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Anti-Science Dogmatism

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From Galileo to the present, dogmatism has been the greatest threat to science.  In this post last month I noted the distortion of criminology by political correctness.  The threat is not limited to the sciences we usually think of as social sciences, though.  Biologist Heather Heying has this op-ed in the WSJ:The revolution on college campuses, which seeks to eradicate individuals and ideas that are considered unsavory, constitutes a hostile takeover by fringe elements on the extreme left. Last spring at the Evergreen State College, where I was a professor for 15 years, the revolution was televised--proudly and intentionally--by the radicals. Opinions not fitting with the currently accepted dogma--that all white people are racist, that questioning policy changes aimed at achieving "equity" is itself an act of white supremacy--would not be tolerated, and those who disagreed were shouted down, hunted, assaulted, even battered. Similar eruptions have…

Unpacking marijuana arrest data in Massachusetts for the year the state voted for recreational reform

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This recent Boston Globe article canvasses some interesting data on marijuana arrests in Massachusetts under the headlined "Marijuana arrests plunge in 2016, but racial disparity remains." Here are some of the details: Police officers in Massachusetts, which in 1911 became the first US state to make cannabis illegal, arrested fewer...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/tepCl5e-JGs" height="1" width="1" alt=""/>

Ferguson on Big Data Policing

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Andrew Guthrie Ferguson's new book, The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement, is now available from NYU Press. From the publisher's website: Andrew Guthrie Ferguson reveals how these new technologies —viewed as race-neutral...

SEC Chairman Testifies About SEC’s Direction and 2016 Cyberattack

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On September 26, 2017, SEC Chairman Jay Clayton testified before the Senate’s Banking, Housing and Urban Affairs Committee regarding the direction of the SEC under his Chairmanship. He also took the opportunity to address the 2016 cyberattack on EDGAR, the agency’s electronic filing system. As in his first public speech as SEC Chair, in July 2017, Chairman Clayton’s testimony reveals his focus on issues related to cybersecurity, capital formation, and enforcement actions addressing traditional forms of fraud and misconduct. His testimony further reveals his position that regulations should be retroactively evaluated and relaxed as necessary, in order to account for the direct and indirect costs of compliance. Below are key highlights of Chairman Clayton’s testimony: Cybersecurity Chairman Clayton first addressed the issue of cybersecurity, noting his—and the SEC’s—increased focused on cyber risk matters. He announced a number of…

News Scan

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Ohio Murderer's Appeal Denied:  The U.S. Supreme Court denied review of Ohio murderer Anthony Sowell's appeal Monday.  Eric Heisig of Cleveland.com reports that Sowell was sentenced to death for raping and murdering eleven women and burying their bodies around his home.  In a 2011 story, Leila Atassi reported that a jury of seven women and five men deliberated seven hours before unanimously voting for a death sentence.  After the sentencing, one juror told reporters that Sowell had winked at her during the hearing.  At trial, defense attorneys claimed that Sowell was a victim of childhood abuse suffering with post-traumatic stress, obsessive-compulsive disorder, cognitive dysfunction, and psychosis, which reduced his responsibility for killing the eleven women and attempting to kill three others who survived.  On appeal, his lawyers argued that his sentence was invalid because jurors did not get to hear about Sowell's offer to plead…

Drugged Driving: An Increasing Factor in Fatal Car Accidents

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For years, drunk driving was a major focus of law enforcement and public safety officials in the effort to prevent potentially fatal car accidents and injuries. While still a common concern on roads in Northern California and throughout the country, attention has broadened as drugged driving becomes an increasing factor in these types of accidents. The use of any drug, including marijuana and prescription or over-the-counter medicines, can impair your driving abilities just as much as having several drinks, but preventing drugged driving presents unique challenges. Challenges in Dealing With Drugged Driving The latest research by the Governor’s Highway Safety Association (GHSA) indicates 47 percent of drivers in fatal car accidents tested positively for drug use, surpassing alcohol use as a leading contributing factor. While these statistics give government officials cause for concern, the nature of drug use makes it more difficult than alcohol to combat. The…

State v. Huey: Repeatedly Insinuating that the Defendant Was a Liar Was Improper but Not Prejudicial

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The North Carolina Supreme Court decided State v. Huey on Friday, reversing the court of appeals’ determination that the State’s closing argument unfairly prejudiced the defendant in his trial for murder. Facts. The defendant was charged with first-degree murder after he shot and killed James Love on a Charlotte street in 2011. The defendant called 911 after the shooting, stating, “I shot a motherfucker.” Immediately after the shooting, the defendant told law enforcement officers that another man shot Love. The defendant later admitted that he shot Love, stating that he took the gun from his truck, put it in his pocket, and asked someone to get Love to come outside to discuss an earlier disagreement. At trial, however, the defendant testified that Love hit him in the head and threatened him with what he believed to be a knife or a box-cutter while the defendant was buying drugs from an unidentified man. The defendant said the third man drew a handgun,…

Why an innocent person would plea bargain

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The Atlantic has a good roundup of US Supreme Court cases related to criminal justice coming up in the term which just began, and Grits was interested to note Class v. United States, in which "the justices will ponder an unusual legal question: If a defendant pleads guilty to a crime, does he or she lose the right to challenge that crime’s constitutionality?"In an era when 97% or so of criminal cases end in plea bargains, this is a significant question.In Texas the issue of whether challenges to a conviction may arise from a guilty plea arose in Ex Parte Tuley, a case decided in 2002 and which your correspondent hadn't considered in many years. The Tuley case challenged a conviction in which the defendant was in fact actually innocent, but pled guilty to avoid a much harsher sentence in the face of false accusations of sexual abuse by a child victim. The final ruling included a wonderful passage written by then Court of Criminal Appeals Judge Tom…

Florida Police Officer Out of Jurisdiction Could Not Make Citizen’s Arrest for DUI

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A recent DUI case near Jacksonville, Florida had a couple of interesting issues.  Essentially, a police officer was in his patrol car but out of his jurisdiction.  He came across a person riding his motorcycle who had just crashed.  She went over to assist and ultimately determined that he had been driving while under the influence of alcohol (DUI).  The police officer kept the suspect at the scene until proper backup from the that jurisdiction could arrive.  Once a police officer in that jurisdiction arrived, he took over the DUI investigation and arrested the defendant for DUI.  By the time the second police officer arrived, the defendant was no longer driving or on his motorcycle. The first issue is that a police officer cannot generally make arrests outside of his jurisdiction.  This first officer was in a different county.  It was nice that he went over to try and assist the defendant, but he was not legally authorized to make an…

The Pride of Columbia Law

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I have often published pieces here going after top-ranked law schools, Manhattan liberals, and the media for their bias, peerless mendacity and phony "compassion."  Some might think I've overdone it.I thus submit the most recent example of just how bad it is.  The former (as of a couple of days ago) vice-president of CBS, and its senior counsel, was hurriedly let go after she published on her Facebook page that she was, "not even sympathetic" to victims of the Las Vegas rampage because "country music fans often are Republican..." This lady's name, as reported in the story, is Hayley Geftman-Gold.  She is a graduate of the University of Pennsylvania (full disclosure:  so was my father) and Columbia Law School, two of the most prestigious schools in the country.  Ms. Geftman-Gold is a wonderfully apt representative of what has gone wrong. I won't even get into the vileness of her…

Hiring the Best Retail Fraud Lawyer

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Most people have never had to go through the experience of hiring a lawyer.  When arrested for retail fraud, sometimes it is difficult to determine the next step to take.  Obviously a lawyer is a top priority, but the question becomes which lawyer to hire.  Finding and choosing a lawyer can seem overwhelming, especially when dealing with the emotions and uncertainty of having to contend with a shoplifting allegation that may have been rightfully or wrongfully brought.  The following list may be helpful: First, consider the location of where the offense is alleged to occur.  In many instances it is a good idea to hire a lawyer who is familiar with the Judges and prosecutors that you will eventually need to contend with.  The proximity of the lawyer’s office to the courthouse is often a good sign that the lawyer frequently appears at the courthouse.  The familiarity the lawyer has with the prosecution and the Judges often provides the…

Woman Accused of Hit-and-Run, DUI Near Boynton Beach

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A 32-year-old woman is accused of crashing her car into another vehicle and then fleeing the scene with two boys in the back seat while driving under the influence, according to the Palm Beach County Sheriff’s Office. Just after 10:30 p.m. Friday, deputies responded to a hit-and-run crash near the intersection of Boynton Beach Boulevard and State Road 7. They apparently spoke to a driver who said his car was rear-ended and that the other driver headed south on State Road 7. Eventually, a deputy found a red Nissan Altima stopped on the side of the road with front-end damage with the 32-year-old woman behind the wheel, according to the report. In the backseat were a 11-year-old and 7-year-old. While speaking with the woman, the deputy allegedly noted a smell of alcohol on her breath and that her words were slurred and her eyes were glassy. The woman apparently submitted to a Breathalyzer tests showing her blood-alcohol level was nearly double the legal intoxication limit of…

Is the SEC Moving Towards a Ban on ICOs?

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A new enforcement initiative  by the Securities and Exchange Commission, part of its proclaimed efforts to address cyber-based threats and protect retail investors, indicates that the agency is including Initial Coin Offerings (ICOs) under its broad blanket of protection. Recent actions by the agency in the case of REcoin give more clues to its position on ICOs: on Friday, the SEC charged two companies and an individual with “defrauding investors in a pair of so-called initial coin offerings (ICOs) purportedly backed by investments in real estate and diamonds.” If there was any question before whether the agency would adopt a regulatory approach or a wholesale ban approach to ICOs, it seems the SEC has resolved that question and has now embraced the latter approach. Last month, it was apparent that the SEC perceived ICOs as a threat, but there was still some question as to whether the agency would monitor ICOs for fraud and compliance, with some regulations to…

Haak on Canada's New Prostitution Laws

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Debra M. Haak (Queen's University (Canada), Faculty of Law, Students) has posted The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada's New Prostitution Laws (University of British Columbia Law Review, Vol 50, No 3, pp 657-696, 2017)...

HELP FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY-ILL DEFENDANT

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Most criminal offenses require the state to prove that the defendant knowingly or intended to commit the crime. But what if the crime is committed by someone who is mentally ill or developmentally disabled? For example, in the recent Illinois case People v Mayo, the defendant was charged with aggravated criminal sexual abuse. The defendant, however, had suffered a brain injury in infancy and presently had the mental capacity of a 3-year-old and an IQ of 48. Therefore, could the defendant truly form the required intent to commit the crime? In such cases, Illinois law provides certain procedures. First, the court must determine whether the defendant is mentally fit to stand trial. In the overwhelming majority of cases, the court will determine that the defendant is fit, and the case moves to trial. If the defendant is not fit, the court holds a discharge hearing. A discharge hearing determines whether a defendant should be acquitted, but not whether a defendant is guilty. …

What To Do If You Get A Traffic Citation In Another State

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It happens, you are on vacation, or visiting family in another state, you might be unfamiliar with the area or you might be lost, and you weren’t paying close attention to the signs.  The police stop you for speeding, or making an illegal turn, and it ruins your vacation. Nobody wants to get a traffic citation.  In this situation many people feel that the best thing to do is to just get it over with, after all, the officer probably told you that you could just pay the fine and never have to appear in court.  And many people do just that.  For a while everything is fine, but one day you open the mailbox and you have a letter from the North Carolina DMV telling you that your license is due to be suspended.   If you are like most people, being without a driver’s license for even 30 days would be a nightmare.  You don’t realize how much you need the ability to drive until you think about how often you drive.  We take our driving…

PINK

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It's come to this. We quit.  Site Feed

You Say Dotard, I Say Moron, Let's Call The Whole Thing Off

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What do you call an ignorant, lying, malignant narcissistic bigot who happened to get elected President of the United States?  North Korean leader Kim Jong-un calls him a "mentally deranged U.S. dotard."  U.S. Secretary of State refers to him as a "moron."  One of the earliest entries is, or course, from Vanity Fair editor Graydon Carter, who got under his thin orange skin with "Short-fingered Vulgarian."Then there are the late night tv hosts.  John Oliver has called him "America's back mole," "Rome burning in man form" and "Donald Drumpf."  Stephen Colbert has gone with "Toupee-Human Hybrid," "Microwave Circus Peanut," "Godzilla with less foreign policy experience," and far worse.  John Stewart's classic still resonates:  "Fuckface von Clownstick."  Trevor Noah has described him…

Execution Methods and Alternatives Before SCOTUS Again

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A month ago, the U.S. Court of Appeals for the Eleventh Circuit revived a suit over Alabama's substitution of midazolam for pentobarbital as the first drug of its three-drug execution method.  USCA11 said that the plaintiffs had adequately pleaded the elements required by Glossip v. Gross, including the availability of an alternative.  They alleged that sodium thiopental is available, taking us full circle to the original three-drug method.  The case is Burton v. Commissioner, No. 17-11536.  Burton's is the "lead" case, but there are a total of twelve, including the case of Jeffery Borden. But an allegation sufficient to state a cause of action and a demonstrated possibility of success on the merits sufficient for a preliminary injunction are two different things.  Thiopental is, in fact, not currently available.  Last Friday, the Eleventh Circuit decided to enjoin the execution of Borden anyway, under the All Writs Act. …

In favor of an independent crime lab for Austin

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Grits contributing writer Jennifer Laurin made the case today in the Austin Statesman that Austin PD should spin off its crime lab as an independent entity like Houston did.That was a central recommendation of the 2009 National Academy of Sciences report and is long overdue. After the fiasco with their DNA lab, you'd think APD would be anxious to take the crime lab off their plate.
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