US Sentencing Commission finalizes policy priorities and publishes notable holdover amendments
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Why Do This Job?: Reflections on my 1,000th CLE Talk
Greetings from the Cordele, Georgia, Cracker Barrel. I am out and about and doing some client interviews today. Yesterday, I spoke to a group of law students about criminal defense. As is often the case, I was the only private practitioner on the panel. I am what is known in the biz as a “paid lawyer.” A big part of the talk was the topic of how we came to be in our current job. And that topic boils down to “why do you do what you do?” The talk took a familiar turn. The best public defenders I know are quite passionate about helping the forgotten and the oppressed. A comment was even made at one point that money should not motivate a person to enter criminal practice. In my many years of speaking on panels, I’ve generally fallen victim to groupthink. And I’ve tried (probably unconvincingly) to say essentially “me, too.” I am not being critical of the idea of passion for the oppressed as a motive for practicing law. Certainly, I…
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Gilad on Childhood Exposure to Crime and Violence
Michal Gilad (University of Pennsylvania Law School) has posted The Triple-C Impact: Responding to Childhood Exposure to Crime and Violence on SSRN. Here is the abstract: The article is the first to take an inclusive look at the monumental problem...
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End-of-summer reading list additions
Grits saw several academic offerings recently to which I hope to return soon as I close out my summer reading, so let's record those links here; maybe others will be interested in them as well:Amicus brief from scholars, Carpenter v. US (pending SCOTUS case re: warrant requirement for cell-phone location data)Misdemeanors, Alexandra NatapoffLegal Remedies for Police Misconduct, Rachel HarmonThe Reid Interrogation Technique and False Confessions: A Time for Change, Wyatt KozinskiLet me know in the comments what you're reading on #cjreform topics.
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Fatality crash US95 MP441 near Chilco
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 1 Patrol 615 West Wilbur Ave. Coeur d'Alene, ID 83815 (208) 209-8620 Fax (208) 209-8619 For Immediate Release: 08/17/2017 11:30 AM Please direct questions to the District Office On August 17, 2017 at approximately 5:47 AM a fatal crash occurred on US 95 at milepost 441, near the Chilco Road exit. A White 2015 International Semi-tractor driven by Ryan B. Crabtree, 35, of Athol, Idaho was traveling Southbound in the right driving lane just south of the Chilco exit when he observed a Silver 2000 Toyota Tacoma Pickup begin to pull onto US95 from the shoulder. Crabtree moved into the left passing lane to allow the Toyota driven , Gary C. Knoblich, 58, of Athol, Idaho to enter into the driving lane. Knoblich continued across both Southbound lanes and onto an emergency…
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SAVING YOUR DRIVER’S LICENSE: THE ILLINOIS PETITION TO RESCIND
When you are arrested for DUI, the Secretary of State automatically suspends your driver’s license for a certain time period. However, you may still try to challenge the suspension so you may drive. If you challenge the suspension, your attorney would file a petition to rescind the summary statutory suspension. It is important to understand that the petition to rescind is a civil proceeding. That means even if you win, the criminal DUI case will still move forward, but at least you’ll be able to drive without the expense and embarrassment of blowing into a Breath Activated Ignition Interlock Device to start your car. In a petition to rescind, the burden of proof is on you to show by a preponderance of the evidence that your suspension should be overturned. One basis for the petition is that the officer did not have reasonable grounds to believe you were driving while impaired. Or perhaps the officer did not give you adequate warnings before you took the…
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What are the Criminal Penalties for Driving Uninsured in Massachusetts?
In MA, drivers are required to carry liability insurance. The minimum requirements are $20,000 per person for bodily injury, $40,000 per accident for bodily injury, $8,000 for personal injury protection, and $5,000 to cover property damages and a portion of uninsured/underinsured motorist protection. Driving without insurance, or with a policy that doesn’t meet these minimum requirements, is a civil motor vehicle infraction (CMVI) in MA. Is Driving Without Insurance a Crime? It depends. If this is your first offense, chances are you won’t see jail time. However, if this is a second or subsequent offense, or someone was injured, it might be a different story entirely. Even if you are not criminally charged, a first offense does carry fines and a license suspension. In addition to a $500 fine, you are likely to lose your license for 60 days and pay an additional $500 to get it reinstated. At first glance, jail time and hefty fines may seem a harsh punishment for…
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News Scan
Court Rejects Iowa Murderer's Appeal: An Iowa appeals court has denied a life-sentenced murderer's claim that his re sentencing to comply with the Supreme Court's 2012 ruling in Miller v. Alabama remains unconstitutionally harsh. Mark Mahoney of NWest Iowa reports that John Mulder had been sentenced to LWOP for the 1976 murder of a 55-year-old woman in her bed. Mulder, who was 14 at the time, used a stolen rifle to shoot Jean Homan as she was sleeping next to her husband. Following the high court's ruling in Miller, a new sentencing hearing was held to provide individualized consideration of his age when determining his sentence. After the judge re-sentenced Mulder to life in prison with parole eligibility after 42 years, Mulder appealed arguing that the sentence still violated the state's prohibition against cruel and unusual punishment. The Iowa Court of Appeals rejected this claim.
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The Rape Shield Statute: Its Limitations and Recent Application
North Carolina adopted a rule in 1979 to limit the introduction of evidence about the sexual behavior of an alleged victim in criminal trials for rape and other sexual offenses. Before that so-called rape shield rule was enacted, evidence of prosecuting witness’s general reputation for unchastity could be introduced in a rape trial to attack the witness’s credibility and to show the likelihood of his or her consent. See, e.g., State v. Banks, 295 N.C. 399 (1978), overruled on other grounds, State v. Collins, 334 N.C. 54 (1993). A 1977 report on sexual assaults by the Legislative Research Commission recommended adoption of the rape shield rule “to improve the conduct of sexual assault prosecutions” in the state. Detailed Comments on Draft Law, Legislative Research Commission, Report to the 1977 General Assembly of North Carolina: Sexual Assaults 86 (1977). The commission explained that such prosecutions were “too often conducted in a way that…
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Teilung der Erbschaft: Zuteilung von Losen
In seinem Urteil vom 22. Juni 2017 (5A_396/2015) behandelt das Bundesgericht Fragen zur Zuweisung von Losen im Zusammenhang mit einer Erbteilung. Sind die Voraussetzungen für die Bildung von solchen Losen erfüllt und können sich die Erben auf die Zuweisung der Lose untereinander nicht einigen, bleibt der Richter an die im Gesetz vorgesehenen Vorkehren gebunden. Insbesondere darf das Gericht die Lose nicht nach eigenem Ermessen den einzelnen Erben zuweisen.Die Erben können grundsätzlich eine Erbschaft so teilen, wie sie wollen. Bei Uneinigkeit haben alle Erben bei der Teilung einen gleichwertigen Anspruch auf die einzelnen Gegenstände der Erbschaft, ausser es besteht eine letztwillige Verfügung des Erblassers mit Teilungsvorschriften oder es greift eine gesetzliche Sondervorschrift. Auf Antrag eines Erben bildet das Gericht gleichwertige Lose, welche durch Vereinbarung der Erben untereinander aufgeteilt werden. Falls keine Einigung zwischen den…
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Alfredo Ferrero y los Centros Comerciales en las zonas de fronteras
http://peru21.pe/opinion/alfredo-ferrero-regimen-fronteras-mas-que-mall-2293952 Alfredo Ferrero: Régimen fronteras, más que un mall El tema como ya deben haber colegido, es le tema de un gran Centro Comercial en Tacna. Lejos estoy de ser un patriotero, pero en este caso es por demás anecdótica la recomendación del señor Ferrero, "cambiemos la Constitución" y asunto arreglado. El simpático señor Alfredo Ferrero nos dice que lo chilenos en Arica van a construir su Centro Comercial, imagino con capitales peruanos porqué sino su comparación vale el beso de una serpiente. Quien la he dicho al señor Ferrero que está prohibido construir Centros Comerciales en las ciudades fronterizas, NO ESTÁ P`PROHIBIDO para los nacionales, ahhhh, pero si no invierte los peruanos que lo hagan los chilenos, total "plata es plata" y NO precisamente para…
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King on Criminal Appeals
Nancy J. King (Vanderbilt University - Law School) has posted Criminal Appeals (Academy for Justice, A Report on Scholarship and Criminal Justice Reform (Erik Luna ed., Forthcoming)) on SSRN. Here is the abstract: This chapter is part of a comprehensive...
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Denial of Suppression Reversed Because of De Facto Arrest
In United States v. Wrensford, __ F.3d __, 2017 WL 3222511, No. 16-1373, No. 16-1395 (3rd Cir. July 31, 2017), the Third Circuit addressed the appeals of two co-defendants who were convicted of first degree murder and charges related to the illegal use and possession of a firearm. In reversing and remanding the case as to one defendant and affirming as to the other, the Circuit provided guidance on the parameters of the Fourth Amendment and de facto arrests. It also reaffirmed prior rulings regarding the standards for reviewing (1) motions for a mistrial based on non-unanimous jury verdicts; (2) refusal to give a voluntary manslaughter instruction; and (3) arguments that the evidence submitted at trial was insufficient to support a conviction. In the most salient part of this opinion, the Third Circuit held that the police conducted a de facto arrest when they forcibly removed Wrensford from the place where he was stopped, brought him to a police station, and placed…
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Mailing Threatening Communications is a Crime of Violence and a Judicial Proposal for Reform of the Categorical Approach
In United States v. Chapman, __F.3d__, No. 16-1810, 2017 WL 3319287 (3d Cir. Aug. 4, 2017), the Third Circuit held that mailing a letter containing any threat to injure the recipient or another person in violation of 18 U.S.C. § 876(c) qualifies as a crime of violence for the purposes of the career offender enhancements of the Sentencing Guidelines Manual § 4B1.1(a). The Court acknowledged in a footnote that the analysis is the same for a violation of 18 U.S.C. § 871, threats against the president.The Court began its analysis by reviewing the definition of “crime of violence” and specifically the meaning of the words “use” and “physical force.” Quoting United States v. Castleman, 134 S. Ct. 1405 (2014), and Tran v. Gonzales, 414 F.3d 464 (3d Cir. 2005), it defined “use” as “the intentional employment of force, generally to obtain some end,” which conveys the notion that the thing used…
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Federal Court upholds RICO and wire fraud conviction for New Jersey political party official
In United States v. Ferriero, __F.3d.__, 2017 WL 3319283, 15-4064 (3rd Cir. Aug. 4, 2017), the Third Circuit upheld a RICO violation when a political party official arranged to receive a percentage of fees paid to a vender that he recommended to local offices during the course of his official duties. The Court held that there is no requirement to prove an agreement to “undermine the integrity of a public action” when the RICO charges stem from the current version of New Jersey’s bribery statute. The Court also found that a communication can be fraudulent and violate federal wire fraud law when it contains half-truths and omits critical information. Furthermore, it found that the New Jersey bribery statute is neither overbroad nor unduly vague, and the Supreme Court’s decision in McDonnell v. United States, 136 S. Ct. 2355 (2015), did not impact the present conviction because that case dealt with “officials acts” and not…
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Bedi on Fourth Amendment Disclosure Doctrines
Monu Singh Bedi (DePaul University College of Law) has posted The Fourth Amendment Disclosure Doctrines (William and Mary Bill of Rights Journal: Symposium on Big Data and the Fourth Amendment, Forthcoming) on SSRN. Here is the abstract: The third party...
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Can You Be Arrested for Having Drugs in Your System?
Most people are aware that they cannot legally possess controlled substances. Furthermore, they know that it is illegal to operate a vehicle while under the influence of illegal drugs. Fewer people know that they can be arrested for being high in public. Lots of people come to Las Vegas to enjoy a good time. Most of the time, that fun includes drinking alcohol. For some, recreational use of illegal drugs is just another part of that good time. One of the most popular of these is MDMA, which also is known as ecstasy. MDMA is a well-known empathogenic drug. People who use it experience feelings of euphoria while also feeling an enhanced sense of intimacy with other people around them. MDMA frequently is found in Las Vegas’ nightclubs and bars. Additionally, its presence is fairly common at the city’s many festivals and concerts. Everyone already knows that they will likely be charged with a crime if they are caught with ecstasy in their possession. However, Nevada law…
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News Scan
DC Sniper's Sentence Upheld: Lee Boyd Malvo, serving six consecutive life without parole sentences for his participation in the 2003 sniper murders of 10 people, lost one of his bids for a reduced sentence Wednesday. Alanna Durkin Richer of the Associated Press reports that a Maryland judge rejected Malvo's claim that he was entitled to be re sentenced because of the Supreme Courts 2012 holding in Miller v. Alabama, which announced that state laws which impose a mandatory LWOP sentence for murderers under 18 are unconstitutional. In upholding Malvo's sentence, the Maryland judge noted that in his state a life sentence for juveniles who commit capitol murder is not mandatory and that the sentence was handed down after full consideration of Malov's age, mental and emotional condition. Last May In Virginia, a federal judge overturned the four LWOP terms he received in that state, citing the Miller decision. The Virginia Attorney…
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Civil Commitment of Juvenile Sexual Predators
Yesterday the Washington Supreme Court decided In the Matter of the Detention of Troy Belcher, No. 93900-4:In 2011, at the age of 26, Troy Belcher was civilly committed as a sexually violent predator. In 2015, the superior court ordered that he continue to be indefinitely committed. It based its decision on two sexually violent crimes he perpetrated as a juvenile, a diagnosis of antisocial personality disorder with high levels of psychopathy, and a finding that he was more likely than not to recommit if released. In order to civilly commit a sexually violent predator, the finder of fact must determine that (1) the person has been convicted or charged with a sexually violent crime, (2) he or she suffers from a mental abnormality, and (3) that abnormality makes the person likely to engage in sexually predatory acts if released. RCW 71.09.020(18). We have held that juvenile offenses may be predicate offenses when an adult has committed a more recent sexually overt act.…
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Friday Open Thread
It's a jail day for me, which means an open thread day for you. All topics welcome, but please be civil. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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