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VA: RS not required for a jail book-in strip search

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Reasonable suspicion is not required for a jail book-in strip search. Defendant was arrested for a drug offense, and he was freely moving around in book-in, but a search ultimately happened, and a baggie of cocaine was protruding from his … Continue reading →

Lege to study what 'gaps in services' contribute to recidivism of young offenders

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The Texas House Corrections Committee received several "interim charges" recently, including one directing them to study:current Texas criminal justice system policies and practices regarding 17- to 25-year-olds, specific to probation, parole, state jail confinement, and discharge from the Texas Department of Criminal Justice or county jail. Review any gaps in services that may be causing this population to recidivate. Make recommendations to improve the state's response to the needs of this population in order to lower revocation, re-arrest, and reincarceration rates.As the Legislature considers "gaps in services" which may contribute to unmet "needs" of offenders age 17-25 that "may be causing this population to recidivate," it's worth pointing out that we did a segment on this topic in August, and another in the November episode of the Reasonably Suspicious podcast, the latter of which for convenience I've excerpted…

The @Axios Memo

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A confession: Not only do I read the New York Times, but I read Axios. Who? Less than a year after Politico co-founder Jim VandeHei launched the media startup Axios with plans to upend the way news organizations deliver stories and advertising, the company is plotting a major expansion of its newsroom. It’s “bio” on twitter is more Axios-like: “Smart brevity worthy of people’s time, attention and trust.” Short blurbs of news with a sentence, maybe a paragraph, following about why it matters. It’s the Vox ‘splainer model with 1/100th the number of words murdered. So what makes it special? To fund the expansion, Axios has raised $20 million, according to Axios co-founder and President Roy Schwartz. This comes after only ten months. And while it has yet to become a major player, it’s not doing badly at all in an online media industry that’s sucking financial wind. On Thursday, The Wall Street Journal reported that…

Changed Circumstances Could Require a Child Support Modification

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Once you’ve been ordered to pay child support, that obligation generally continues every month until the child turns 18 or graduates from high school. However, sometimes your financial circumstances might suddenly change, making it difficult to support yourself and meet your child support obligations. Maybe you lost your job or were involved in an accident that resulted in extraordinary medical expenses. In these situations you may want to consider requesting a modification to your child support order. How to Request a Child Support Modification North Carolina law provides that a child support order may be modified or vacated by motion at any time. § 50-13.7. However, a judge will only modify the order due to a showing of changed circumstances. Many different situations could be considered a change in circumstances, including any significant change in income or expenses of the party paying child support. The custodial parent could also file a motion requesting a…

Short Take: License To Ruin

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Florida changed its driver’s license? Well, that’s special. Banks, businesses and agencies that require people to present picture identification should be aware that the Florida Department of Highway Safety and Motor Vehicles has changed the look of its state-issued licenses and ID cards. The change occurred in Alachua County last week, and the Alachua County Tax Collector’s Office, which handles the issuance of state-issued licenses and ID cards in the county, wants people to know the different-looking cards are here. “Last week, one of our employees who had the new driver’s license went to a bank to do a transaction, and the teller was suspicious of the new look of the driver’s license,” said John Power, Alachua County tax collector. A new look and a confused bank teller. That can happen, because banks often demand you prove your identity. But do they need to know anything else about you? The new design also has designations for…

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Paper Downloads 1. The Idea of 'The Criminal Justice System' Sara Mayeux Vanderbilt University - Law School Date Posted: 10 Oct 2017 229 2. Corpus Linguistics as a Tool in Legal Interpretation Lawrence...

WaPo: The Volokh Conspiracy Blog: Four thoughts on the briefing in Carpenter v. United States

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WaPo: The Volokh Conspiracy Blog: Four thoughts on the briefing in Carpenter v. United States by Orin Kerr: The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies … Continue reading →

Notable advocacy for Georgia as "national model" for sentencing reform


"How Congress, the U.S. Sentencing Commission and Federal Judges Contribute to Mass Incarceration"

“Fuck Trump” Window Sticker Causes Sheriff to Forget the Constitution

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Karen Fonseca is a 46-year-old resident of Fort Bend County, Texas. She does not like President Donald Trump, and pretty much has the same feelings toward all the people in the county who voted for Trump. She expressed her displeasure with the president and his supporters by installing a sticker on the rear window of her pickup truck that read in large bold letters “Fuck Trump” and in smaller letters below “Fuck You for Voting for Him.” Primer The sticker is not going to garner Ms. Fonseca any creative writing awards, but she scores an A+ for ingenuity in “freedom of expression.”   Diverse Fort Bend County is not a “Trump-friendly” county as evidenced by Hillary Clinton’s nearly 7-point margin of victory in the county over Trump in the November 2016 presidential election.   Ft Bend County Sheriff Needs Primer on US Constitution   But, according to Fort Bend County Sheriff Troy Nehls, a Republican Army veteran…

Still more talk, from notable conservative outlets, about possible benefits of marijuana reform amidst opioid crisis

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Regular readers know that many proponents of marijuana reform have been eager in recent years to talk up the possible benefits of marijuana reform as one useful response to the on-going opioid crisis. Indeed, since I have blogged many stories and commentaries on this front, it is not really big...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-1iujsV7phM" height="1" width="1" alt=""/>

For Illinois Sex Offenders, Six Years Can Turn Into Life In Prison

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11-19-17 Illinois: The Rockford native committed a sex crime, and in order to get out of prison he has to meet the state’s long list of rigid parole requirements for those convicted of predatory criminal sexual assault. He could remain behind bars for the rest of his life if he doesn’t find appropriate housing. For Lindenmeier, that means finding a place to live where, among other things, he is

CORRUPCIÓN

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Sé que existen esfuerzos individuales analizando la corrupción y su historia en el Perú, no los he leído, tampoco lo haré. El ser humano es codicioso y lo es desde que estuvo conciencia del poder, mas en la antigüedad -pensemos desde que se descubrió el fuego-  la ambición de poder y pertenencia se encontraba focalizada, la falta de medios de difusión la confinaban al pequeño espacio habitado por el hombre, es posible que su trasmisión fuera oral y se acrecentara utilizando el engaño para conseguir lo que se deseaba. Muy pronto el hombre se dio cuenta (siempre en su pequeño y aislado mundo) que no podía ejercer el poder sin ayuda de otros hombres que por elemental razonamiento debían estar en condiciones de obedecerlo y ello es probable que se resolviera mediante la fuerza -el más grande y fuerte dominaba- pero  los postergados no se quedarían…

Ninth Demures on Isomer: Kelly and DEA Authority to Temporarily Schedule Controlled Substance Isomers

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 Q: What do you get when the DEA temporarily criminalizes an isomer, without making any findings about its dangerousness or whether it is prone to abuse? A: 70 months.United States v. Kelly, 2017 WL 4875214 (9thCir. Oct. 30, 2017), decision available here.Players:Decision by Judge Tallman, joined by Judges Gould and Watford.   Hard fought appeal by AFPD Erica Choi, District of Nevada Office of the Federal Public Defender.Facts: Kelly sold an undercover officer what was reported to be MDMA – but it was actually “ethylone.” Id. at *3. Ethylone is a “positional isomer” of “butylone.” Id. at *4.  (“An isomer is a molecule with the same chemical formula as another molecule, but its atoms are arranged in a different sequence. For example, butylone and ethylone share the chemical formula C12H15NO3, but they differ in the location of a functional group.”) Id.   At the time, butylone was a “designer…

** Update ** Crash Blocking in Jerome County

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 11/19/17 5:00 p.m. Please direct questions to the District Office *** Update *** Cole A. Hatcher, 23, of Jerome, succumbed to his injuries at Saint Alphonsus Regional Medical Center in Boise on November 16, 2017. 3641/3761 *** End of Update *** *** Update *** On Saturday, November 11, 2017, at approximately 9:29 p.m., Idaho State Police investigated a two-vehicle fatality crash at the intersection of 150 W and 100 N, in Jerome County. Shentasha L. Bybee, 20, of Rexburg, was driving a 2007 BMW 328 northbound on 150 W. Luis V. Ortiz Vega, 48, of Jerome, was driving a 2006 Dodge Caravan eastbound on 100 N. Bybee failed to yield for a stop sign and collided with Ortiz…

"Marijuana: The Congo's New Cash Crop"

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The title of this post is the title of this interesting recent OZY article. Here are excerpts: The Democratic Republic of Congo, Africa’s second-largest nation by area, is known for nefarious trade in copper, coltan, cobalt, tin and other minerals. But now, tens of thousands of Congolese like Koti are...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/7sspH9UTf7A" height="1" width="1" alt=""/>

Man Dubbed “Diaper Bandit” Leads Authorities on Chase with Child in Car

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A Los Angeles man accused of stealing diapers from stores for close to a full year tried to escape police on Wednesday by leading them on a chase that resulted in an accident. A small child was in the car with the driver during the event. 23-year-old Darrion Tyrone Parker, a man Los Angeles County prosecutors have nicknamed the “diaper bandit,” has allegedly been involved in a string of robberies beginning in December 2016 and continuing through Wednesday. He is said to have stolen packages of diapers from various grocery stores and retail outlets in and around Long Beach by using threat of force, according to the DA’s office. When Parker had attempted a robbery on Wednesday an employee of the store chased him into the parking lot and accosted him about his purported sticky fingers. Continue reading →

Restitution in Criminal Cases – What it Is and What it Isn’t

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Restitution is an amount of money paid by someone convicted of a criminal offense. The purpose of restitution is to compensate a crime victim for actual losses incurred as a result of criminal activity. Importantly, restitution is not meant to compensate a crime victim for pain and suffering, hurt feelings, or other non-measurable losses. Only losses that are documented can be reimbursed through restitution. Don’t get taken advantage of in restitution orders. If a crime victim’s losses are covered by insurance, the victim has no right to claim restitution for any amount other than out of pocket expenses like deductibles. An insurance company can make a restitution claim, but this is rarely if ever done. If more than one person is convicted of a criminal offense, a restitution order will be “joint and several” among the participants, meaning each person ordered to pay restitution will get credit for monies paid by others, and vice-versa. This sometimes…

Anniversary of Hoyt v. Florida: Excluding Female Jurors Does Not Violate Equal Protection

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Today marks the 56th anniversary of the profoundly disappointing case of Hoyt v. Florida[1]. Hoyt[2] stood for the premise that a Florida law that created extra hurdles for women to be on juries did not violate the equal protection rights of a female defendant who was convicted by an all-male jury.  While this case set a profoundly disappointing precedent for sex discrimination, Hoyt was eventually expressly overturned 14 years later with the case Taylor v. Louisiana[3]. The Case The case behind Hoyt was interesting to say the least. On September 20th, 1957, Mrs. Gwendolyn Hoyt was indicted on charges of 2nd degree murder. Ms. Hoyt had killed her husband during a marital dispute. Mrs. Hoyt had three children with her Mr. Hoyt, had suffered years of physical abuse, and Mr. Hoyt had separated from her to live with his mistress. During a visit to the family home, Mrs. Hoyt offered to forgive her husband’s infidelity if he would return home for their children. Mr. Hoyt…

News Scan

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Goodbye Charlie:  The world improved slightly yesterday when the twisted, manipulative serial murderer Charles Manson died of natural causes at 83.  Jamie Schram of the New York Post walks us back through Manson's life of crime and endless breaks from the criminal justice system.  In the late 1960s, he formed a cult known as the "Manson Family" made up of small-time criminals and runaway girls which lived on the Spahn Ranch in northwest Los Angeles County.  In 1969, after being turned down for a record contract by music producer Terry Melcher, Manson ordered the murders of people living at Melcher's former residence, including pregnant actress Sharon Tate, coffee heiress Abigail Folger and her boyfriend Wojciech Frykowski, and hair stylist Jay Sebring.  All four were butchered to death and "pig" was written in blood on the front door.  The next night, Manson accompanied cult members to the home of supermarket owner…
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