"Out of Sight: The Growth of Jails in Rural America"
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Executive Privilege or Stonewalling?
In today's testimony, Attorney General Sessions declined to provide the substance of conversations he had with the President. There was heated argument about this. The Democrats' point of view was that Sessions was necessarily either invoking executive privilege or simply stonewalling.Question: Which was it?Answer: Neither. It was the most recent iteration of an established policy grounded in separation of powers and used, quite a few times as it happens, by high officers of the Obama Administration. The following examples are being cited by the RNC: · Ben Rhodes, Deputy National Security Adviser to President Obama, refused to testify before the House Oversight Committee regarding how he and President Obama "sold the Iran nuclear deal to the public." "On Monday, three Republican senators called on President…
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News Scan
Crime Out of Control in Baltimore: Following eight shootings Monday that left six people dead, the Baltimore Police Commissioner, Kevin Davis, intends to flood the streets with officers. Kevin Rector and Jessica Anderson of the Baltimore Sun report that officers will be working 12-hour shifts with every available officer on patrol. Davis said that gun offenders in Baltimore "do not fear arrest, they do not fear a successful prosecution, and quite frankly, they don't even fear a damn guilty verdict," because they often get off lightly. He has asked the legislature to increase the consequences for gun criminals by making the illegal possession of a firearm, which is currently a misdemeanor, a felony. The Chairman of the legislature's Judicial Proceedings Committee has said that such legislation is "not the answer." Crackdown on MS-13 in New York: Agents from Federal Immigration and Customs Enforcement (ICE) and the…
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Fair Punishment Project starts "In Justice Today" to look closely at work of prosecutors
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HOW A SIMPLE WELLNESS CHECK CAN TURN INTO A DUI ARREST
The officer may have simply been checking to make sure you were OK. You were slumped over your steering wheel, and the officer thought you might have a medical emergency. So she knocked on your window. You were startled and opened your window. Then, the officer clearly smelled alcohol, which led to your arrest. Apart from patrolling for crime, an officer looks after public safety as a community caretaker. In that capacity, an officer may stop and question you to see if you need help. Under those circumstances, an officer does not need a reasonable, articulable suspicion of wrongdoing before stopping you. But then things can get tricky. A community caretaking stop can turn into probable cause for arrest. After smelling the alcohol or spotting other evidence of wrongdoing, the officer now has the reasonable, articulable suspicion required to question you further which can lead to an arrest. In a recent appellate case, an officer had been following a defendant’s…
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Can My Journal Be Used Against Me if I’m Facing Criminal Charges?
Writing in a journal can be extremely therapeutic; jotting down thoughts, hopes and fears can help you solve problems, stick to a plan, and reach goals. Although journals have long been hailed as a private space in which you can divulge your deepest, darkest secrets, you may want to think about withholding criminal confessions from its pages. If your journal is found during a legal search, it will likely be admissible as evidence in court. The search doesn’t even have to be conducted by law enforcement; if one of your family members or roommates finds something incriminating in your journal and reports it to law enforcement, your Fourth Amendment protections may fly out the window. Invasion of privacy is a no-no, but legally obtaining a journal or diary during a search does not constitute invasion of privacy. If the contents of the journal are deemed relevant to the charges you are facing, the prosecution will likely use it against you. A MA criminal defense lawyer can…
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Motorcycle Theft is on the Rise
Although the reason has yet to be determined, motorcycle thefts rose two percent in 2016. Maybe it’s because they look cool, or maybe they’re just easier to steal than other motor vehicles. The National Insurance Crime Bureau (NICB) has released statistics that provide more information about where these thefts are most prevalent, and what may be behind the increase. A MA defense attorney can help you determine how to proceed if you’ve been charged with motorcycle theft. Top 10 Cities for Motorcycle Theft Of the top 10 cities mentioned in the NICB report, nine are located in warm climates. This isn’t a big surprise, given that more bikes are purchased in warmer-climate areas, and they are generally on the road for more months each year in these places. However, the only city on the list with a cold climate in winter months also happens to be the city with the highest number of motorcycle thefts – New York City. The top 10 cities were: New York City…
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US Attorney for D.C.
Orin Kerr has this post at the Volokh Conspiracy on the reportedly forthcoming nomination of Jessie Liu for U.S. Attorney for the District of Columbia.D.C. is a unique district. Although Congress provided the District with its own elected government and its own state-court-like court system, it did not provide a locally chosen prosecutor. The U.S. Attorney prosecutes both the inherently federal offenses in U.S. District Court and the "local" offenses (federal only because D.C. is a federal enclave) in the D.C. Superior Court.The DoJ ranks of the Trump Administration are slowly filling, but it is taking a long time.
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Child Pornography Cases Present Unique Technological and Procedural Issues
Law enforcement agencies that investigate child pornography cases face special technological challenges when tracking the distribution of contraband on the Internet, and then in building a case against a specific defendant. A case in point is “Dreamboard”, an online bulletin board that advertised and distributed child pornography. Dreamboard users employed encryption software, peer-to-peer networks and the so-called “Dark Web” to share images between and amount members/subscribers in 13 different countries. In fact, all Dreamboard subscribers were required to use specific encryption software when viewing and/or sharing images. Further, each file description had a specific link and password which allowed access to images through another website that stored encrypted files. Dreamboard was the target of a 2009 sting operation that resulted in approximately 70 convictions. The site was infiltrated through the efforts of…
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A Call for Papers: "Is It Time for Truth & Reconciliation in Post-Ferguson America?"
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Call for Papers: "Is It Time for Truth & Reconciliation in Post-Ferguson America?"
Michigan State University College of Law is hosting this symposium. Details follow the jump. Ever since Europeans first settled the continent over four hundred years ago, racial injustice has existed in North America. Human bondage was formally recognized in the...
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Gambling Laws in Texas: When and Where Texans Can Gamble
U.S. Gambling Overview Americans have embraced gambling by for centuries. Before our country fought the Revolutionary War, settlers enjoyed European card games and participated in simple lotteries. As the country grew, gambling halls and saloons were gathering places. In the... The post Gambling Laws in Texas: When and Where Texans Can Gamble appeared first on The Law Office of Greg Tsioros.
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California Moves Slowly Toward Resuming Executions
It is reported that California is easing back into executions for convicted criminals on death row, after not having executed anyone in over a decade. California has a sordid history with the death penalty. The process is extremely delayed, with inmates waiting on death row for decades before dying of natural causes instead of being executed. The state has held no executions since 2006, and only 13 since the death penalty was reinstated in 1978. However, the list of death row inmates is twice as many as any other states, up to 749. California voters voted for Proposition 66 last November, which would keep the death penalty intact and also reform the state’s capital punishment system by speeding up executions. In 2012, voters also rejected Proposition 34 and Proposition 62 in 2016, which would have permanently repealed the state’s death penalty. Voters in a few Southern California counties are also electing district attorneys who put more people on death row. The…
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Murder Laws in Texas: Types, Degrees, and Punishments
There are few criminal offenses as serious as those concerning the loss of life. In Texas, the criminal justice system prosecutes laws pertaining to cases in which one person is responsible for another person’s death. There are distinctions between these offenses made regarding the defendant’s actions and his or her frame of mind when the more > The post Murder Laws in Texas: Types, Degrees, and Punishments appeared first on The Law Office of Matthew D. Sharp.
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Just How Warped Is Legal Academia?
I ask this question because, at random, I looked at the two most recent entries on Sentencing Law and Policy. Here they are:A Call for Papers: "Is It Time for Truth & Reconciliation in Post-Ferguson America?""Fair Punishment Project starts 'In Justice Today" to look closely at work of prosecutors'" Here's a quotation from the first:Ever since Europeans first settled the continent over four hundred years ago, racial injustice has existed in North America. Human bondage was formally recognized in the United States for nearly a century following the Nation's birth in 1776. While the Thirteenth Amendment officially abolished slavery in 1865 and the Fourteenth Amendment mandated equal protection in 1868, nearly another century passed before "separate but equal" was repudiated and some progress was made. Today we still see persistent racial inequities throughout American society. The…
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New York Justice Charged with Mortgage Fraud
Mortgage Fraud Blog. Lurlyn A. Winchester, 58, New City, New York, a Justice for the Town Court of Monroe, was charged with making false statements in connection with an application for a loan to purchase a residence in Monroe, New York, which satisfied the residency requirement of her position as Town Justice. She was also charged with obstruction of justice for […] The post New York Justice Charged with Mortgage Fraud appeared first on Mortgage Fraud Blog.
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What are the consequences for harboring a runaway child in Texas?
Unfortunately, thousands of children run away from home each year. Some flee because they are rebellious and don’t want to follow rules. Others leave to escape abuse or neglect. Many take off to avoid crisis or conflict, such as drug addiction, an unplanned pregnancy, or being bullied at school. Regardless of the reason, running away from home is rarely the answer. Not only is it dangerous, but it can lead to criminal consequences for the runaway child – and for those who take them in or help them. Is it illegal to run away from home in Texas? In Texas, running away from home is considered a “status offense.” A status offense occurs when a juvenile engages in conduct that would not be a crime if committed by an adult, such as drinking, smoking, skipping school, and running away from home. If a juvenile court finds that a child has committed a status offense, it can place the youth on varying levels of probation but cannot sentence the offender to the…
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What are the consequences for harboring a runaway child in Texas?
Unfortunately, thousands of children run away from home each year. Some flee because they are rebellious and don’t want to follow rules. Others leave to escape abuse or neglect. Many take off to avoid crisis or conflict, such as drug addiction, an unplanned pregnancy, or being bullied at school. Regardless of the reason, running away from home is rarely the answer. Not only is it dangerous, but it can lead to criminal consequences for the runaway child – and for those who take them in or help them. Is it illegal to run away from home in Texas? In Texas, running away from home is considered a “status offense.” A status offense occurs when a juvenile engages in conduct that would not be a crime if committed by an adult, such as drinking, smoking, skipping school, and running away from home. If a juvenile court finds that a child has committed a status offense, it can place the youth on varying levels of probation but cannot sentence the offender to the…
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CHOLO SOY, SIGRID BAZÁN Y PURA VIDA
http://larepublica.pe/impresa/opinion/885747-el-fujiaranismo-y-sus-insultos Por Sigrid Bazán “Finalmente, me reafirmo en una de mis columnas anteriores: Es una lástima que una persona pueda terminar destruyendo una bancada democrática y, peor aún, que esté dispuesto a abandonar todos los principios que luego reclama a otros”. Editorial http://elcomercio.pe/opinion/editorial/editorial-pura-finta-434364 MIS COMENTARIOS Había pensado dedicar las próximas líneas a don Luís Abanto Morales que, desde hoy descansa al lado del creador, pero fiel a mi costumbre después de revisar mi correo dedico un tiempo a la lectura de las noticias; Son las cuatro con veinticinco minutos de la tarde, en los últimos quince he leído La República y el Editorial de “El Comercio” más o menos 10 por ciento de lo que leo normalmente, pero siento que debo…
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Contempt For Congress
When witnesses are called before a Congressional committee to testify under oath, they are required to answer the questions put to them unless they can assert a legal basis for refusing to do so. Such valid bases include the Fifth Amendment privilege against self-incrimination and the attorney-client privilege. Witnesses can also state that their testimony involves classified information or information that implicates national security, and request that such testimony be provided in a closed session. The president can invoke executive privilege to prevent members of his administration from testifying about matters involving national security. Executive privilege has also been used to shield the “deliberative process” which is meant to “encourage open, frank discussions on matters of policy between subordinates and superiors.” But claims of executive privilege can be…
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