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Financial Bail: How It Distorts Legal Fairness

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Introduction A healthy legal system is one that carries out regular reforms to reflect existing values of the society. Over the last decade, a major issue plaguing the criminal justice system has been the high population of incarcerated individuals, which has led to an overpopulation of the jails and prisons. This is in sharp contrast to countries like Sweden and Netherlands that are closing their prisons for opposite reasons. The fact is that for virtually every year from 1993 to 2012, crime rate has been falling. So, why is the incarcerated population increasing then?Among a myriad of reasons, perhaps the most plausible is the number of outdated practices that put more people in jail, while the rate of the clearance remains fairly steady. One of these outdated practices generating a lot of discourse is financial bail. Financial Bail Financial bail refers to the practice of courts temporarily holding onto a deposit of money or property as collateral. This is to ensure that…

Pittsburgh Police Must Follow a Code of Ethics

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Contrary to popular belief, officers in Pittsburgh are required to follow a strict code of ethics, or a set of values that represent what the organization’s goals. However, this code is not always adhered to, and even the code itself admits that mistakes may be made due to discretion. If you have been subjected to police brutality or another form of misconduct, you may be able to take action. To learn more about how your criminal charges can be reduced or dismissed, call to speak with one of our Pittsburgh criminal defense lawyers at Worgul Law Firm. The Duty of a Police Officer Perhaps the most important part of the Pittsburgh Police Code is the overview of a police officer’s purpose. Above all else, these professionals have a duty to make the community a better place, whether through protecting lives or ensuring that property is not stolen or tampered with. This portion of the ethical code also mentions that all officers to protect and honor the rights that are…

Simmons on Police Deadly Force and Grand Juries

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Ric Simmons (Ohio State University (OSU) - Michael E. Moritz College of Law) has posted The Role of the Prosecutor and the Grand Jury in Police Use of Deadly Force Cases: Restoring the Grand Jury to Its Original Purpose on...

How to Get the Most out of Your Meeting with Your Lawyer

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Being charged with a crime is a stressful and confusing time, and most people have no idea where to turn. If you have been charged with a crime in Maryland – such as assault, battery, robbery, or drug crimes – it is essential that you have an experienced Maryland criminal defense attorney on your side every step of the way. A criminal defense attorney will be able to maximize your chances of success at trial (or obtain the most favorable terms possible in a plea bargain) and minimize any repercussions and penalties upon conviction. Prior to meeting with your lawyer, there are several steps you can take in order to make your time more productive and valuable. Determine Beforehand What You Want to Accomplish Prior to meeting with your lawyer, you should first determine what you want to accomplish at the meeting. An experienced Maryland criminal defense lawyer will be able to discuss the facts and circumstances of your case with you and help you formulate legal…

FBI Director Candidates

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The WSJ reports:President Donald Trump is meeting on Wednesday with four candidates to lead the Federal Bureau of Investigation, including Acting Director Andrew McCabe and former Sen. Joe Lieberman, the White House said Wednesday....  Press secretary Sean Spicer said the other two candidates Mr. Trump will meet with are former FBI official Richard McFeely and former Oklahoma Gov. Frank Keating. Sen. Lieberman would be a politically interesting choice, but he has neither law enforcement nor prosecutorial experience.  He was Attorney General of Connecticut, but as I understand the way responsibilities are divided in Connecticut, that isn't really a prosecution office.  Further, even Democrats say that this is not the time, if there is any, to appoint a politician to this post, even one of their own.  Sen. John Cornyn and Rep. Trey Gowdy have already withdrawn from consideration.I like the idea of picking someone "up from the ranks," though I…

Dr. Evil needs some legal "advise" ... or is it "advice?"

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“When criminal-law cases imitate art,they do not always choose its highest form. United States v. Michael Mancil Brown, 16-6291 (6th Cir. 2017)The Secret Service pays close attention when nefarious packages arrive at accounting firms from “Dr. Evil” - especially if “Dr. Evil” threatens the release of undisclosed tax returns of a presidential candidate unless $1 million in bitcoins is exchanged. In August 2012, the Franklin, TN office of PricewaterhouseCoopers received a padded envelope containing a flash drive and letter demanding $1 million in bitcoins to stop the release of Mitt Romney’s undisclosed tax returns. The letter provided that the flash drive had these encrypted tax files and upon receipt of the bitcoins, an encryption key would be provided. The Williamson County Republican and Democratic party offices also received letters a few day later. After that, posts were placed on Pastebin.com that described the stolen documents and…

Crime Increase Sparks Criminal Justice Reform Debate in California

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Sarah Le has this article with the above title in the Epoch Times:Crime has been going up in California, and some members of law enforcement and their support organizations are blaming a series of changes to California's criminal justice system in recent years.Violent crime in California increased 10 percent and property crime increased 8.1 percent from 2014 to 2015, according to the California Office of the Attorney General. In Los Angeles, violent crime increased three years in a row, rising 69.5 percent since 2013, according to the Los Angeles Police Department (LAPD)."Our city has experienced a steady crime increase in almost all categories," said LAPD Sergeant Jerretta Sandoz, vice president of the Los Angeles Police Protective League, in a press release.*       *       *Michael Rushford, president of the nonprofit Criminal Justice Legal Foundation, said: "If you have a fire and you pour more…

Mueller Named Special Counsel for Russia Probe

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Del Quentin Wilber and Aruna Viswanatha report for the WSJ:Former FBI Director Robert Mueller III was appointed as special counsel to oversee the FBI investigation of the Russian government's efforts to influence the 2016 election, the Justice Department said.Deputy Attorney General Rod Rosenstein announced the appointment because Attorney General Jeff Sessions recused himself from any investigation related to the 2016 race. Mr. Rosenstein said in a statement that "I determined that it is in the public interest for me to exercise my authority and appoint a Special Counsel to assume responsibility of this matter."Mr. Rosenstein, who signed the order on Wednesday, cautioned that his decision wasn't the result of a "finding that crimes have been committed or that any prosecution is warranted." Update:  The DoJ press release is here. The appointment order is here.

Their Wildest Dreams

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A gentleman in Elk River, Minnesota, worries about the money spent on cops, and their wildest dreams. While the money issue concerns me, this post is about cops’ wildest dreams. I focus on this because money is one thing, but the dreams of cops—that’s the stuff alternate universes are made of—are responsible for nearly all the shootings of unarmed citizens of which I’m aware. Now citizens. Those are the people that we originally created cops to protect and to serve. They’re the people in “We, the People.” You know, the true Founders of the United States.[1] Cops like to refer to them as “civilians.” This patois—like modern-day police tactics, and even equipment—is taken from the military. Law enforcement should actually be ashamed of the fact that it has abandoned the principles upon which it was formed, to transform itself into a bunch of toy soldiers. Children are supposed to grow up, not turn into…

Rosenstein Appointment of Special Prosecutor Bodes Well for America

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It is not possible to find a single major media outlet that simply reports accurate facts without either subtle or overt effort to give a political story a “spin” that matches an editorial agenda whether it is liberal or conservative, pro-Trump or anti-Trump.  There are rare chances to get real, accurate, original sources since most […]

California Prop. 66 Oral Argument June 6 in L.A.

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The oral argument before the California Supreme Court in the suit challenging Proposition 66, the death penalty reform initiative, is set for Tuesday, June 6 at 9:30 a.m.California's nomadic Supreme Court hears arguments in Sacramento and Los Angeles as well as its headquarters in San Francisco, and this argument date is in L.A.That's D-Day, appropriately enough.  We are anxious to head south and engage in the battle, hopefully winning a major victory for justice.

FACDL DOESN'T LIKE US (FROWNIE FACE)

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UPDATE: A possible BIG case is going on in Broweird. There are in our collective history moments when the man meets the opportunity and history is made. Washington at Valley Forge. Eisenhower on June 5, 1944. President Reagan saying "Tear down this wall."And Daniel Pearson and Harry Prebish forming FACDL Miami. At least that's what FACDL would have you believe. Everyone loves the blog when we skewer KFR or POTUS 45 or some drunken Judge in Broward. But poke a bit of fun at the legal equivalent of Mother Teresa? Oh no. "The Blog is being mean to us. Wa wa wa." We came into being mocking those in the criminal justice system who were self-important frauds. And we shall continue to do so. FACDL serves an important function. Too many for us to list here. We support their goals and efforts. But memo to the FACDL board- when you're in your meetings and one of you makes a sarcastic mention that what you're discussing will…

What’s Hot in the Realm of DWI Litigation?

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I was recently asked to talk to a group of attorneys about “hot topics” related to the criminal prosecution of impaired driving. Those of you who practice in the field are doubtless better equipped than I am to identify those topics. If pressed, I’d put these items on the list: (1) how the two-year statute of limitations applies to misdemeanors charged by magistrate’s order; (2) the admissibility of expert testimony by law enforcement officers, particularly regarding horizontal gaze nystagmus; (3) the admissibility of the results of warrantless blood tests; and (4) the appropriate remedy for statutory violations related to a defendant’s arrest and pre-trial detention. While the state supreme court has yet to issue its opinion regarding the statute of limitations issue in State v. Turner (discussed here) and neither the court of appeals nor the supreme court has opined about the admissibility of horizontal gaze nystagmus testimony following the 2011…

Crash blocking US20 at Farmway Rd.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/18/2017 8:30 pm Please direct questions to the District Office At this time Idaho State Police is investigating a crash WB on US20 at Farmway Rd., near Caldwell. The roadway is blocked in all directions. Motorists should expect delays. JMD/LMN -------------

Restoration of Honesty: Jeff Sessions' Charging Instructions

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The Washington Post has printed on its editorial page a few of my remarks commending the charging policy Attorney General Sessions issued last week for federal prosecutors.  I appreciate the Post's  willingness to air a competing point of view.  The piece was written as an op-ed, but was considerably shortened, and does not include some of the points I believe merit attentionThe piece as originally submitted argues:Contrary to the Post's May 13 editorial ("It's time for federal sentencing reform"), Attorney General Sessions made the right call in restoring a long-honored standard for bringing criminal charges against those who profit from the ignorance and misery that fuels drug trafficking. Sessions' instruction to prosecutors is that they should charge the most serious readily provable offense.  That is simply saying that they should charge the defendant with what he actually did.  To…

How to Measure 1,000 Feet for the Sex Offender Residential Restriction

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Under G.S. 14-208.16, a registered sex offender may not reside “within 1,000 feet of the property on which any public or nonpublic school or child care center is located.” What’s the right way to measure those 1,000 feet? As the crow flies? Property line to property line? Building to building? The statute is susceptible to multiple interpretations, and the issue has yet to be explored North Carolina’s appellate courts. My sense is that not all 100 sheriffs in North Carolina apply the law in exactly the same way. And that’s understandable, because I can think of more than one interpretation that makes sense as a policy matter. For example, a strict property-line-to-property-line approach isn’t a great fit in a rural area where a person’s actual residence might be many thousands of feet from the actual edge of his or her property. And measuring the distance as the crow flies may fail to take into account barriers like rivers and…

Update: Crash blocking US20 at Farmway Rd.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/18/2017 10:40 pm Please direct questions to the District Office ***Update*** The blockage is clear on US20 and Farmway Road, near Caldwell. More information will be relayed when it is available. LMN/JMD ***************************** At this time Idaho State Police is investigating a crash WB on US20 at Farmway Rd., near Caldwell. The roadway is blocked in all directions. Motorists should expect delays. JMD/LMN -------------

Injury Crash Seltice Way and Beck Rd Intersection, Post Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: May 18th, 2017 10:30 PM Please direct questions to the District Office On May 18th, 2017, at approximately 5:43 pm, an injury crash occurred at the intersection of Seltice Way and Beck Rd in Post Falls, ID. A silver 1989 Oldsmobile Delta, driven by Nicholas A. Powell (35 years old of Coeur d Alene, ID), was travelling eastbound on Seltice Way in the wrong lane of travel. He failed to obey a traffic control light colliding with the back of a semi-trailer. The white 2007 Freightliner semi-tractor and trailer, driven by Darrin M. Roach (58 years old of Garfield, WA), was traveling northbound through the intersection at Beck Rd when the collision occurred. Powell…

Update: Crash blocking US20 at Farmway Rd.

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 05/19/2017 1:50 am Please direct questions to the District Office ****************FINAL UPDATE********************* On Thursday, May 18, 2017, at approximately 7:42 pm, the Idaho State Police investigated an injury crash westbound US20 at Farmway Road, near Caldwell, Idaho. A 2016 Chevrolet Uplander, driven by Allene M. King, 34, of Caldwell, Idaho, was traveling eastbound on US20. A 2001 Dodge pickup, driven by Jesus Rodriguez, 36, of Homedale, Idaho, was traveling westbound on US20. King attempted to turn north onto Farmway Road in front of Rodriguez, who was unable to stop, and collided with the King's vehicle in the intersection. King and three passengers…

News Roundup

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The investigation into Russian involvement in the presidential election continues to dominate the news this week.  On Wednesday, the Justice Department appointed Robert S. Mueller as special counsel responsible for leading the investigation.  The appointment comes after it was reported that former FBI director James Comey kept memos contemporaneously documenting his conversations about the investigation with President Donald Trump.  Mueller previously served as FBI director under George W. Bush and Barack Obama.  Keep reading for more news. DA Resigns.  The Greensboro News & Record reports that Person/Caswell District Attorney Wallace Bradsher submitted his resignation to Governor Roy Cooper this week.  As the News Roundup previously has noted, Bradsher and former Rockingham County District Attorney Craig Blitzer are being investigated for a scheme where the two men allegedly hired each other’s wives for state jobs that didn’t…
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