Janet Moore and Andrew L. B. Davies (University of Cincinnati College of Law and Government of the State of New York - New York State Office of Indigent Legal Services) have posted Knowing Defense (14 Ohio State Journal of Criminal...
Moore & Davies on Public Defense
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Jacobsen on What Constitutes Search of a Cellphone
Kristen M. Jacobsen (The George Washington University Law School, Students) has posted Let's Get Physical, Physical: Answering What Constitutes a Search of a Cellphone after Riley Through a 'Use-Based' Approach (Criminal Law Bulletin Volume 53, Issue 4, 2017) on SSRN....
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Received ticket in the mail
It is not uncommon for a police officer to mail out a ticket, or for a court to send out notice of a traffic offense or misdemeanor in the mail. The ticket will have on it the name of the offense, the location where the offense needs to be handled, and a date by which the ticket or offense needs to be addressed. There are several reasons why the notice is sent out by mail, rather than given at the time of the alleged offense: Sometimes there is an ongoing investigation that needs to be completed before a decision can be made concerning a charge. Examples of this include: in a DUI case the police are waiting to determine the blood alcohol level from a blood sample; in a possession of a controlled substance case the alleged contraband needs to be tested to confirm the nature of the substance; the officer needs to conduct additional interviews to determine whether or not there is probable cause that an offense occurred; Continue reading
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Should an offender's citizenship status impact prosecutorial charging decisions and how?
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"Purpose-Focused Sentencing: How Reforming Punishment Can Transform Policing"
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Rap on The Juvenile's Voice
Stephanie Rap (Department of Child Law, Leiden Law School) has posted The Voice of the Child in Juvenile Justice Procedures (T. Liefaard & J. Sloth-Nielsen (Eds.), The United Nations Convention on the Rights of the Child: Taking Stock after 25...
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Prescott starts new program to monitor sex offenders
This system is excessive, infringing on several personal rights esp. for folks no longer required to register. 4-30-17 Arizona: Sex offenders living in the City of Prescott are now under an additional layer of supervision. As of April 1, the Prescott Police Department has implemented a monthly verification system called the Sex Offender Accountability Program (SOAP). This system, used to
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Michigan Sobriety Courts for 2nd and 3rd Offense DUI – Part 2
In part 1 of this article, we began looking at the benefits and growth of DUI sobriety courts in Michigan. We examined how these programs can help someone facing a 2nd offense DUI, and even a 3rd offense DUI, not only to get sober, but also to NOT lose their driver’s license. I pointed out that in my practice as a DUI and driver’s license restoration lawyer, I deal with alcohol problems on both sides of the equation; from those facing a drunk driving charge and struggling with their drinking, to those who have gotten sober and are ready to win back their driver’s license. In addition, I bring a clinical background and education to my practice, which initially made me a bit skeptical of sobriety courts. However, because of the many success stories I have seen, I have been won over and think everyone facing a 2nd or 3rd DUI should at least consider sobriety court, if it’s an option. We ended the first installment with 1 of 3…
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Federal Public Corruption | Federal Criminal Defense Attorney
The Department of Justice’s Public Integrity Section specializes in investigating federal public corruption of both state and federal officials. There are three statutes that are commonly used against state and local officials charged with public corruption. As the United States Supreme Court observed, “[A] democracy is effective only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption.” United States v. Miss. Valley Generating Co., 364 U.S. 520, 562 (1961). Honest Services Fraud, Mail and Wire Fraud (18 USC 1341, 1343) Under these statutes, sending an email or mailer as part of a scheme to defraud is sufficient for a conviction. The email or mailer does not need to have any fraudulent information. Federal prosecutors need only show that the mailing or email was a “step” in the fraudulent scheme.…
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Federal Public Corruption | Federal Criminal Defense Attorney
The Department of Justice’s Public Integrity Section specializes in investigating federal public corruption of both state and federal officials. There are three statutes that are commonly used against state and local officials charged with public corruption. As the United States Supreme Court observed, “[A] democracy is effective only if the people have faith in those who govern, and that faith is bound to be shattered when high officials and their appointees engage in activities which arouse suspicions of malfeasance and corruption.” United States v. Miss. Valley Generating Co., 364 U.S. 520, 562 (1961). Honest Services Fraud, Mail and Wire Fraud (18 USC 1341, 1343) Under these statutes, sending an email or mailer as part of a scheme to defraud is sufficient for a conviction. The email or mailer does not need to have any fraudulent information. Federal prosecutors need only show that the mailing or email was a “step” in the fraudulent scheme.…
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Goldman & Jin on Nonconsensual Pornography Dissemination
Eric Goldman and Angie Jin (Santa Clara University - School of Law and Cornell University - Law School) have posted Judicial Resolution of Nonconsensual Pornography Dissemination Cases on SSRN. Here is the abstract: Nonconsensual pornography dissemination has emerged as one...
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New Research Suggests Potential of Prison Furloughs, But Shadow of Willie Horton Still Looms
It remains the paradigmatic moment in the modern history of tough-on-crime politics. In the summer of 1988, Michael Dukakis, the Democratic Governor of Massachusetts, seemed to be cruising toward a presidential election victory in November. Then, Republican operatives began to pummel him for a horrific failure in Massachusetts’s prison furlough program. This program offered short leaves for inmates to spend time at home, which was thought to help prepare them for their permanent release. The program had a good track record until an inmate named Willie Horton absconded during one of his releases and brutally assaulted a young couple. As the Horton story became more widely known nationally, Dukakis’s lead in the polls evaporated. His eventual loss seemed to confirm that politicians could no longer afford even a tangential association with policies or programs that were perceived to be soft on crime. The Horton story reverberated for years across the whole field…
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Baltimore State's Attorney Implements Discrimination Against Citizens
The headline of this post states the explicit policy now adopted in Baltimore. As summarized in this entry from Prof. Berman, the State's Attorney's Office has embraced a policy of treating lawful citizens more harshly than illegal immigrants for identical conduct.Of course, this is the same State's Attorney's Office that famously brought very serious charges, including homicide, against six police officers, and failed to prove a single one. In one case, there was a mistrial; in the next two, an African American judge acquitted the defendants on all counts; and after that, the prosecutor gave up, having achieved her principal goal from the outset, to wit, having smeared the cops without enough evidence to persuade anyone outside of street demonstrators and arsonists of their guilt.Welcome to Charm City.
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Elholm & Colson on EU Criminal Law
Thomas Elholm and Renaud Colson (Independent and Faculté de Droit et des Sciences politiques de l'Université de Nantes) have posted The Symbolic Purpose of EU Criminal Law (Chapter published in R. Colson & S. Field (eds.), EU Criminal Justice and...
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Top-Ten Recent SSRN Downloads in Criminal Law eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 2,457 Why Prison?: An Economic Critique Peter N. Salib United States Court of Appeals for the Seventh Circuit Date posted to database: 7 Mar 2017 2 828 Law, Virtual...
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The Pre-Pleading Memorandum: The Legal Equivalent of a Hail Mary Pass
The vast majority of New York State criminal cases end in plea bargains; getting a favorable one, however, largely rests on the shoulders of your defense lawyer. And while many cases allow for easily negotiated pleas, many others involve deeply unpopular conduct or which have overwhelming evidence against the defendant. These are the cases which require creativity from your attorney to achieve the best result possible. In this post, I will discuss pre-pleading submissions; as the best New York criminal attorneys know, a well-researched and thorough document presented to the prosecutor and/or judge which extolls the virtues of the defendant or highlights mitigating factors of the defendant’s behavior can mean the difference between lengthy prison sentences and probation. An Ugly Case Ends Well Once the Prosecutors Learn More About the Defendant The pre-pleading memo submission is the legal equivalent of a Hail Mary pass: the defense lawyer…
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The Latest Abolitionist Liar: The Pope
Prosecutors often present unsavory characters -- members of drug gangs, for example -- as witnesses in drug trafficking cases. In closing argument, they'll remind a skeptical jury that, while these witnesses might not be of the best character, you can't expect the people who know the inner workings of drug conspiracies to be the Pope.The implication is that the Pope is a model of honesty.Well, not exactly. This commentary, titled "Is the Death Penalty un-Christian?" makes the following observation:Among Christian leaders, Pope Francis has been at the forefront of arguing against the death penalty...[H]e observes that the death penalty is no longer relevant because modern prisons prevent criminals from doing further harm. Pope Francis speaks of a larger ethic of forgiveness. He emphasizes social justice for all citizens as well as the opportunity for those who harm society to make amends through acts that affirm life, not…
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Roy
Comin' down the ridge out of Roy, New Mexico, I saw it happen. Before my eyes. Ahead, on the side of the road, a large one with its wings outstretched. Jerking its head up and down. Either an eagle or a hawk, whichever is the largest of the two, and I'm not smart enough to know which is which anyway.The biggest damn bird I ever saw. Zoo or no zoo. I knew it was perched on prey. And, for a second, it stopped the mauling and turned its head to look at the oncoming, trying to figure out what to do.I downshifted about ten yards away.Poor critter I thought. Rabbit or squirrel or...Then, in one large leap, it started to fly. A good foot between its talons, which were clasping a snake.The snake: long and writhing. Long and with its mouth open. Five feet, maybe more. Hanging from both sides of the bird's legs. I pressed the brakes.In Germany, I watched two fighter jets collide while I…
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Top Ten Favorite Films: #10 Murder On A Sunday Morning
I dare you. I double dare of you. I infinitely dare you to watch this film and not double over with emotion.The most powerful true crime documentary, podcast, or whatever.Want to see crooked prosecutors, police officers, and the like up close.Well, step right up.The mother's proud eyes. The indignity.The quiet hopefulness of the juvenile/defendant.The scum of the earth being caught.A betrayer of his own people.But, in the end, redemption.A must, must see.#10.
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A rare year without any formal amendments to the US Sentencing Guidelines
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