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NEW IGNITION INTERLOCK DEVICE LAW WILL CHANGE DMV LICENSE SUSPENSION SCHEME.

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Last year saw a new law passed that will require most DUI offenders to install an ignition interlock (IID) device on their vehicle, even first-time DUI offenders. The law is scheduled to go into effect in 2019 and it is anticipated that it will decrease the number of drunk drivers on the road. The authors of the new law claim that the current IID pilot program in four California counties prevented over one million drinking and driving incidents in California from 2010-2015. The DMV found that IIDs are far more effective in preventing repeat DUIs than license suspension. While the law was enacted because it anticipates a decrease of drunk drivers on the road, the new law may make the life of the DUI offender easier in one respect: It will dispense with the mandatory license suspension for DUI offenders. Under current law, even the first-time DUI offender, in almost all cases, will end up with their license suspended by the DMV. While the driver may be eligible for a restricted…

CRIMINAL JUSTICE REFORM IN CALIFORNIA

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A little over 20 years ago, the Violent Crime Control and Law Enforcement Act of 1994 was passed by an act of Congress. The act was precipitated in part by the increased attention to violent crime including street gang violence and mass shootings. The bill was introduced by the federal government as part of the “get tough on crime” climate of that era. It was sweeping legislation that continues to be in force today. Among the many legislative staffers who worked on the bill was GOP staffer Kevin Ring. Twenty years later, Mr. Ring was convicted by the federal government on fraud and conspiracy charges in connection with an illegal lobbying scheme. He was sentenced to 20 months in prison and served his time in a minimum-security prison until his release in 2015. Now the former lobbyist, lawyer, and legislative aide who fought for and believed in tougher criminal laws has had a change of heart. Looking back, Mr. Ring says that too many bills are written by 20-year-olds…

Juvenile offenders get a possible second chance

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There is good news for juveniles convicted of crimes that required a life without the possibility of parole sentences.  New California legislation provides relief for individuals who were convicted of crimes that required a life without parole sentence if they were under the age of 18 at the time the crimes was committed.  For example, previously someone who was convicted of murder for the benefit of a gang would receive a sentence of  life without the possibility of parole even though the individual was as young as 14 years old.  Now under AB1308 individuals in prison will get a chance at parole after 25 years of incarceration.     It may seem that 25 actual years is a long time to wait for the Parole Board to hold a hearing for a crime but in comparison to never getting out of prison for a crime committed when the person was very young, it is a huge improvement.   

Today's criminal law/procedure cert grant

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Issue summary is from ScotusBlog, which also links to papers: Lozman v. City of Riviera Beach, Florida: Whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.

Dissent from denial of cert in case alleging ineffective assistance

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Justice Sotomayor, joined by Justices Ginsburg and Kagan, dissented from the denial of cert in Reeves v. Alabama.

"The Boom and Bust of American Imprisonment"

Who’s Responsible for My Ice Skating Injury?

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Ice skating can be dangerous all on its own, but there can be times when an ice skating rink owner or another person can be at fault for your potential injury. An owner of an ice skating rink has an obligation to keep the ice skating rink safe at all times. This includes general maintenance of equipment and the premises. If equipment and premise standards aren’t met, the ice skating rink owner could be held liable for negligence. That isn’t the case with every incident because of the inherent risks of ice skating. However, there must be steps taken to fix or prevent dangerous conditions that the owner or management knows about. We aren’t talking about making ice less slippery (that’s impossible). An example of this would be having dangerous and reckless skaters removed from the premises or removing debris from the ice. Just simply slipping on the ice would not be enough for an ice skating rink owner to be held liable. An owner can also be held liable for…

The Two Men From Alabama Who Personify The GOP

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First, there's your former judge whose Senate campaign is in jeopardy, not because he is a racist, homophobic, religious bigot who was twice removed from the bench but because he is a pedophile. Then there's your pro-NRA, anti-Hillary blogger whose nomination for a lifetime appointment on the Alabama district court may be called into question not because he has only been a lawyer for three years, never tried a case, and has barely ever been in a courtroom but because he forgot to disclose that his wife is chief of staff for the White House Counsel and has been interviewed pursuant to Mueller's investigation.  Republicans didn't care about Moore's racism, anti-LGBT and anti-Muslim views or his disdain for the Constitution.  But will they take meaningful steps to thwart his candidacy for sexually assaulting young women?  And they didn't care about Brett Talley's utter lack of qualifications for…

News release - Idaho State Police seeks vehicle graffiti victims

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News release - Idaho State Police seeks vehicle graffiti victims Immediate release, Nov. 13, 2017 Contact: Tim Marsano, Public Information Officer, Idaho State Police Tim.Marsano@isp.idaho.gov 208.884.7122 The Idaho State Police is seeking assistance from the public as Troopers work to determine who has been victimized by a specific type of property damage to vehicles. In recent weeks, ISP has received reports of several vehicles in Canyon and Ada Counties being tagged with graffiti, specifically using the words "Sniff" or "Sniffy." A suspect has been arrested and charged with these crimes, but ISP does not yet know the full extent of the damage to other vehicles as Troopers carry out the investigation and build the case. If you have been victimized in this way, please contact ISP District 3 in Meridian at (208) 884-7360. ###

Take the Quiz: What Do You Know About Prosecutorial Misconduct?

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You’ve read the stories of exonerees. You’ve seen the crime shows. Now the question becomes: What do you really know about prosecutorial misconduct? Americans put their trust in prosecutors to seek justice–not convictions–in courtrooms across the country. And as our cases have shown again and again, too often the system doesn’t work and it doesn’t hold prosecutors accountable for their misdeeds. This isn’t a few bad apples, it’s a broken system. You know prosecutorial misconduct is a problem, but do you know why? And do you know how to fix it? Take the quiz and find out, then share it with your friends — for every new quiz submission, a generous donor has offered to donate $1 to the Innocence Project to help free innocent people. Take the quiz   The post Take the Quiz: What Do You Know About Prosecutorial Misconduct? appeared first on Innocence Project.

ROSA BARTRA - FUERZA POPULAR Y SUS CAPRICHOS GOLPISTAS

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Hace unos momentos escuché la entrevista (parte final) que Nicolás Lukar le hizo a la señora Rosa Bartra, quién justificó la solicitud al Ministerio Público para que le remitan el interrogatorio (preguntas y respuestas) que el señor Marcelo Odebrecht (en adelante MO) rindió ante el Fiscal peruano "x" (no me acuerdo el nombre). ¿Cómo la jsutificó? sosteniendo "dada la importancia" del testimionio el Congreso tiene el derecho de fiscalizarla. Muy bien, ¿Que dice la Constitución al respecto?, veamos: 1.       La independencia en el ejercicio de la función jurisdiccional. Ninguna autoridad puede avocarse a causas pendientes ante  el órgano jurisdiccional ni interferir en el ejercicio de sus funciones.  Tampoco puede dejar sin efecto resoluciones que han pasado en autoridad de cosa juzgada, ni cortar…

When It Looks Like a Cellar Door Caused You to Trip and Fall

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Without a doubt, it’s a trip and fall hazard you’ll mostly only find in an urban environment. Walk through the streets of Jersey City or Newark, and you’ll see plenty of cellar doors. When they’re open, they resemble gaping holes in the sidewalk. Additionally, some city walkways are also marred by metal grates. A few months ago, the local news ran an article concerning a woman who tumbled over a sidewalk hatch. In fact, the publication even provided a video of the actual accident. As the media reported, there were concerns that the victim was not paying attention to the walkway. A follow-up story shared that the woman was legally blind. As you can see, it does not appear that there was any precautionary measure to prevent this particular mishap. There were no guards around the gaping hole. When the woman tripped and fell down the cellar stairs, she suffered severe injuries. Fortunately, this incident did not have fatal consequences. A couple of years…

Tall tales, zombie predictions, Harvey deals, and other stories

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Here are a few odds and ends that merit Grits readers' attention:Press coverage dismissive of police reform effortsStatesman coverage of the Austin police union contract portrayed opposition by "several Austin criminal justice activists," by which they mean 10 or so community organizations and hundreds of endorsing signators, not to mention a unanimous vote to reject the contract by Travis County Democratic Party precinct chairs. But sure, "several" people oppose it. smh'Harvey deals'When a little time has passed, Grits will be interested in seeing data on the actual extent of "Harvey deals," or plea bargains entered into by the Harris County DA to move along overburdened dockets while the courts are displaced from Hurricane Harvey. My gut tells me the effect has been overstated. Most of the misdemeanor cases described would be handled pretty quickly, anyway.Tall tales from the annals of junk scienceJunk science comes in all forms…

Circumstantial Evidence was Sufficient to Uphold First-Degree Murder Conviction of Florida Man

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Criminal cases require prosecutors to present evidence in order to obtain a conviction. Evidence generally comes in two varieties:  direct and circumstantial. Examples of direct evidence include eyewitnesses to a crime or a ballistics report stating that the defendant’s gun fired the bullet that killed the victim. Circumstantial evidence, by contrast, consists of a fact or set of facts that, if proven, will support the creation of an inference that the matter asserted is true. Florida homicide cases can be proven by using direct or circumstantial evidence. A November 2017 decision analyzed whether there was enough circumstantial evidence to affirm a first-degree murder conviction. Generally, Florida courts of appeals review convictions from the viewpoint most favorable to the prosecution, such that a jury could find a conviction beyond a reasonable doubt. If, however, a murder conviction is predicated on circumstantial evidence, and there isn’t a…

News Scan

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Ohio Murderer Facing Execution:  A double-murderer in Ohio will be given a special pillow to help him breathe during his execution, which is scheduled for Wednesday.  Andrew Welsh-Huggins of the Associated Press reports that Alva Campbell's decades-long, two-pack-a-day smoking habit resulted in his chronic obstructive pulmonary disorder, making it difficult for him to breathe while lying on his back.  Campbell, an habitual felon, was paroled in 1992 after serving 20 years for killing a man in Cleveland.  In 1997, while facing trial for several armed robberies, he faked paralysis and was transported to court in a wheelchair.  Before reaching the courtroom, Campbell overpowered a sheriff's deputy, took his gun, and carjacked an 18-year-old, whom he later murdered with two gunshots to the head.  Last week, Governor Kasich rejected Campbell's request to commute his death sentence.

A NEW ADMINISTRATIVE JUDGE FOR CRIMINAL

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With the departure of Judge De La O, the hot topic over coffee and pastelitos at the El-Chapo Cafe  was who would be the new administrative judge? Now we can answer the question. But first, an update on new judge assignments:Judge John Schlesinger will be taking over for Judge Hanzman- division 19.  Chambers will be room 415, Courtroom will be 4-5.(Fun fact: You can rearrange the letters in both judges names to create the word "henchmen" or "chasms" to name a few words). Judge Eric Hendon will be taking over for Judge  Richard Hersch-division 4.  Chambers will be room 413,  Courtroom will be 4-7.("drench cord")Judge Lisa Walsh will be taking over for administrative Judge De la O- division 15.  Chambers will be in room 228, Courtroom will be 2-10. (whales, hallowed and hashed). Judge Jorge Cueto will be taking over for Judge Pooler- division 13.  Chambers will be in cuarto  212, Courtroom…

Rebecca Solnit On Fighting Foundational Misogyny One Story At A Time

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Let This Flood of Women’s Stories Never CeaseGuest Post by Rebecca SolnitThere’s a problem with the way feminism moves forward in reaction to breaking news stories. It brings focus to a single predator, a single incident, and people who haven’t faced the pervasiveness of misogyny can build stories around it about why this was the exception, not the rule. That Harvey Weinstein was typical of liberals or Hollywood, or Roy Moore and Bill O’Reilly were typical of conservatives, that this mass killer with a domestic violence background was typical of veterans or loners or was mentally ill, that case after case is a glitch in the pattern of society, not the pattern itself. But these are the norms, not the aberrations. This is a society still permeated and shaped and limited by misogyny, among other afflictions.Obviously—as we keep having to reassure them, because when we’re talking about our survival we’re supposed to still worry about…

Garrett on Punishing Business Crimes

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Brandon L. Garrett (University of Virginia School of Law) has posted The Boom and Bust of American Imprisonment (Texas Law Review, 2017) on SSRN. Here is the abstract: We are teetering at the edge of a mass incarceration binge. Lawmakers...

Run the 2018 United Airlines NYC Half Marathon with Team Innocence Project!

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  On Sunday, March 18, 2018, runners from around the city and the globe will engage in a 13.1 mile tour of NYC. Join Team Innocence Project and run to raise awareness about wrongful convictions while fundraising to help free the innocent. Be one of the first to run New York Road Runner’s newly chartered course. Since the event began in 2006, the course headed from Central Park to Lower Manhattan. However, the 2018 race will start in Brooklyn and end in Manhattan. Each team member who commits to raising the required minimum of $1,500 by race day receives: Guaranteed entry into the United Airlines NYC Half Marathon An Innocence Project jersey A personal fundraising page on Crowdrise Fundraising tips and support from Innocence Project staff Opportunities to run and train with your team members To apply to join Team Innocence Project, please complete this form before the February 22nd deadline.  Please note…

Techdirt: Latest DOJ WTFness: Encryption Is Like A Locked House That Won’t Let Its Owners Back Inside

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Techdirt: Latest DOJ WTFness: Encryption Is Like A Locked House That Won’t Let Its Owners Back Inside by Tim Cushing: Deputy Attorney General Rod Rosenstein continues his push for law enforcement-friendly broken encryption. The ultimate goal is the same but … Continue reading →
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