Many police departments have started wearing body cameras that record their encounters with citizens. In recent years, there have been numerous high profile incidents involving allegations of police misconduct that led to the death of a suspect. In response, many police departments have started wearing body cameras that record their encounters with citizens. But how should police departments police themselves when it comes to body cams? If each department has its own procedures and policies for when a body cam starts rolling, or which types of encounters should or shouldn’t be recorded, how do the courts make evidentiary decisions in police misconduct cases? Or criminal defense cases? Recently, the National Association of Criminal Defense Lawyers released a report, “Policing Body Cameras: Policies and Procedures to Safety the Right of the Accused.” The report makes several recommendations for police departments that use body cams for their officers. Report…
Report Makes Recommendations for Use of Police Body Cameras
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Dark Clouds on the Horizon for Graham v. Florida?
In 2010, the Supreme Court ruled in Graham v. Florida that juveniles given a life sentence for nonhomicide crimes must be given “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” But what makes a release opportunity “meaningful”? The Court’s decision earlier today in Virginia v. LeBlanc suggests that the threshold may not be as high as some hoped. LeBlanc was convicted of committing a rape when he was 16 and sentenced to life in prison without the possibility of conventional parole. On the face of it, this would seem a clear violation of Graham. However, in federal habeas proceedings, the state argued that LeBlanc would have his “meaningful opportunity” through a geriatric release program, which permits the release of some inmates who are age sixty or older. Since many other states also have geriatric release programs, the issue presented by LeBlanc has important,…
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Sukumar et al. on Timing of Police Evidence Disclosure
Divya Sukumar, Jacqueline Hodgson and Kimberely Wade (University of Warwick, University of Warwick - School of Law and University of Warwick) have posted How the Timing of Police Evidence Disclosure Impacts Custodial Legal Advice (The International Journal of Evidence &...
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Michelle Carter Suicide-by-Text Manslaughter Trial Continues
In 2014, then-17-year-old Michelle Carter allegedly encouraged her 18-year-old boyfriend Conrad Roy IIII to commit suicide. She did it through text. Earlier this week, Carter’s manslaughter trial commenced, with prosecutors arguing that the now-20-year-old Plainville woman’s texts urged Roy to take his own life. Both Carter and Roy had a history of mental illness. In fact, Roy had attempted suicide in 2012. But what could have possibly motivated Carter to send such damning texts to her boyfriend? Prosecutors claim that she was lonely and did it to improve her social life. According to testimony at the trial on Tuesday, Carter sent the following text to a friend, Samantha Boardman: “Yeah I have school friends that all say they love me . . . [but] no one ever asks to hang out with me. No one ever calls me or texts me. It’s always me who has to do it.’’ To another friend, Carter texted: “Stop telling me how wonderful and beautiful I am.…
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Even After Receiving Clemency, an Inmate Remains in Prison Because of a Conflict Between State and Federal Laws
Once a person has been convicted of a criminal offense and sentenced to a term of incarceration, they have numerous possible legal avenues to avoid serving the entire length of the sentence. The most common methods, aside from appeals and habeas corpus petitions, are parole and other forms of early release. Clemency, which occurs when the president or governor either commutes the sentence or pardons the offense, is a far less common outcome, but it has many interesting legal ramifications. In the last few months of his second term in office, President Obama commuted the sentences of several hundred nonviolent drug offenders. While this resulted in many early releases, at least one person has remained in prison because of a conflict between federal and state jurisdiction. Clemency can take two main forms. A “pardon” essentially absolves a person of guilt for a particular offense, or in connection with a particular act or incident. If no prosecution has occurred, a…
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NY4: Probation condition that def consent to searches reasonably related to his crime and rehabilitation
Defendant’s probation condition that he consent to searches is reasonably related to his crime and rehabilitation. People v. King, 2017 NY Slip Op 04618, 2017 N.Y. App. Div. LEXIS 4686 (4th Dept. June 9, 2017).* “Giving due weight to each … Continue reading →
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News Scan
Rolling Stone Settles in Fake Rape Case: In November of 2014 the Rolling Stone article "A Rape on Campus" by Sabrina Erdely described how seven men attending a University of Virginia frat party gang raped a co-ed named "Jackie." T. Rees Shapiro of the Washington Post reports that the story went viral, making national headlines reinforcing the rich, arrogant, sexist, fratboy narrative which had previously fallen apart in the 2006 Duke Lacrosse case. Then a police investigation, and a separate one by the Columbia University School of Journalism, announced that "Jackie" had lied. No rape had occurred. Today, UVA fraternity Phi Kappa Psi settled its lawsuit with Rolling Stone for $1.65 million. Two Prison Guards Killed During Escape: A manhunt is underway in Putnam County, Georgia after two inmates on a transport bus overpowered and killed two guards and fled. Fox News reports that both inmates are armed…
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La rebelión de las armas y Leopoldo López
http://diariocorreo.pe/opinion/leopoldo-lopez-y-la-rebelion-de-las-armas-755511/ El pez por su boca muere, hace muy pocos días un grupo de ricos o quienes lo representan -en nuestra País- entre los últimos articulistas "democráticos" como Rodriguez Mckay le han dicho de todo al gobierno venezolano y con la voz en alto y las teclas de su pc desenvainadas acusaron a los militares venezolanos, en ningún caso únicamente la cúpula, como los grandes beneficiarios de la revolución bolivariana, y hoy contra el sentido común el preso López le pìde a los militares -grandes aprovechadores de la hora actual- para mí tienen los cojones necesarios para defender a su Patria y apoyar los cambios, porqué la patria es lo más importante para sus ciudadanos y no el confort de cuatro familias que dicen ser sus dueños, patria que nuestros militares dejaron de defender…
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Deputy AG Rosenstein tells Congress marijuana is "properly scheduled under Schedule I"
During his testimony before the Senate Appropriations Committee, Deputy Attorney General Rod Rosenstein was asked the Department of Justice’s stance on marijuana. Here from The Cannabist is a report on this discussion: Alaska Senator Lisa Murkowski used part of her time to ask about marijuana, and the tension between federal...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-ziot0O5TNk" height="1" width="1" alt=""/>
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Dodd-Frank Re-Write—the House of Representatives Edition
The House has approved major changes to signature aspects of Dodd-Frank. While those changes are unlikely to survive intact, they are certainly worthy of close attention. We’ve studied the nearly 600-page bill so you don’t have to. On June 8, 2017, the House passed H.R. 10, entitled the Financial CHOICE Act of 2017. Sponsored by Rep. Jen Hensarling (R-Texas), the bill advances to the Senate after a largely party-line vote, 233 to 186. All but one Republican supported the bill, while all Democrats opposed. The bill extensively amends the Dodd-Frank Wall Street Reform and Consumer Protection Act, the landmark 2010 legislation passed by a Democrat-controlled Congress in the wake of the Lehman Brothers collapse and ensuing financial crisis. Key changes include: Overhaul of the Consumer Financial Protection Bureau: The independent bureau would be reconstituted as an executive-branch agency called the Consumer Law Enforcement Agency. The new bill eliminates or reduces…
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New York Appellate Court Upholds Conviction of Defendant in Assault Case Over Confrontation Clause Objection
In a recent New York appellate decision, the defendant challenged a conviction of first-degree assault, claiming that he was deprived of a fair trial because he was not afforded his constitutional right of confrontation. The defendant was tried before a jury regarding an incident involving an assault on his estranged wife’s romantic partner. The victim testified that while he was hailing a cab in New York with the defendant’s estranged wife and child, he was stabbed from behind several times. During the incident, the victim identified the attacker as the defendant. The prosecution was unable to locate the wife to provide testimony regarding the incident. Instead, it informed the court that while the wife identified the defendant as the attacker when talking to the police, she informed the prosecutor preceding the trial that she did not want to testify and that she did not recall seeing the defendant during the attack. The prosecution wished to have a detective…
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Attacking a Willful Refusal
Attacking a willful refusal, specifically a license revocation for willful refusal, requires careful review of several legal issues. Under N.C.G.S. 20-16.2(d) there are effectively three issues to be decided by a DMV Hearing Officer at a license revocation hearing based on a willful refusal: N Reasonable Grounds? Did a law enforcement officer have reasonable grounds to believe that the person was driving while impaired (DWI) or committing another implied-consent offense? N Informed? Did the chemical analyst inform the person charged of their rights under 20-16.2(a) related to chemical analysis both orally and in writing? N Willfully Refuse? Did the person willfully refuse to submit to a chemical analysis? Did the arresting…
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Kemp & Hodgson on Interrogating Young Suspects
Vicky Kemp and Jacqueline Hodgson (University of Nottingham - Faculty of Law and Social Sciences and University of Warwick - School of Law) has posted England and Wales: Empirical Findings (Chapter 4 in: Interrogating Young Suspects: Procedural Safeguards from an...
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When You Have No Other Argument, Just Lie
Today's News Scan notes a bill in the California Legislature to repeal what amounts to a mandatory minimum for use of a gun to commit a crime. Last month when this bill was heard in the Senate Public Safety Committee, Michele Hanisee and Eric Siddall wrote this post for the L.A. Association of Deputy District Attorneys about the testimony in support of the bill.Turns out the "facts" of the "poster child" case are fabricated. Imagine that.
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Legal Issues for Churches: What Clergy and Members Need to Know
Criminal Charges and the Church It is not uncommon for churches or clergy members to become the target of criminal probes. Each year, allegations of sexual misconduct, embezzlement, and tax fraud surface against church leaders and employees. This article looks at legal issues for churches in regards to criminal allegations that pastors, priests, and other member of clergy may face. Because churches face issues unique to houses of worship, it’s not unusual for congregations to attempt to resolve problems internally, sometimes through counseling and prayer. However, it is vitally important for church officials associated with any type of criminal allegation or inquiry, either directly or indirectly, to be proactive and contact an experienced criminal defense attorney as soon as possible, even if you are uncertain whether charges will be filed. Here’s a look at some legal issues for churches today and some suggestions on how churches can protect themselves and their…
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Legal Issues for Churches: What Clergy and Members Need to Know
Criminal Charges and the Church It is not uncommon for churches or clergy members to become the target of criminal probes. Each year, allegations of sexual misconduct, embezzlement, and tax fraud surface against church leaders and employees. This article looks at legal issues for churches in regards to criminal allegations that pastors, priests, and other member of clergy may face. Because churches face issues unique to houses of worship, it’s not unusual for congregations to attempt to resolve problems internally, sometimes through counseling and prayer. However, it is vitally important for church officials associated with any type of criminal allegation or inquiry, either directly or indirectly, to be proactive and contact an experienced criminal defense attorney as soon as possible, even if you are uncertain whether charges will be filed. Here’s a look at some legal issues for churches today and some suggestions on how churches can protect themselves and their…
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The Attorney General's Testimony
Attorney General Jeff Sessions' opening statement today before the Senate IntelligenceCommittee can be found after the break. Thank you Chairman Burr and Ranking Member Warner for allowing me to publicly appear before the committee today. I appreciate the Committee's critically important efforts to investigate Russian interference with our democratic process. Such interference can never be tolerated and I encourage every effort to get to the bottom of any such allegations. As you know, the Deputy Attorney General has appointed a special counsel to investigate matters related to Russian interference in the 2016 election. I am here today to address several issues that have been specifically raised before this committee, and I appreciate the opportunity to respond to questions as fully as I am able to do so. But as I advised you, Mr. Chairman, and consistent with long-standing Department of Justice practice, I cannot and will not…
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How You Can Tell if Sessions' Testimony Was Successful
Perhaps I should title this post, "Law and Economics."The Attorney General gave his potentially explosive testimony this afternoon. Within about an hour of the time he finished, the Dow Jones Industrial Average rallied off a two-day slump and finished at an all time high.Is this necessarily an indication that the market was reacting to Sessions' testimony? Nope. But it's unlikely that the market would hit a record close if it viewed developments in Congress as likely to de-stabilize the Administration.
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Debtors-prison policies decried, DPS cuts license center hours, and other stories
Here are a few odds and ends that merit Grits readers' attention while mine is focused on preparing for a much-need break next week.SCOTUS to consider warrants for cell-phone location dataThe US Supreme Court will finally consider the constitutionality of accessing cell-phone location data from service providers without a Fourth Amendment search warrant. See a press release from the ACLU, a report from Ars Technica, NY Times coverage, and commentary from Mother Jones. This makes me wish Texas had succeeded in enacting a statutory warrant requirement - an effort with which your correspondent was involved for several years. Doing so would bolster the case for the courts requiring a warrant and provide belt-and-suspenders protection if SCOTUS rules the wrong way.Budget cuts shorten DPS driver license center hours, but border security fully fundedBorder security funding for DPS remained at pre-Trump levels in Texas' new state budget, despite the President's…
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Living more powerfully and happily by transcending anger and embracing wonder
Everyone gets angry, at least sometimes. Anger, rooted in fear, is weakening and even debilitating. However, it also is debilitating for us to beat up on ourselves for getting angry, and to beat up on ourselves for anything. We must continue on the positive and powerful path, while learning from our mis-steps rather than letting our mis-steps become our quagmire. Why do I keep returning to this topic of anger? Because I have known anger by having grown up feeling too much anger, knowing the need to transcend it, and now being on that transcendent path, although with mis-steps along the way. I have gotten angry at those seeming to cross my path, violating human rights, expressing racism and acting racist, and being downright dishonest. Lama Surya Das wisely learned that demonstrating for peace during the Vietnam War while feeling anger was not sufficient. Peace starts within ourselves. I keep returning to the approach of finding calm within the eye of the storm. We can test our…
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