Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 72196 articles
Browse latest View live

Designar Funcionarios y funcionarios de CONFIANZA

$
0
0
Designar Funcionarios y funcionarios de CONFIANZA En nuestro País existen profesionales de primer nivel, llámense Sociólogos o Físicos nucleares, luego los gobernantes está en capacidad de designar a los mejores para el cargo que fuere mediante un concurso de oposición Honesto, Decente y Transparente, NO con un concurso trafa, ad – hoc porque es más perverso que elegirlos a dedo. ¿Elegirlos a dedo?, desde la dación del Decreto Legislativo Nº 276 y su Reglamento DS Nº 005-90-PCM se introdujo el término “confianza” podría ser –no lo he investigado- que la Ley Nº 11377 ya lo contemplara, en todo caso carece de  relevancia saberlo, lo importante es  la palabra “confianza”; ¿Que denota este término?, lealtad, honradez, seguridad, cumplimiento de metas, profesionalismo entre otros significados. No se elige a cualquiera sino…

NRA afraid to confront 'real threat' to Second Amendment

$
0
0
Bravo, Radley Balko![The National Rifle Association] is the group that claims to be the only thing preventing the government from obliterating the Second Amendment, yet they’re noticeably quiet about the people doing the most violence to the Second Amendment — the armed, badge-wearing government employees we call law enforcement officers. For all the NRA’s dire warnings about government gun confiscation, the real, tangible threat to gun-owning Americans today comes not from gun-grabbing bureaucrats but from door-bashing law enforcement officers who think they’re at war — who are too often trained to view the people they serve not as citizens with rights but as potential threats. Here, the NRA just doesn’t want to get involved. ...[T]he NRA’s allegiance to law enforcement has made the NRA indifferent to the ways that police tactics, use-of-force policy and police training …

Judge Godwin’s Big Table In The Well

$
0
0
Senior Nebraska District Judge Richard Kopf deconstructed an opinion by Southern District of West Virginia Judge Joseph Godwin rejecting a plea agreement. Greatly condensed and summarized, the judge recounted: (1) Walker’s stunning criminal history (although I think it likely because of the age of many of the prior convictions, and the maximum score limitation for certain relatively minor crimes, that Walker’s criminal history score was IV); (2) the fact that Walker warned his customers that other customers of his had overdosed; (3) the fact that the use of heroin and other opiates had risen to epidemic levels in West Virginia with the concomitant reality of a mounting death toll; (4) the fact that federal judges are not overworked so plea bargains are not necessary for the sake of judges; (5) that there is an inverse relationship between the increased number of federal prosecutors and each individual prosecutor’s caseload, thus suggesting that federal…

New report highlights persistent racial skew in marijuana arrests in New York City

$
0
0
Earlier this week, as reported in this press release, a new report focused on New York City was released "by the Marijuana Arrest Research Project, commissioned by the Drug Policy Alliance, [which] shows that marijuana possession arrests under Mayor de Blasio continue to be marked by extremely high racial disparities,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/PGGInElKN6c" height="1" width="1" alt=""/>

Still more from AG Sessions on crime and punishment... and some critical commentary thereon

Media advisory: reporters invited to opening ceremony of International Livestock Identification Association annual conference, Monday, Jul 17, 8:15 a.m., Riverside Hotel

$
0
0
What / Where: The International Livestock Identification Association will hold this year's annual conference at the Riverside Hotel, 2900 W. Chinden Blvd., Boise, July 16-20, 2017. This year, it's hosted by the Idaho Brand Board, part of the Idaho State Police - info at https://www.isp.idaho.gov/brands/index.html Why: The annual ILIA conferences are a way for state and federal agencies' brand regulators to collaborate across state and national boundaries to strengthen livestock traceability and communications. This is part of keeping agriculture safe for consumers. More info and conference agenda at http://www.internationallivestockid.com/ Media advisory: Reporters are invited to cover the opening ceremony, Riverside Hotel, 8:15 a.m. on Monday, July 17. Look for ISP PIO Tim Marsano, who will work to get you situated. You'll have the opportunity to get sound from ILIA leaders; Idaho political leaders are also scheduled to attend. Additional…

Urban Institute releases "A Matter of Time: The Causes and Consequences of Rising Time Served in America’s Prisons"

CA8: Protective sweep justified by one’s furtiveness, gun history for def, sounds of others inside

$
0
0
Here, there was plenty of articulable facts that added up to reasonable suspicion for a protective sweep because of one person’s apparent furtiveness, a gun history for the arrestee, and the sounds of others inside. United States v. Alatorre, 2017 … Continue reading →

Columbia University Settles With Paul Nungesser Over Mattress Girl

$
0
0
As it happened, I was on the phone with Paul Nungesser’s lawyer, Andrew Miltenberg, when the Columbia Spectator got the story. This was a critical condition of the settlement, that Columbia University be the party to break the news in its own way, but once done, it was anybody’s game. For Columbia, the public relations piece was more important than any other, negotiating every vowel and comma of the statement to be publicly released. This is what they finally agreed upon: Paul Nungesser and Columbia University have agreed to settle the lawsuit he filed in 2015. While Paul was a student at Columbia, he was accused of sexual misconduct.  In November 2013, after a diligent and thorough investigation, Paul was found not responsible for any misconduct.  Columbia University stands by that finding. In 2015, Paul graduated from Columbia in good standing as a distinguished John Jay Scholar.  John Jay Scholars, like Paul, are recognized for their remarkable…

Does a Public Defender Provide Value in Chicago?

$
0
0
If you were to ask any experienced defendant whether he or she would want to be represented by a public defender, the results might indicate a high level of unwillingness. This reluctance to place trust in a public defender is a consequence of years a negative reputation, which has been reinforced by a system that employs many people who have no business working in criminal justice, let alone any other helping profession. At the same time, we know that many of the people who are charged with a criminal offense do not have the funds to hire an expert attorney to represent them. The national statistics indicate an indigence level of about 80% amongst all arrestees. Since poor people make up a disproportionately large segment of those who are arrested for felonies, the services of the public defender become an important cornerstone of the criminal justice system. Negligent and incompetent public defenders not only let down their immediate clients but also reduce public confidence…

ABAJ: Orlando cops pull over black state attorney, and the video goes viral

$
0
0
ABAJ: Orlando cops pull over black state attorney, and the video goes viral by Debra Cassens Weiss: Body cam video of Orlando police officers pulling over Florida’s only black state attorney has gone viral after some commentators suggested the stop … Continue reading →

Sheldon Silver’s Conviction Reversed By Second Circuit

$
0
0
As Jesse Eisinger portrays Preet Bharara in his upcoming book, “The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives,” he was a show pony who adored the spotlight and went for the low hanging fruit to become a public darling. The biggest notch on Preet’s gun was the former leader of New York’s legislature, Shelly Silver. Silver was convicted on seven counts of corruption and sentenced to 12 years in prison. The Second Circuit reversed and remanded. It’s not that Silver didn’t engage in the conduct as alleged, but that Shelly Silver was the product of a long New York tradition, its roots going back to Boss Tweed, of New York politicians skirting the dirty. As Appellate Squawk explained at the time: What has Silver done to deserve a murder sentence? You won’t find out from the media, dutifully delivering the prosecution’s press releases. “Bribery,” “kickback,”…

Big Changes Recommended for California’s Traffic Court

$
0
0
According to California Supreme Court Chief Justice Tani Cantil-Sakauye, the over four million traffic tickets handed out to the state’s drivers each year should no longer be criminal charges. If other lawmakers agree with her, California drivers would spend less time in court and would no longer face fines of up to $300 and possible license suspensions for failing to show up for a hearing. A panel called the Commission on the Future of California’s Court System has recommended this traffic ticket proposal in an attempt to improve Californian’s interactions with the judicial system. Ms. Cantil-Sakauye wants the Judicial Council to study and report on the proposals by September in the Fall. The traffic proposals are the latest response to the slew of driver suspensions brought on indirectly by the court system’s financial deficits. California courts have been padding their budgets by adding surcharges to traffic tickets — $490 to the standard $100…

Con prisión preventiva

$
0
0
El 17 de abril del  año en curso, bajo el  título "Sin prisión prventiva" en este blog comenté el siguiente enlace:http://www.expreso.com.pe/judicial/duberli-rodriguez-no-se-puede-pedir-prision-preventiva-humala/´ No  confío y difícilmente confiaré en la Justicia peruana, pero debo reconocer que por lo menos en el caso de la pareja que administró el País en el lustro pasado ME HE EQUIVOCADO, no obstante "una golondrina no hace verano" y aun falta resolver la apelación que deben interponer los hoy encarcelados Heredia//Humala. No he leído los fundamentos del Fiscal para solicitar la medida restrictiva de libertad, tampoco los argumentos de la defensa para oponerse a la misma,  dudo muchísimo que algún otro abogado lo haya hecho, la constante presencia  en los medios de  los profesionales es la principal razón de las…

Short Take: Tatyana Hargrove’s Crutches Confused The Cops

$
0
0
The cops were looking for a big, bald, black man with a machete, so naturally they beat Tatyana Hargrove instead. It so easy to understand the confusion. Police said they mistook her for a man who reportedly had threatened people with a machete at a nearby store. The suspect was described as a 25- to 30-year-old bald man standing about 5-foot-10 and weighing about 170 pounds. Hargrove is 5-foot-2 and weighs 115 pounds, the Bakersfield California reported While Hargrove had no machete, she was on crutches. Hargrove, who was wearing a hat, “appeared to be a male and matched the description of the suspect that had brandished the machete and was also within the same complex the suspect had fled to,” the arresting officer, Christopher Moore, wrote in a report obtained by the Californian. He thought she had a weapon in her bag. Obviously, Hargrove was easily confused with the guy the cops were looking for, despite every conceivable aspect of her appearance being…

TX13: Untested hospital drawn blood sample has to be obtained by SW not subpoena

$
0
0
Defendant was in a car wreck and hospitalized. The other person in the wreck died. At the hospital, he was treated and released, but blood was drawn for medical purposes but never analyzed by the hospital. The officer obtained a … Continue reading →

NJ rejects a RS requirement for all vehicle dog sniffs

$
0
0
New Jersey adopts the Fourth Amendment standard of Rodriguez, and reasonable suspicion is not required for a dog sniff of a car unless the stop is prolonged for the sniff beyond the mission of the stop. State v. Dunbar, 2017 … Continue reading →

Looking at the DOJ lawyer working on review of federal marijuana policies

$
0
0
This new US News article, headlined "Federal Pot Policy in Hands of Little-Known DOJ Official: A proposal on what to do about state-legal pot is due in two weeks," provides an interesting little glimpse into the young Justice Department lawyer who may have a big say in the future of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/gfKKlVVyiKE" height="1" width="1" alt=""/>

Ignazio de Ferrari - Los Derechos de la Mujer

$
0
0
Ignazio de Ferrari - Los Derechos de la Mujer http://elcomercio.pe/luces/arte/mejor-peor-mujer-peru-406731 Estaba leyendo la columna de Ignazio de Ferrari sobre la igualdad entre varones y mujeres que equivocadamente denomina “igualdad de género” dice este señor que el Estado debe hacer algo para que por el mismo trabajo mujeres y hombres ganen igual, digamos  dos ingenieros civiles empleados en una empresa constructora, digamos Juan y Pedro, Juan gana más que Pedro ¡¡¿Por qué, si son iguales y realizan el mismo trabajo?!!, ahhhh, en el por qué esta la explicación y estos pueden ser muchos, por ejemplo Juan es más puntual está siempre sugiriendo cambios  o innovaciones mientras que Pedro se limita a cumplir con su trabajo. ¿Por qué entonces una mujer con las condiciones de Pedro debe ganar igual que Juan argumentando su sexo?. Obviamente el asunto es mucho…

NE: Driver’s refusal to get out of car can be offense of refusal to obey lawful order

$
0
0
Because an officer can order a vehicle occupant out of a car under the Fourth Amendment (here because he couldn’t hear the driver because of a nearby ambulance), the occupant can be convicted of failure to obey a lawful order. … Continue reading →
Viewing all 72196 articles
Browse latest View live




Latest Images