential punishment by declaring to be “aggravated.” As an example, if two patrons at a night club have a disagreement that escalates into a fight, both patrons could be charged with assault. If, however, one patron grabs a pool cue and strikes the other, the use of a weapon could elevate the crime from “simple assault” to a charge of “aggravated assault.” If you a charged with a crime, “aggravated” places you at risk of having to post a higher bail bond to be released from jail, of having to pay a higher fine, and the prospect of a longer jail or prison sentence. Obviously, you will want to have the “aggravated” enhancement dropped. In this section, we will first look at how a charge might contain an “aggravated” component before learning how a criminal…
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Vehicular Hijacking in Chicago
Just like in many jurisdictions, Illinois takes vehicular hijacking to be a particularly serious crime as listed in the provisions of the legislative instrument number 720 ILCS 5/18-4. Upon conviction, the defendant can expect a term of imprisonment that ranges anywhere from four to 15 years. There are specific aggravating and mitigating features that the defense attorney should pay careful attention to. If the judge believes that the aggravating circumstances outweigh the mitigating features, they can raise the sentencing range to six to 30 years. In exceptional cases, a whole life term may be imposed. Therefore, it is clear that this is the type of offense in which the court has wide discretion. It also means that the defendant will require first-class legal representation in order to bring the categorization down to the lowest end of the seriousness scale. Procedural and Substantive Considerations in the Legal Framework Continue reading
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NFL Players Association working on "less punitive" approach to marijuana
As reported in this new Washington Post piece, the "[l]eaders of the NFL Players Association are preparing a proposal that would amend the sport’s drug policies to take a 'less punitive' approach to dealing with recreational marijuana use by players, according to the union’s executive director, DeMaurice Smith." Here is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/pg9j_7QN5To" height="1" width="1" alt=""/>
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A (sexist?) look into challenges facing "pot moms" ... aka women working in the medical marijuana industry
CBS News has this notable (and sexist?) new segment about some women working in the medical marijuana industry. The piece is given the headlined "'Pot moms' share passions and anxieties about their profession," and here are excerpt from the coverage: Marijuana is now legal in some form in more than...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/BVYbwm9oo1U" height="1" width="1" alt=""/>
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