What does it say about America's that our prison population of 2.3 million people is larger than the population of 15 of the states that make up our union? Who benefits from so many of us being imprisoned and who stands in the way of reform? A new report Following the Money of Mass Incarceration finds some disturbing answers.The report found some basic beneficiaries of prisons who fight reform that include the following:Bail bond companies that collect $1.4 billion in nonrefundable fees from defendants and their families. The industry also actively works to block reforms that threaten its profits, even if reforms could prevent people from being detained in jail because of their poverty. Specialized phone companies that win monopoly contracts and charge families up to $24.95 for a 15-minute phone call.Commissary vendors that sell goods to incarcerated people — who rely largely on money sent by loved ones — is an even…
NEW RESEARCH SHOWS WHO BENEFITS FROM MASS INCARCERATION IN AMERICA & WHY REFORM FAILS
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Leo on Police Interrogation in Alleged Child Abuse Cases
Richard A. Leo (University of San Francisco - School of Law) has posted Police Interrogation, False Confessions, and Alleged Child Abuse Cases (University of Michigan Journal of Law Reform, Forthcoming) on SSRN. Here is the abstract: In this lecture, Professor...
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State Doesn’t Have to Prove Ordinary Negligence in Washington Vehicular Homicide or Vehicular Assault
The prosecution is generally required to prove some level of intent, or mens rea, to succeed in obtaining a guilty verdict in a criminal case. Some offenses, however, are strict liability offenses, meaning the prosecution does not have to prove intent. A Washington appeals court recently considered whether the vehicular homicide and vehicular assault statutes require the prosecution to prove a mens rea of ordinary negligence in the case of driving under the influence. In a recent case, the defendant appealed convictions for vehicular homicide and vehicular assault, arguing the jury instructions were erroneous because they allowed the jury to find her guilty without a finding of ordinary negligence. According to the opinion, the defendant’s truck spun out on an icy bridge, slid off the road, and hit two people who were investigating an accident scene. One man died, and the other was seriously injured. The officers restrained the defendant and…
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Issues Related to Children in Washington Divorces
Matters related to children are often the most contentious aspects of a divorce. Ideally, parents will work together to reach a mutually agreeable arrangement regarding custody, decision-making, and support. When the parties cannot agree, however, the court may have to decide these issues based on factual findings and statutory requirements. A Washington appeals court recently considered several issues related to parenting in a recent case. A temporary order granted equal residential time, appointed a guardian ad litem, and authorized joint decision-making. A subsequent stipulated order stated the parties agreed to update each other on the child’s health and follow the recommendations of his health care providers. Following the trial, however, the trial court entered an order limiting the father’s residential time based on findings of abusive use of conflict, neglect, and not acting in the child’s best interest. The trial court…
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Six journalists questionably charged with felony rioting during inauguration protests
At least six journalists are being prosecued in the District of Columbia Superior Court with felony rioting, apparently while covering violent and/or vandalizing protesters during the January 20, 2017, inauguration of Donald Trump. Even though several of these journalists are from alternative news organizations, these prosecutions are no less concerning about the extent to which these are baseless or trumped-up charges. With this inauguration as with past demonstrations in Washington, D.C., police have been accused of corralling innocent bystanders in with those allegedly committing crimes, providing no exit for innocent bystanders. The nation’s capital must not be entrenched in a culture of indiscriminate corralling of people and even arrest through suspicion of guilt by innocent proximity on the street, nor in a culture of paying short shrift to the First Amendment rights of protesters and of journalists covering them. PEN America’s Suzanne Nossel…
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"Strict Liability's Criminogenic Effect"
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Texas completes its second execution of 2017
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N.D.Cal.: Documents seized beyond SW terms in computer search suppressed
The government seized documents in a computer search that are outside the warrant because it didn’t comply with a Comprehensive Drug Testing computer search protocol, but it declines to remove them from its computer image file because it would taint … Continue reading →
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S.D.W.Va.: Pen register information collected beyond time limit of register not suppressed under 4A because it’s not a search
Pen register information collected outside the time period of the pen register order would not be suppressed under the Fourth Amendment because its collection is not even a “search.” Defendant has no standing in search warrants issued for two cell … Continue reading →
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News Roundup
President Donald Trump recently tweeted that he will name his U.S. Supreme Court nominee on Thursday of next week. With the nomination on the horizon, various news outlets are weighing in on appointments to the federal judiciary: CBS News has a report saying that two judges, Neil Gorsuch and Thomas Hardiman, have emerged as the top contenders for the Supreme Court vacancy; Politico reports that Trump’s sister, Maryanne Trump Barry, is in favor of Hardiman, with whom she currently serves on the Third Circuit; The Volokh Conspiracy has a piece that discusses potential appointments to the circuit courts of appeal. Keep reading for more news. Racial Justice Act. As the News & Observer reports, a superior court judge “ruled this week against four death row inmates trying to use the short-lived Racial Justice act to have their sentences commuted to a lifetime in prison.” Prior to the repeal of the Racial Justice Act in 2013, a…
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Reconciling the First Amendment with the Regulation of Professional-Client Communications
Claudia E. Haupt, Unprofessional Advice, 19 U. Pa. J. Const. L. (forthcoming 2017), available at SSRN. Carl Coleman The application of First Amendment principles to professional speech raises a seemingly irresolvable challenge. On the one hand, a core First Amendment principle is that government should not discriminate against speech based solely on its content. On the other hand, it is well settled that physicians and other professionals can be subject to malpractice liability for giving “unprofessional” advice—despite the fact that doing so depends precisely on the sort of content discrimination that the First Amendment normally does not allow. In light of this discrepancy, some have suggested that professional-client interactions should be treated as an exception to normal First Amendment principles, in order to preserve the law’s ability to protect clients from unprofessional advice. Rejecting that approach, Claudia Haupt’s forthcoming…
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Reporters Reporting Rioters Rioting
Swept into the kettle of felony riot charges during the inauguration of Donald Trump (the one with more people in attendance than all inaugurations ever, if only they can find the really good pictures that truthfully show what Trump believes) were six journalists covering events. The Guardian went nuts. “These charges are clearly inappropriate, and we are concerned that they could send a chilling message to journalists covering future protests,” said Carlos Lauría, the CPJ’s senior Americas program coordinator. “We call on authorities in Washington to drop these charges immediately.” “The way we were treated was an absolute travesty,” said Keller, whose cellphone has been kept by the authorities. Keller’s editor, Annabel Park, said: “It is a maddening and frustrating situation. These are people who were there observing and documenting.” The handling of the arrests was, indeed, a travesty. Some people were…
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Hire Qualified Dui Lawyer Denver
Every individual has inherent rights and for those who have come into conflict with the law, one may not know the rights that they have. Richard B. Huttner is a DUI lawyer in Denver that will work to ensure that your rights are protected. Driving under the Influence is a charge that, depending on your blood alcohol level and/or your refusal to take a chemical test, could ultimately mean your license being revoked. We don’t want to see that happen if it doesn’t have to happen. A DUI lawyer in Denver such as Richard B. Huttner can assist you in exposing the weaknesses that there often are in these government cases. Through consultations with expert personnel, we may be able to uncover grounds for the case to be dismissed or perhaps why/how to obtain a better plea bargain. Your rights are protected with a Denver DUI lawyer like Richard B. Huttner who will work to ensure that whether you are wrongly accused or guilty as charged, that your rights and freedoms are…
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From Sharktank To Drunktank
How cool is it to buy something “as seen on TV”! After all, if it’s on the telly, it must be real. Not necessarily? Fair enough. But if a Shark on TV buys into it, then it really, really must be real. After all, these are rich guys and they know stuff, right? And if all five sharks go for it, then it doesn’t get more real. Except when it’s not. Remember the Breathometer? You have to admit, it’s a very cool idea. Test your sobriety on your iPhone. Tech plus tech means you’ll never get busted for drunk driving. Plus, you won’t kill babies. Always a plus. And it was available at an Amazon near you! After the initial splash on the tube, TechCrunch took up the cause. Breathometer wants to help reduce the number of drunk drivers there are on the road, thanks to a pocket-sized device that connects to your phone through its headphone jack and can guage your blood alcohol level. To do that, it’s $2 million in new funding and…
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Colorado Criminal Code: Offenses Against Property: Trespass, Criminal Tampering, and Criminal Mischief
The Crime of Criminal Mischief in Colorado A person who knowingly damages the real or personal property of another, including property owned by the person jointly with another person or property owned by the person, in which another person has an interest, commits criminal mischief. 18-4-501 (1) Criminal mischief is class 2 misdemeanor when the aggregate damage to real or personal property is less than $500. 18-4-501 (1) Criminal mischief is a class 1 misdemeanor when the aggregate damage to real or personal property is $500 or more but less than $1,000. 18-4-501 (1) Criminal mischief when the aggregate damage to real or personal property is at least $1,000, but less than $20,000, is a class 4 felony. 18-4-501 (1) Criminal mischief when the aggregate damage to real or personal property is at least $20,000 is a class 3 felony. 18-4-501 (1) The Colorado Crimes of Criminal Trespass The Crime of First degree criminal trespass in Colorado A person who knowingly and unlawfully enters…
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Drunk Driving and Auto-Brewery Syndrome Intoxication
Drunk Driving and Auto-Brewery Syndrome is a farfetched idea for many people, including family, doctors and police officers. Imagine a police officer pulling someone over for drunk driving and the offender is legally drunk. The driver swears he never touched a drop of alcohol. Believe it or not, it is possible and has happened. How […] The post Drunk Driving and Auto-Brewery Syndrome Intoxication appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Public Indecency in Chicago
The law of public indecency in Chicago is complex precisely because it touches on the interaction between personal freedom and societal norms. What some consider to be harmless exhibitionism may meet the statutory minimum for the crime of public indecency (see People v Reed). Generally speaking, society has condemned indecent exposure in public as an unacceptable occurrence that must be punished. Sometimes, however, people who are engaged in perfectly harmless activities are suddenly subjected to a complex criminal investigation under these laws. However, it must be noted that the law enforcement agencies in Chicago have used an even-handed approach in these cases. Understanding How the Crime is Committed The intent is important in determining whether the offense is a mere misdemeanor or whether it meets the criteria for a felony. It is not the case that indecent exposure is an infraction, although this is a widely held misconception of the law. You should not expect that you…
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Illegal Search,Evidence Suppressed?
What many people fail to realize is that all citizens of the United States have a Fourth Amendment right against illegal searches created by the U.S. Constitution, and any evidence that comes from an illegal search may be suppressed at trial. Florida’s constitution in Article I, Section 12, creates state law that mimics and reiterates the U.S. constitution. Evidence can only be suppressed if it is obtained from an illegal search of a person or a person’s property. So what is an illegal search? The Fourth Amendment of the U.S. Constitution limits the power of police to make arrests, to search people and their property, and to seize objects and contraband. This amendment forms the cornerstone of search and seizure law. Continue reading
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Third Circuit: District court’s reliance on bare arrests, not resulting in convictions, was plain error at sentencing
United States v. Mateo-Medina, — F.3d —, 2017 WL 76944, 2017 U.S. App. LEXIS 342, No. 15-2862 (3d Cir. Jan. 9, 2017) (plain error for district court to rely upon, at sentencing, arrests that did not result in conviction; racial disparities in arrest rates) Maximo Mateo-Medina appealed his sentence of imprisonment for twelve months and one day for illegal reentry in violation of 8 U.S.C. §§ 1326(a) & (b)(1). The Third Circuit held that the district court erred in considering, at sentencing, arrests that had not resulted in convictions. The error was plain under controlling Third Circuit precedent: United States v. Berry, 553 F.3d 273, 281-84 (3d Cir. 2009). Notably, the opinion relies upon implicit racial bias and racial disparities in arrest rates. Mr. Mateo-Medina pled guilty to the reentry offense. The PSR calculated his criminal history as category II based on a 2000 conviction for driving under the influence and a 2012 conviction for…
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SEC Annual Exam Guidance: Cybersecurity, Robo-Advising, and Retirement
The SEC recently announced its Office of Compliance Inspections and Examinations’ (OCIE) 2017 priorities. Though these listed priorities are not exhaustive and remain flexible in light of market conditions, industry developments, and ongoing risk assessment, it is helpful for companies to keep these items in mind when evaluating securities compliance programs in 2017. The 2017 examination priorities include the following: Retail Investors – Taking issue with industry marketing methods, the OCIE continues its 2016 initiatives to protect retail investors by assessing the risks to investors seeking information, advice, products, and services. OCIE looks to direct its examinations to review firms involved with “robo-advising” (delivering investment advice through electronic mechanisms) and wrap fee programs (when a single bundled fee for advisory and brokerage services is charged to an investor). Senior Investment and Retirement Investments –…
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