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Theft is Not Always a Petty Crime

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To some people, stealing something small from a store may not seem like a big deal and some kids even treat stealing as a type of rite of passage. This is always a mistake, however, as theft of any item of any value is always a crime under Maryland law. “Petty theft” is a misdemeanor that can be charged if the item or money stolen was worth less than $100. While it is called “petty,” a conviction can mean a $500 fine and/or up to 90 days behind bars. As the value of stolen property increases, so does the severity of the charges and potential penalties. If the property or assets are worth up to $1,000, the charge is still a misdemeanor but the potential jail sentence increases to 18 months. Once a person is accused of stealing more than $1,000 worth of property, the stakes escalate significantly. The following are the maximum penalties for felony theft charges: Property valued $1,000 to $9,999 – a fine of $10,000 and/or up to 10 years in prison…

West & Meterko on DNA Exonerations

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Emily West and Vanessa Meterko (CUNY Institute for State and Local Governance and Innocence Project) have posted DNA Exonerations 1989-2014: Review of Data and Findings from the First 25 Years (Albany Law Review, Vol. 79, No. 3, p. 717-795, 2015/2016)...

Avoid a DUI Arrest this 4th of July

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The 4th of July is almost here, so it is important to bring up DUI arrests. The holiday is celebrated with barbecues, picnics, fireworks, and alcohol. Because this is a peak time for drinking and driving, law enforcement throughout the Tampa Bay area will be stepping up patrols over the holiday weekend. The Insurance Institute for Highway Safety (IIHS) has dubbed July 4th as the deadliest day for Americans on the road. Alcohol is a factor in 41 percent of 4th of July traffic deaths. July 3 and July 5 also have high numbers of alcohol-related collisions. This year, the 4th falls on a Tuesday, so many people will be celebrating a three day or even four day weekend. With the increased likelihood of a deadly accident, you will see more DUI patrols and checkpoints starting as early as Friday, June 30 and continuing through Wednesday, July 5. Please keep this in mind if you plan to get behind the wheel after drinking. Our Tampa Bay DUI Lawyers at Whittel & Melton encourage you…

Symposium on Supreme Court Capital Cases

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SCOTUSblog has a symposium on the U.S. Supreme Court's capital cases this term.  The index of posts is here.My contribution is here.

Two very different (but perhaps similar) tales of prison sentencing from outpost Virginia in incarceration nation

Alfonso Grados y la incapacidad

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ALFONSO GRADOS Y LA INCAPACIDAD Todos sabemos, por lo menos en Estadísticas del propio gobierno, que sólo el 25% de la PEA (Población Económicamente Activa) goza de un empleo formal y con él de los derechos laborales consagrados en la Constitución y sus leyes derivadas. El 75% restante es trabajador informal SIN NINGÚN DERECHO porqué a los “emprendedores” no les da la gana de reconocerlos y pagarlos. Esta diferencia ha dado origen para la pretensión de los empleadores apoyados por el gobierno se eliminen los “sobre costos laborales” glorificando  las AFP y  pedir la eliminación de la ONP. No sé si las Estadísticas son correctas o no pero entre las AFP y ONP existen un poco más de OCHO  millones de trabajadores  afiliados a uno de ellos, las AFP son un engaño, una estafa monumental contra los servidores sean públicos o…

Evolving Standards of Denial

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Kent noted SCOTUSblog's end-of-Term symposium on the death penalty.  I was briefly invited to write a piece for it, then dis-invited within a matter of hours.  This may have been because the hosts wanted to avoid a surplusage of death penalty backers (I would have been the third; there are five abolitionists writing).The symposium features what has become the usual abolitionist mix of (1) grasping at straws of hope and (2) down-in the-mouth despair, but I admire the authors' ability to get so much written down so quickly.The concluding paragraph of one of the entries drew my attention.  It is this:It was around this time two years ago that Breyer made huge headlines when he wrote a dissent, joined by Justice Ruth Bader Ginsburg, calling for a wholesale re-examination of the constitutionality of the death penalty: "[R]ather than try to patch up the death penalty's legal wounds one at a time, I would ask for full briefing on a more basic…

¿Cuántos tiempo más durará Beto Ortiz en ATV?

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El conductor de “Beto a saber” se comprometió con el pueblo peruano en la  noche  del 26 de junio de 2017- a recordarles al Presidente del Perú y a SÚ ministro de trabajo todos los días, (mientras esté en el aire, agrego) que la muerte de dos jóvenes  en la Galería “Nicolini” NO quedará impune DEBEN ORDENAR el enjuiciamiento  de  los responsables por un crimen sin nombre y se les sentencie a prisión por los años establecidos en el Código Penal, igualmente la muerte de cuatro soldados (y el destino del mayor responsable de las prácticas en Marbella  me permito incorporar), a los muertos en “Utopía”  a los tres jóvenes bomberos muertos luchando contra el fuego en los almacenes del MINSA y a los cuatro muertos del Centro Comercial “Larcomar”. Si el compromiso anterior fue una expresión de…

Brezinova on Corporate Cyber Attacks

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Kristýna Březinová (Charles University in Prague - Law Faculty) has posted Company Criminal Liability for Unlawful Attacks against Information Systems within the Scope of EU Law on SSRN. Here is the abstract: Unlawful attacks against information systems are everyday reality...

Reckless Disregard of the Truth

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Newspaper editorials are statements of opinion, but those opinions are often supported by assertions of fact.  As the saying goes, everyone is entitled to his own opinion but not his own facts.On this blog we have often called out the New York Times editorial page for its particularly loose association with the truth.  See, e.g., this post from 2013.  NYT editorials regularly make factual assertions that seem to be pulled out of advocates' talking points.  If they do any fact-checking at all on their editorials before they print them, they are doing it exceptionally poorly.Now Derek Hawkins reports in the WaPo that Sarah Palin has sued the NYT over false assertions of fact in an editorial.The lawsuit, filed in federal court in New York, says a Times editorial earlier this month "falsely stated as a matter of fact" that Palin had incited the attack, in which a gunman shot 19 people, killing six of them.…

Crash on I15 Blocking NB Lanes at Exit 113 in Idaho Falls

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 06/28/17 5:15 p.m. Please direct questions to the District Office The Idaho State Police is currently on scene of a crash that is blocking both northbound lanes on Interstate 15 near exit 113 in Idaho Falls. More information will be given as it becomes available. 3638 /4039 -------------

Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing

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Courthouse News Service: Spy Tool’s Renewal Sparks Tense Senate Hearing by Brandi Buchman: WASHINGTON (CN) – Stoking the Senate Judiciary Committee’s frustrations on Tuesday, intelligence experts had few answers to direct questions on reauthorizing a surveillance tool. Set to expire … Continue reading →

Appleman on Private Prisons

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Laura I Appleman (Willamette University College of Law) has posted Cashing in on Convicts: Privatization, Punishment, and the People (Utah Law Review, Forthcoming) on SSRN. Here is the abstract: For-profit prisons, jails, and alternative corrections present a disturbing commodification of...

Lawyer for Jail Visit. Lawyer for Prison Visit.

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Sometimes there is a need to hire a lawyer for purposes of a jail visit or a prison visit.  Reasons to hire a lawyer for a jail visit include the following:  Family and friends are concerned because they are unable to obtain information.  Someone incarcerated is often isolated, without the immediate ability to communicate with the outside world; The family and friends want to show the person who is incarcerated that they are loved and supported; Continue reading

Jenks on US Approach to War Crimes

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Chris Jenks (Southern Methodist University - Dedman School of Law) has posted A Rose by Any Other Name: How the United States Charges Its Service Members for Violating the Laws of War (in MILITARY JUSTICE IN THE MODERN AGE, Cambridge,...

News Scan

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Pot Legal in Nevada Saturday:   Marijuana will become legal in Nevada on July 1st, but cannot be smoked everywhere in the state.  Andrew Craft of Fox News reports that while state voters passed a ballot measure making it legal to possess an ounce of pot, the debate continues regarding where it can be smoked.  State gaming regulators have barred public consumption of the drug on the Las Vegas Strip or any casino or hotel because it is still illegal under federal law and allowing its use might jeopardize gaming licenses.  Purchasers of marijuana will pay a 30-35% tax, which some legislators believe will generate millions in revenue.  State officials in Alaska expected the state to rake in $12 million in tax revenue from pot sales after it was legalized in 2015.  However only $692,929 had actually been received as of October of 2016.    

The “Pharma Bro” Case: Picking a Jury For an Infamous Defendant

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Today I picked up the newspaper and read about the difficult jury selection in the Martin Shkreli federal trial.  Shkreli, known as the “Pharma Bro” is one of the most despised people in America, in large part due to his raising the price of Daraprim – a drug primarily used to treat newborns and HIV patients – from $13.50 to $750 a pill while he was the chief executive of Turing Pharmaceuticals a few years back. When challenged by a journalist about this outrageous move, Shkreli smugly called the journalist a “moron.”  During jury selection for his Securities Fraud trial in federal court in Brooklyn, his attorney moved for a mistrial, decrying the inability to find a single prospective juror to be seated at Shkreli’s trial due to claims they could not be impartial: Shkreli is simply too hated by everyone who knows anything about him.  I was drawn back to a high profile trial of mine from years ago when we also were…

Jared's "Road Map to Nowhere"

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From New York Magazine on Jared's unsuccessful trip to the Middle East to bring peace, Roadmap to Nowhere: Palestinian leaders were said to be greatly disappointed in Kushner and Greenblatt serving as go-betweens for Netanyahu, as well as... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Two more notable recent criticisms of tough turn by AG Jeff Sessions

The Ugly American Hits a New Low

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The media is exploding about the Ugly American Donald Trump and his latest tweet about a tv host's plastic surgery. “I heard poorly rated @Morning_Joe speaks badly of me (don’t watch anymore). Then how come low I.Q. Crazy Mika,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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