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"A Theory of Differential Punishment"


Road Closure on I86 from mileposts 0-36

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- 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: 2/6/2017 @ 3:55 p.m. Please direct questions to the District Office *****UPDATE***** The eastbound and westbound lanes of I86, from mileposts 0-36, have been officially closed by the Idaho Department of Transportation. Only local traffic is being allowed through at this time. *****END OF UPDATE***** KB / JW Interstate 86 at milepost 14 has an estimated one and a half feet of standing water for a stretch of approximately 200 feet. This is east of the I84 / I86 interchange, near Raft River. The water is covering both the eastbound and westbound lanes. Crews are on scene to evaluate the situation at this time. Motorists are being advised that travel can be hazardous,…

What's Holding Up the Sessions Confirmation Vote?

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Wondering why the Senate leadership has not held the confirmation vote for Jeff Sessions as Attorney General yet?  Ted Barrett and Tom LoBianco at CNN suggest an answer.The nomination of Betsy DeVos for Secretary of Education has been scheduled for tomorrow.  Two Republican Senators have bailed.  If the vote is 50-50, Vice President Pence will cast the tie-breaking vote, the first such Veep vote on a cabinet nominee in history.If that vote came in the gap between Senator Sessions resigning from the Senate to take the helm at DoJ and Gov. Bentley's naming of a successor, Ms. DeVos's nomination would go down 50-49.

State's sex offender registry is big-time draw

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I am sure the author of this article went by what he was told as to statistics and vigilantism, but reality is far different. The states total population is 5,686,986, is 19 million page views a reality? As best we can figure is, somebody is alarming residents telling them to unnecessarily check the registry! We have documented, as of today, 22 major cases of harassment and vigilantism; 6

How to Find a Weed Doctor in Florida? Here's a Map

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Florida Weed Docs MapFor those looking for a weed doctor in Florida - we present this map.How to Find a Weed Doctor to get MMJ in the State of FloridaThe medical marijuana / weed doctor map will be kept as current as possible.#weed #mmjSource: https://www.leafly.com/news/health/medical-marijuana-doctors-florida-mappedFighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Former NFL Quarterback Vince Young Given Probation for Drunk Driving

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Vince Young, former NFL quarterback and star on the University of Texas Longhorns football team, has just been sentenced to probation following a drunk driving conviction, according to a report from UPI.  Young is 33-years-old and has only been officially retired for a couple of years, but has not seen playing in quite some time. Prosecutors have said that Young was arrested with a blood alcohol concentration (BAC) of 0.246 grams of ethanol (drinking alcohol) per 100 milliliters of blood.  The legal limit in every state in America is 0.08.  The reason for this is because that was the limit at which research conducted over decades by the National Highway Traffic Safety Administration (NHTSA) shows that a person cannot safely perform the tasks necessary to drive a motor vehicle.However, it should be noted that, while 0.08 is the legal limit for what the law calls a per se violation of the drunk driving laws, a person can be intoxicated with a BAC of…

News Scan

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9th Circuit Panel to Review Travel Ban:  A three judge panel of the Ninth U.S. Court of Appeals will hear oral argument today regarding District Judge James Robert's order to block enforcement of President Trump's temporary ban on immigrants from seven Middle Eastern countries.  Andrew McCarthy of National Review reports that the panel consists of Judges William Canby, a Carter appointee, Michelle Friedland, an Obama appointee, and Richard Clifton, a Bush appointee.  After ordering written briefs be submitted yesterday, the panel will hear oral argument via conference call.  The story notes that "the law is strongly on Trump's side, but that may not make any more difference to the famously left-leaning Ninth Circuit than it did to Judge Robert."  

Alexander on Probabilities and Preemptive Actions

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Larry Alexander (University of San Diego School of Law) has posted The Need to Attend to Probabilities (for Purposes of Self-Defense and Other Preemptive Actions) on SSRN. Here is the abstract: In this short essay I ask what must someone...

Can a delusional belief be a rational basis?: the constitutionality of decision-making in the Trumpian post-truth, alternative fact, fake news age and the dangers of policies based on untruths            

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Sometimes courts must decide cases where a question is raised as to whether the exercise of governmental power violates the rights of a person or a class of persons.  Courts use different tests, different levels of scrutiny, to determine the legality of governmental actions and whether the government is denying due process, equal protection, and other rights.  The most deferential of these tests to the government is called the rational basis test.  Under the rational basis test, the challenged law must bear a rational relationship to a legitimate state purpose. During the oral argument in the case of Washington, et. al. v. Trump, et. al., the judge questioned whether there was a rational basis for the Executive Order (EO) in light of the fact that the seven countries named have not produced a single terror attack since 2001.  The government seems to be arguing that they do not need a rational basis since the Constitution and laws vest in the President…

Fatality Vehicle vs. Train Crash, Stagecoach Dr. and Spokane St, Post Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT One CASE # C17-0324 --------------------- PRESS RELEASE ----------------------------- DATE: February 7th, 2017 TIME: 06:01 am LOCATION: Railroad Tracks near Spokane St and Stagecoach Drive, Post Falls ASSISTING AGENCIES: Post Falls Police VEHICLE #1 ------------- DRIVER Juvenile Male AGE 17 ADDRESS Post Falls, Idaho INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Kootenai Health VEHICLE YEAR 1998 VEHICLE MAKE Chevy VEHICLE MODEL Malibu WRECKER Auto Trackers …

Shoplifting in New Jersey N.J.S.A. 2c:20-11

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Although shoplifting is widely thought of as a petty offense and is generally associated with troublesome adolescents or teenagers, it can be a serious crime under Title 2c of the New Jersey Criminal Code, that can carry significant consequences. In the state of New Jersey, shoplifting under N.J.S.A. 2c:20-11, is a somewhat broadly defined offense that, if committed, can result in punishments as minimal as community service and as severe as multiple years in prison, not to mention possible civil action. Shoplifting is categorized in six types of offenses, all of which can constitute charges ranging anywhere from a second-degree crime to a disorderly persons offense. There are certain requirements of proof the state has to deliver, and multiple defenses, some of which bode more effectively than others in shoplifting cases. The term “shoplifting” is defined in full in N.J.S.A. 2C:20-11 as one of six acts. To be issued a charge of shoplifting, one of the six following…

THE Two Big Questions

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Two thousand years ago, there was a great Rabbi named Akiva.  Akiva was heading home late one night, when the darkness and fog caused him to make a wrong turn.  Rabbi Akiva ends up at this massive Roman outpost.  As Akiva approaches, he hears a wrestling on top of the wall, and a soldier yells down “who are you, and what are you doing here? Akiva responds, “Excuse Me?” The guard yells, again, “Who are you?  What are you doing here?” Continue Reading The post THE Two Big Questions appeared first on Orlando Criminal Defense Attorney Blog.

Bloomberg: Trump Quips He’d ‘Destroy’ Texas Lawmaker Who Irked Sheriff [over forfeiture reform]

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Bloomberg: Trump Quips He’d ‘Destroy’ Texas Lawmaker Who Irked Sheriff by Toluse Olorunnipa & Margaret Talev: President Trump jokes about destroying a politician’s career President Donald Trump offered to inflict political damage on lawmakers who try to limit civil asset … Continue reading →

"Louisiana governor sued over public defender system"

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From Jurist: Louisiana Governor John Bel Edwards [official website] was sued [complaint, PDF] on Monday over the public defender system over allegations it denies effective representation to the poor [press release]. Edwards was sued by the Southern Poverty Law Center...

Indonesia reaffirms use of death penalty despite criticism

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Source: Jakarta Post (1 February 2017)http://www.thejakartapost.com/news/2017/02/01/indonesia-reaffirms-use-of-death-penalty-despite-criticism.htmlAttorney General M. Prasetyo said on Wednesday that Indonesia would continue to impose the death penalty on those guilty of extraordinary crimes, including drug trafficking. “We never claimed to have stopped executions,” Prasetyo told lawmakers from the House of Representatives’ legal affairs and human rights commission during a hearing on Wednesday.Prasetyo explained that executions had been put on hold while Indonesia lobbied for international support to become a non-permanent member of the United Nations Security Council. “We are still implementing the death penalty, but are focusing on the greater interest for the time being. The government is trying to become a non-permanent member of the UN Security Council,” he emphasized. (dan)Click headlines to visit the site.

THE BEST LIFE EXPERIENCE FOR OUR FEDERAL JUDGES SHOULD BE TIME SPENT HUNGRY WHILE SITTING IN JAIL

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Federal judges tend to be old, male and even whiter than I am. They often come from privileged backgrounds, better schools and colleges which in practice provides limited actual insight into the lives, problems, decisions, hopes and failures of those who come before them. Culturally, politically and aesthetically they are not of us nor with us, but always apart from us. Sentencing a Federal Judge to JailIdeally we'd live in a society where our judges pride themselves on life experience that makes their ability to judge better. A good judge in my book has spent time hungry and fed the poor; lived in a jail and spent time there helping those charged with crimes. A judge would have an understanding that a full, giving, caring life is about making the world a better place. Yet we often expect too much from our federal judges. We expect them to be fair. We expect them to know the law. We expect them to follow the law. Occasionally I even foolishly…

Do I have to believe that you are innocent? What is the role of the criminal defence lawyer?

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I have been a criminal defence lawyer for over 30 years. The reality is that most of my clients were/are probably guilty. This fact has never prevented me from representing my clients, and providing them with the best possible defence. Even if the client is guilty (it is impossible for me to know this, as I was not there at the relevant time), he (or she) is entitled to the best possible defence. All accused persons are presumed innocent and remain so unless and until they are proven guilty. It is the requirement of the prosecution to prove guilt beyond a reasonable doubt. To be most effective, it is important that I not judge my clients. In this way, I can objectively scrutinize the evidence for and against them. My job as a criminal defence lawyer is to argue that the crown has not proven their case beyond a reasonable doubt, regardless of whether the client is actually innocent or guilty. The essence of my job is to represent my client to the best of my ability and skill. To…

"Idaho Judge Makes Celibacy Until Marriage a Condition of a Rapist’s Probation"

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From The New York Times: The unusual proclamation by Judge Randy Stoker of the Fifth District of Idaho that abstinence would be a condition of probation appears to be based at least partly on an archaic, rarely enforced state law...

Philadelphia Plans to Eliminate Traffic Fatalities by 2030

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Philadelphia Mayor Jim Kenney promised a plan to eliminate traffic fatalities as a part of his 2015 campaign platform. This promise came to fruition in November, when an executive order created the city’s Vision Zero Task Force.This task force will use a multi-pronged approach to reduce and hopefully eventually end Philadelphia car accident, bike accident, and pedestrian deaths by 2030. While policy will play a key role in this plan, the task force will also focus on improving education, advocacy, and enforcement.What do we know about this plan so far?The Vision Zero Task Force will look at ways to utilize education, enforcement, and engineering to make Philadelphia’s streets safer and reduce traffic deaths. This may include:Infrastructure changes to reduce speedAutomated enforcement“Share the road” education for drivers, pedestrians, and cyclistsPolicy changesBesides creating the Vision Zero Task Force, the same executive order also created an agency to…

"Google must turn over foreign-stored emails pursuant to a warrant, court rules"

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Orin Kerr has this post at The Volokh Conspiracy. In part: Although I think the Second Circuit’s opinion is deeply flawed — the more I think of it, the more I think my argument in this post has to be...
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