Attorney General Jeff Sessions issued a press release today here putting an end to settlements that had payments to third parties as a condition of settlement. The press release says that " [w]ith this directive, we are ending this practice...
DOJ Ends Third Party Settlement Practice - But What is No Longer Allowed?
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Johnson on Measuring Creative Plea Bargains
Thea Johnson (University of Maine School of Law) has posted Measuring the Creative Plea Bargain (Indiana Law Journal, Vol. 92, 901 (2017)) on SSRN. Here is the abstract: A great deal of criminal law scholarship and practice turns on whether...
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Defending Sexual Assault Charges and the Bill Cosby Trial
The Bill Cosby trial enters its third day today as the comedian faces three counts of aggravated indecent assault, which are felonies under Pennsylvania law. Things are moving along. The jury is in the box, and witnesses are taking the stand in the Montgomery County courtroom. Accuser on the Stand This morning, the testimony of accuser Andrea Constand continues with more defense cross-examination of the woman who alleges Bill Cosby drugged her and then sexually assaulted her back in 2004. Defense questioning of Ms. Constand began yesterday afternoon. What many people may not realize is how much of this sexual assault trial has already been decided, it’s all over on many issues. Think a Bill Cosby Guilty Verdict is a done deal? Maybe it is, maybe it’s not. Importance of Pre-Trial Motions Lots of defense work takes place weeks and months before trial. Motions are made, and lots of decisions made by the judge happen long before…
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Is “Promoting Suicide” with Texting or Bullying the Same as Murder?
A recent New York Times article discussed a Massachusetts case where a 20 year old is being charged with involuntary manslaughter for encouraging her 17 year-old boyfriend to commit suicide by texting him messages encouraging him to kill himself. Along with the recent concern of parents and teachers around the country with the Netflix drama 13 Reasons Why, the question of who is “responsible” for a suicide has been on the minds of New Yorkers and Americans everywhere. While promoting suicide is clearly not something society encourages, that does not always mean it is a crime. In New York, like many states, there is a specific crime of “promoting a suicide attempt” under NY Penal Law § 120.30. If you or a loved one has been charged with promoting a suicide attempt or any other crime connected to bullying, harassment, or murder, talk to an attorney. Charges like these could yield serious penalties for mere moments of indiscretion. The Queens, NY…
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Spotlighting the continued challenges for juve lifers like Henry Montgomery even after SCOTUS victories in Miller and Montgomery
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“Second-degree Fleeing and Evading”, Facebook and the Juror
This post examines a recent opinion from the Court of Appeals of Kentucky: Huff v. Commonwealth, 2017 WL 1102994 (2017). The court begins the opinion by explaining that[w]e granted discretionary review in this case to address Appellant's contentions that (1) the trial court erred when it failed to strike a juror for cause for violating [Kentucky RevisedStatutes] § 29A.310(2); and (2) a Facebook post made by the prosecutor in Appellant's case disparaging the jury trial process in an unrelated matter one week prior to Appellant's trial created a substantial likelihood of prejudicing the defendant. . . .Huff v. Commonwealth, supra.The opinion goes on to explain that atrial was held in Trimble District Court wherein the jury returned a verdict finding Appellant, James Huff, guilty of second-degree fleeing and evading (motor vehicle), operating a motor vehicle with a suspended or revoked license, and for failure to maintain insurance. He was…
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The Expanding Scope of “Stop and Frisk”
Terry v. Ohio[1]’s “narrow” ruling on the constitutionality of police stop and pat downs absent probable cause has opened up a whole new world of Supreme Court jurisprudence. The Court has sketched out the scope of these searches, seizures, and what remedies apply to constitutional violations resulting from them. Simple Scope Expansions for Vehicles The Supreme Court quickly extended the principles of Terry from beat cops seeing suspicious behavior on the street, to police officers who see suspicious behavior on the road and in vehicles. Beginning with Pennsylvania v. Mimms[2], the Court allowed for officers to ask people to exit their vehicle and conduct a “Terry Frisk” when the officer has reasonable suspicion that the person is armed and dangerous. Continue reading
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Tenth Circuit panel issues big, intricate and important ruling in RICO suits brought against state-legal recreational marijuana businesses
The Tenth Circuit this morning released a ninety-page panel opinion in Safe Streets Alliance v. Hickenlooper, No. 16-1048 (10th Cir. June 7, 2017) (available here), a significant and complicated federal case that could directly or indirectly have a big impact on recreational marijuana reforms in Colorado and other states. I...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/X7aYK9OXhX0" height="1" width="1" alt=""/>
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How To Spot Sex Trafficking At Hotels
We represent women who have been victimized by sex trafficking, but in order for us to help them, they have to find a away out of the cycle of abuse. Oftentimes it’s very tough for victims to escape on their own, and outside intervention is necessary. So how can we help stop sex trafficking? By knowing the signs, and speaking up when something seems out of place. One of the most common areas where sex trafficking and prostitution takes place is at hotels or motels. So today, we’re going to share some tips for spotting sex trafficking at hotels that front desk workers, maids and other guests can use to help put an end to sex trafficking. Spotting Sex Trafficking At Hotels Here’s a look at four signs that sex trafficking may be taking place, and alerting the front desk or police may be wise. 1. Old Man/Young Woman at Check In – Now, there’s a chance that a father and daughter are checking into a hotel while mom parks the minivan outside, but if…
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WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people
WaPo: Colorado housing officials invite cops to perform warrantless searches on poor people by Radley Balko
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Prof Stephanos Bibas among new slate of notable nominees to the circuit courts by Prez Trump
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Thomas on Jury Trials
Suja A. Thomas (University of Illinois College of Law) has posted What Happened to the American Jury? Proposals for Revamping Plea Bargaining and Summary Judgment (Litigation, Vol. 43, No. 3 (Spring 2017)) on SSRN. Here is the abstract: Plea bargaining...
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Semi-Crash Blocking Lanes on I84 at the Cole/Overland Overpass
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: 06/07/2017 2:00 PM Please direct questions to the District Office Idaho State Police are currently at the scene of a crash involving a semi-truck on I84 eastbound at the Cole/Overland overpass. Multiple lanes are blocked at this time and motorists are encouraged to avoid the area if possible. More information will be released as necessary. drk -------------
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U.S. Supreme Court Indirectly Limits Important Component of DOJ’s FCPA Pilot Program
On June 5, 2017, the U.S. Supreme Court unanimously held in Kokesh v. Securities and Exchange Commission, No. 16-529, that the SEC may not reach beyond the general five year statute of limitations period in order to obtain “ill-gotten gains,” a remedy known as disgorgement. Although the case did not involve a Foreign Corrupt Practices Act (“FCPA”) enforcement action, it nonetheless has important implications for FCPA enforcement and importantly, the DOJ’s recently-renewed Pilot Program. Prior to this case, lower federal appeals courts had been divided over whether the five-year time limit applied to not only civil penalties, but also to the equitable remedy of disgorgement through which the government also seeks all of the funds obtained as a result of a party’s alleged misconduct. Thus, in some jurisdictions disgorgement proved an important tool for the government in cases involving aged conduct. The five year statute of limitations at issue…
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Questions Asked Now, But Ignored Then
Four senators closely identified with the "sentencing reform" movement have written the Attorney General, questioning his recent decision ordinarily to require federal prosecutors to charge defendants with the most serious readily provable offense.The letter is reproduced here, in the press release of one of its signatories, Sen. Mike Lee (R-UT).I might have a more detailed response to this letter in a bit, but for right now, I have some questions of my own.1. Why should prosecutors, whose main duty is to enforce the laws as Congress wrote them, charge the defendant with anything other than what he actually did? Isn't honesty the paramount value we seek in public servants?2. Why do pro-"reform" senators want the executive branch to, in effect, legislate the "reform" agenda for them through massaged charging policies? (Hint: Because they can't get it through a wised-up Congress, so they want a work-around.…
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Hendry & King on Civil/Criminal Procedural Hybrids
Jennifer Hendry and Colin King (School of Law, University of Leeds and Sussex Law School) have posted Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids (Crim Law and Philos) on SSRN. Here is the...
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**UPDATE**Semi-Crash Blocking Lanes on I84 at the Cole/Overland Overpass
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: 06/07/2017 3:22 PM Please direct questions to the District Office **** UPDATE **** All lanes of travel are open. drk **************************** Idaho State Police are currently at the scene of a crash involving a semi-truck on I84 eastbound at the Cole/Overland overpass. Multiple lanes are blocked at this time and motorists are encouraged to avoid the area if possible. More information will be released as necessary. drk -------------
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State v. Scaturro Clarifies Duties of Drivers Involved in Injury Crashes
The general rule for a driver involved in a crash in which a person is injured or at least $1,000 in property damages occurs is this: The driver must stop his vehicle at the scene and must remain there with the vehicle until a law enforcement officer completes the crash investigation or authorizes the driver to leave and the vehicle to be removed. There is, however, an exception to this rule. That exception led to yesterday’s court of appeals opinion in State v. Scaturro, reversing a driver’s conviction on charges that he left the scene of a crash. What is the exception? A driver may leave a crash scene in his vehicle to call for a law enforcement officer, to call for medical assistance or treatment, or to remove himself or others from significant risk of injury. G.S. 20-166. A driver who leaves for one of these purposes must return with the vehicle to the accident scene within a reasonable period of time, unless otherwise instructed by a law enforcement officer. An…
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Patricia del Río y Sense "8"
http://elcomercio.pe/opinion/rincon-del-autor/homo-autoritarius-patricia-rio-432781 La señora Del Río escribe muy bien, algunas veces he estado a favor otras en contra de sus opiniones, en el enlace que comparto nos indica que tal como vamos más temprano que tarde seremos reemplazados por un pensamiento distinto, un pensamiento que evoluciona (involuciona desde mi punto de vista) con la misma rapidez que los cambios promovidos por el propio pensamiento y practicado por una cúpula que lo difundirá, algo parecido a la moda en la era actual. La señora Del Río se preocupa porque existen personas y países que no están de acuerdo con la modernización del pensamiento y las practicas que podrían imponerse, asombrándose de que la degeneración de nuestra especia todavía encuentre resistencia y existan "homofóbicos" para tocar una de sus preocupaciones. Concluye…
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Richardson on Police Use of Force
L. Song Richardson (University of California, Irvine School of Law) has posted Police Use of Force (Academy for Justice, A Report on Scholarship and Criminal Justice Reform, Erik Luna ed., 2017, Forthcoming) on SSRN. Here is the abstract: Racial disparities...
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