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Williams et al. on False Statements by Children

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Shanna Williams, Elizabeth C. Ahern and Thomas D. Lyon (University of Southern California, University of Cambridge and University of Southern California - Gould School of Law) have posted The Relation between Young Children's False Statements and Response Latency, Executive Functioning,...

Drug Trafficking at the State and Federal Level

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Drug trafficking (i.e. distributing or selling a controlled substance) is illegal under both state and federal law and while the legal ramifications of federal drug convictions tend to be considered much steeper than state level drug convictions, it is important to note that this is not always the case. If you or a loved one has been accused of illegally trafficking drugs at either the state or federal level, it is important to understand that this is a serious accusation for which your or your loved one may face significant jail time.  Federal Law Per 21 U.S. Code § 841, it is illegal under federal law, in most circumstances, to manufacture, dispense, or distribute a qualifying controlled substance, or possess such a substance with the intent to distribute, manufacture, or dispense it. Also, take note that the legal ramifications of drug trafficking under federal law vary significantly depending on which schedule the trafficked substance is classified…

"Furman and Finitude"

Thankful for all the marijuana news via Marijuana Moment

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In this post last month, I noted that Tom Angell, who had been providing a great marijuana newsletter titled Marijuana Moment since the start of this year, transformed his work from a daily e-mail into a "full-scale cannabis news portal." That news portal, called Marijuana Moment and available here, is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Y9RonTOF0Ao" height="1" width="1" alt=""/>

Anger dissipation on the road to victory – Fairfax criminal lawyer’s approach

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Anger dissipation is critical on the road to victory in the courtroom and in life. As a Fairfax criminal lawer, I know how much easier that anger dissipation is said than done, but also know the benefits of applying the practice and principals of taijiquan/ t’ai chi ch’uan — including relaxing and sinking — with every potential anger-inducing event. Anger dissipation lesson one- All humans are at risk of getting angry Anger dissipation on the road to victory – Fairfax criminal lawyer’s approach No matter how many years of wisdom and experience we obtain, someone remains around the corner ready to test our ability to remain powerfully non-angry. One of my recent tests was a courthouse criminal clerk staffmember who did not seem to care about criminal defendants nor about fulfilling his job duties other than doing the bare minimum to keep his job, rather than being flippant and ever-interrupting of legitimate questions, and then answering…

Examining some recent notable marijuana caselaw concerning use rights and restrictions

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After the long weekend, my Marijuana Law, Policy & Reform seminar turns to its homestretch and the last ground of students are delivering presentations on a marijuana-related topic of their choosing. One student for the next class will be looking at three recently decided cases involving marijuana law. As he...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/jg3d2a7BBj4" height="1" width="1" alt=""/>

South African court more than doubles prison sentence of Oscar Pistorius

"What Rape Reform Needs: More Convictions, Less Punishment"


CA3: Entry onto ptfs’ rural land to serve a small claims complaint was over open fields

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Defendant is a deputy sheriff who had a summons and complaint for a small claims case. He came by plaintiffs’ rural property three prior times to serve it. They lived on 75 acres and the house and a law office … Continue reading →

CA8: Def failed to show omission of CI’s background would have vitiated PC

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“Claybron argues that the omission of the confidential informant’s background information weighed so heavily on her credibility that, had it been considered, the warrant would not have issued. ‘We review the trial court’s findings of fact for clear error and … Continue reading →

PA: The automobile exception does not apply in one’s own driveway

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“We granted the petition for allowance of appeal filed by Daniel F. Loughnane to determine whether the Superior Court erred by holding that the federal automobile exception, adopted by this Court in Commonwealth v. Gary, 625 Pa. 183, 91 A.3d … Continue reading →

ALFREDO BULLARD, las AFP y Banco de Pensionistas

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Alfredo Bullard en su columna de hoy, sábado 25 de noviembre de 2017 opina sobre el proyecto de la “Comisión de protección Social”, antes, El Decano de la prensa nacional en su Editorial del 20 de noviembre hace lo mismo, compartiré con ustedes el texto íntegro de ambas opiniones a las que previamente agregaré la mía. Esta es: BANCO DE PENSIONISTAS Por ser un ex - aportante del sistema privado de pensiones, haber retirado el 95.5%  de mi fondo, presumo de conocer un poco la estafa de las AFP a los trabajadores, dejando en este blog evidencia incontestable de lo que afirmo. Mi propuesta ha sido conformar un Banco de Pensionistas, desaparecer  ambos sistemas (público y privado) trasladando el ahorro de los trabajadores a esta nueva entidad financiera cuyo directorio debería estar integrado por trabajadores en actividad, pensionistas, el Estado y un representante de la actividad privada. …

WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed 

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WaPo: Man investigated after Best Buy technicians tipped off FBI has child pornography case dismissed by Tom Jackman:  The child pornography case against a California doctor whose computer was searched after he submitted it to Best Buy’s Geek Squad for … Continue reading →

LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure”

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LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure” by Orin Kerr: I sometimes hear an argument in Fourth Amendment circles that the Fourth Amendment guarantees a “right to be secure.” The argument comes in different forms … Continue reading →

Rape And Wrong: The Cop Problem

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Ken Armstrong and T. Christian Miller* start their op-ed with the dreaded formulaic anecdote designed to make you feel the pain. The story is of a rape victim who was not believed, and subsequently prosecuted for falsely reporting. And it turned out she was telling the truth. And she wasn’t the only one. What happened to Marie seemed unthinkable. She was victimized twice — first raped, then prosecuted. But cases like hers can be found around the country. In 1997, a legally blind woman reported being raped at knife point in Madison, Wis. That same year, a pregnant 16-year-old reported being raped in New York City. In 2004, a 19-year-old reported being sexually assaulted at gunpoint in Cranberry Township, Pa. In all three instances, the women were charged with lying. In all three instances, their reports turned out to be true. The men who raped them were later identified and convicted. There are two ways to see this problem. One is that the police…

PRACDL 2017 Annual Assembly, Elections and Picadera

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PRACDL will host its annual assembly, elections and dinner on Thursday, December 14, 2011, from 6:00 to 10:00 p.m. Please come to Castellanos Rest. on Domenech, near corner of Muñoz Rivera Avenue to enjoy the gathering and to vote. This year you will be voting for three (3) Directors positions, in addition to the President. Remember to mail your dues of $90.00 to: PRACDL, PO BOX 191559 SAN JUAN, PR 00919-1559. You may also pay your dues at the entrance of the Annual Assembly. Only persons whose dues have been paid will be allowed to vote. As usual, the food will be provided by PRACDL. Look forward to seeing you there!

Greenhouse’s Unsubtle Suggestion

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There is nothing surprising about Ian Milhiser’s fears. After all, he’s a staunch, if hyperbolic, progressive advocate dedicated to the cause, and so one would expect him to cry the sky is falling at every turn. The memo, co-authored by law professor and Federalist Society founder Steven G. Calabresi, proposes a monumental expansion of the federal judiciary. It also is not subtle about its motivations. As the memo states in its introduction, a major purpose of this court-packing scheme is “undoing the judicial legacy of President Barack Obama.” Shockingly, conservatives aren’t as thrilled by Obama’s judicial selections as they are of their own. So Calabresi has come up with a scheme to expand the number of judges, which will enable Trump to appoint them. Trump’s White House counsel looks to the Federalist Society for nominees, so it’s a really good idea for the FedSoc if this were to happen. It won’t, but a guy can dream,…

ALEXANDER HUERTA y LA CAPACIDAD DE PENSAR

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https://elcomercio.pe/opinion/columnistas/burbujainternet-alexander-huerta-mercado-noticia-476562 “Internet y el pequeño universo ilusorio que genera en sí es, pues, un campo lleno de peligros y oportunidades. Es un área de aparente libertad de expresión y denuncia. Sin embargo, es también el área en donde corremos constantemente el peligro de dejar de pensar por nosotros mismos y llevarnos por la emoción. Se trata del espacio en el que la ilusión del libre pensamiento contrasta con el peligro del miedo a opinar distinto, a expresar nuestro modo de sentir con temor al rechazo masivo o a seguir cómodamente la ideología de “los buenos” sin cuestionarla”. Comparto con ustedes uno de los últimos párrafos del columnista y apoyándome en él, sin olvidar lo que antes y después escribe, pregunto: ¿Puede el varón discrepar del movimiento…

One Bail At A Time?

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While bail, in general, is a fiasco in application, New York, in particular, has a pretty good bail law. Not only does the law provide a veritable cornucopia of options to make bail, but it limits the imposition of bail to risk of flight. New York has no community safety component, even though our progressive former chief judge would like to add that to the law, to make bail more available.* But that’s the law. That’s the theory. This is the practice. Spend even a little time in Kings County Criminal Court, and a pattern to the proceedings quickly emerges. A person recently arrested in Brooklyn is brought before a judge to be arraigned. An assistant district attorney asks the judge to set bail. The judge, without asking whether the defendant can afford the payment, offers him two unworkable choices: Post the full amount of bail now or pay a visit to the bail bondsman, an expensive proposition. Most are forced to default to a third option: Unable to put up the cash,…

When Uber & Lyft Drivers Get Arrested in Connecticut

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There are thousands of Uber & Lyft of drivers in Connecticut, many who drive full-time or as a way of supplementing their income. But what happens when an Uber or Lyft driver is arrested in Connecticut? Do they automatically lose their Uber / Lyft license to drive? Not necessarily… Uber Gives Its Drivers with Arrest Records a Second Chance Earlier this year, I wrote about Uber Connecticut’s new policy of permitting Connecticut drivers with certain Connecticut misdemeanor conviction records to continue driving and working to support themselves and their families. Remember, there’s a big difference between an arrest (where you’re only accused by police of a crime) and a conviction (where you have pled guilty to a crime in court and have admitted guilt). Uber’s policy is that you can drive Uber if you have certain minor misdemeanor convictions like bouncing a check, vandalism, petty shoplifting and larceny, or breach of peace. If you’re a…
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