Quantcast
Channel: Recent Criminal Law posts - Justia BlawgSearch.com
Viewing all 71805 articles
Browse latest View live

SANDRO VENTURO y NI UNA MENOS.

0
0
SANDRO VENTURO y NI UNA MENOS. https://peru21.pe/opinion/sumas-y-restas-sandro-venturo/ninguno-385734 “Lo cierto es que el criminal no es una bestia sino un ciudadano con DNI en una sociedad donde los derechos humanos están vigentes. No existe ninguna justificación para “comprender” el motivo de su delito. ¿O nos están diciendo que si me encuentro a una mujer desconocida dormida en la sala de mi casa –una amiga de mi hija, una pariente de mi esposa, una colega de mi hermana–, tengo permiso para abusar de ella porque ella se expuso, porque yo a veces no me puedo controlar pues!” QUE PIENSO No sé si existirá tecnología que pueda dirigir el pensamiento, asumamos que tal cosa no existe, por tanto, pensar y plasmar lo que se piensa en un papel es un acto de voluntad consciente que pretende intervenir en un debate o la discusión de un tema en particular. No estar a favor o…

DLD Violation Hearings – Consequences and How to Defend Them

0
0
By Bo Kalabus bo@kalabuslaw.com Office: 972-562-7549 Collin County 24 Hour Jail Release 214-402-4364 www.rosenthalwadas.com   An Ignition Interlock or Deep Lung Device (DLD) is a portable machine that is installed on the vehicle to prevent the car from starting if it detects alcohol in the driver’s system. Depending on certain circumstances, such as a high BAC, accident, or multiple DWIs, a person may be required to have a DLD installed on their vehicle as a condition of bond for a DWI arrest. If a person is not driving, a judge may order that the person have a home alcohol-monitoring device they have to blow into at certain times of the day. The providers of the devices send reports to the courts once a month to determine if a person is having alcohol violations.   If you are ordered to have one of these devices while you are on bond for a DWI charge, you certainly have to watch your step. A person is on bond until the DWI case is resolved by…

PBT vs Intoxilyzer - Which one do I have to do?

0
0
A common misconception made by individuals pulled over for DUI is that all breathalyzers are equal. If you are stopped for suspicion of DUI, it is important that you know the difference between a Portable Breath Test (PBT) and an Intoxilizer. Here are some important distinctions to make: •1) Portable Breath Test (PBT) - This is a breath test commonly used in the field by law enforcement in an attempt to determine if a person's blood alcohol content is above the legal limit. It is generally used as part of the Field Sobriety Tests. This test is not reliable nor will it generate an accurate reading. Because of the unreliable nature of the test, the PBT is not admissible to be used against you, as evidence, in a court of law. In other words, the results of a PBT are used by law enforcement to determine whether or not they will place you under arrest for DUI, but the results do not have evidentiary value. It is important to remember that you ARE NOT required to submit…

Privileged Information vs. Defendant Rights in Criminal Cases

0
0
An Illinois appellate court recently granted a defendant a retrial in his criminal case because the circuit court improperly allowed a testifying police officer to withhold important information regarding the case. The defendant had been convicted for possession of a controlled substance with intent to deliver. Law enforcement will try to protect information during a trial that it deems sensitive and likely to put people in danger. However, a defendant also has the right to know the full details of the case against him or her in order to present an effective defense. Courts are supposed to weigh the two interests, with disclosure becoming more important when the prosecution’s case relies on the information. Surveillance Privilege The recent drug possession case involved a police officer watching the defendant in order to catch him in the act of selling heroin. After allegedly witnessing the defendant conduct multiple transactions, the officer approached…

Anpassung des Urheberrechts an das Internet-Zeitalter

0
0
Mit dem Ziel die Rechte und Interessen der Kulturschaffenden zu stärken, verabschiedete der Bundesrat am 22. November 2017 den Gesetzesentwurf und die Botschaft zur Revision des Urheberrechtsgesetzes. Dem zentralen Anliegen dieser Revision, der Pirateriebekämpfung, sowie weiteren Massnahmen kommt der Bundesrat mit folgenden Neuerungen nach: (i) Stay-down Regel soll Hosting-Provider verpflichten, sicherzustellen, dass einmal entfernte Inhalte auch entfernt bleiben und nicht erneut hochgeladen werden (Art. 39d und 62 Abs. 1bis E-URG); (ii) Datenbearbeitung zur strafrechtlichen Verfolgung von Urheberrechtsverletzungen ist zulässig (bspw. wenn Nutzer von P2P Netzwerken verletzendes Material austauschen; Art. 77i E-URG); (iii) Wissenschaftliche Nutzung für Forschungszwecke ohne vorab Einwilligung des Rechteinhabers (Art. 24d E-URG); (iv) Schutzdauer verwandter Schutzrechte: Verlängerung der Schutzfrist für Leistungen von ausübenden Künstlern…

Next week's criminal law/procedure argument

0
0
Issue summary is from ScotusBlog, which also links to papers: Wednesday Carpenter v. U.S.: Whether the warrantless seizure and search of historical cellphone records revealing the location and movements of a cellphone user over the course of 127 days is...

Crash at the Intersection of S Indiana Ave and Orchard Ave, in Canyon County

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 11/25/2017 6:32 p.m. Please direct questions to the District Office Idaho State Police is investigating a crash at the intersection of S. Indiana Ave. and Orchard Ave., in Canyon County. The intersection is completely blocked. More information will be provided as it becomes available. 3641 -------------

NY3: Emptying purse on seat and saying ‘you can check my car, you can check me’ was consent

0
0
In a traffic stop, the officer saw credit cards with a male name but a female operating the car. “Upon asking the owner about the person named on the cards, the owner denied knowing that person or being the owner … Continue reading →

PA: POs have authority to search visitors in parolee’s house at time of parole visit with RS

0
0
“[P]arole agents have the authority to conduct a protective Terry frisk of non-parolees within the course of executing their statutorily imposed duties, so long as reasonable suspicion supports the agents’ conduct.” Here, POs entered the parolee’s house for a visit … Continue reading →

UPDATE: Injury Crash at the Intersection of S Indiana Ave and Orchard Ave in Caldwell

0
0
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 11/25/2017 6:32 p.m. Please direct questions to the District Office UPDATE: On November 25, 2017 at approximately 5:43 p.m., the Idaho State Police investigated a three vehicle injury crash at the intersection of S. Indiana Ave. and Orchard Ave, in Caldwell. Hilary A. Wennstrom, 32, of Nampa, was driving northbound on S. Indiana Avenue with two juvenile passengers in a 1992 Jeep Cherokee. Wennstrom failed to yield at the intersection and struck a 2002 Chevrolet Venture traveling eastbound on Orchard Avenue driven by Troy D. Aldous, 42, of Caldwell. Sherri E. Martin, 57, of Caldwell, was driving westbound on Orchard Avenue in a 2017 Honda CRV. Martin stopped prior to the…

ANITA HILL contra CLARENCE THOMAS

0
0
https://elpais.com/cultura/2017/11/25/actualidad/1511624862_968860.html “Declaraba esta misma semana que ella estableció desde el primer momento una conexión entre la suciedad del comportamiento del jurista con ella y el papel que podría representar en un futuro en la Corte” El artículo de “El País” que comparto con ustedes,  con uno de sus párrafos, me permite comentar la película CONFIRMACIÓN que vi el día de ayer (sin tener la menor idea de lo que trataría, soy afecto a ver películas cuyos títulos son cortos). Los hechos que vinculan a Anita Hill con Clarence Thomas datan de la década de los ochenta que salen a la luz diez años después cuando, en el afán de hurgar en el pasado de un candidato a la Suprema Corte de los Estados Unidos (Clarence Thomas) una periodista contacta con Anita Hill que había sido trabajadora de…

Your Honor

0
0
There are a few different words used to capture various aspects of the trait. Honor. Integrity, Honesty. For most of my life, and my career, these words represented inherent virtues. You told the truth because telling the truth was the right thing to do. You kept your promises because it was the honorable thing to do. We were honorable people. Somehow, we’ve lost this. Honor is no longer a virtue that we hold for ourselves. Some years ago, I characterized ethics as the thing you do when no one is looking. You were ethical because you were ethical, even if you could get away with not being ethical. You were ethical even if it was contrary to your self-interest. And at the end of the day, you would be able to look at yourself in the mirror, go to sleep, without feeling shame for your choices, your actions.  Sure, there was an external incentive system that promoted honor. If you behaved dishonorably, you risked being publicly excoriated as a scoundrel. But that was…

Revenge Porn, Revealed

0
0
The Rep. Joe Barton mess provided an early opportunity to consider whether the voices demanding criminalization of revenge porn were honorable or not. This comes at a good time, in light of the push in Congress to create a federal crime of it, backed by invariably teary-eyed Congressvictim Jackie Speier, and take down Section 230 safe harbor in the process. At the Washington Examiner,* revenge porn activists were asked about the Barton scenario, and the responses were exceptionally revealing. Bekah Wells of Women Against Revenge Porn, speaking under an initial impression the congressman was victimized, said that “Joe Barton has nothing to be ashamed of. Leave him alone.” “I don’t care if his penis has a Bob Dylan song tattooed on it. It’s not newsworthy,” Wells said. “The media needs to stop with this stuff. And I hope Joe sues the shit out of TMZ.” Wells was one of the earliest victims of revenge porn, and became one of the…

MILLENNIAL ME

0
0
Rumpole: A new voice emerged over the Thanksgiving holiday. A reader who claims to be a young woman who works in the REGJB. We haven't reached an agreement on her unfettered access to the blog, but for the moment, call it on a temporary basis, we are letting her blog. Her nom du blog is Millennial Me.  #letthegirlblog indeed. #LETTHEGIRLBLOGYEA! It's me. Millennial Me. A blogger. Wait until Mom and Dad read this! It's Sunday, which means lets keep this light. I have definite thoughts on lots of issues that affect us all. But for today let me say this:It won't be pretty in Foxborough for our home town eleven. The Patriots are going to beat our Dolphins like a Revolutionary snare drum. I don't watch a lot of television, (as a true millennial I have cut the cable cord and just watch my shows on Netflix, Amazon and Hulu. But mostly I read and listen to podcasts) but here are the top five shows of all time: 5) M*A*S*H4) The…

An Ankle Monitor to Prevent DUI?

0
0
Among other states, including Minnesota,  Louisville, Kentucky, has begun using an older but familiar technology in a new way. Similar to a house arrest ankle bracelet, the newest ankle monitors can now detect how much alcohol is in one’s system and these devices are enjoying increased attention and use in monitoring repeat DWI offenders. Currently, […] The post An Ankle Monitor to Prevent DUI? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

Is California finally going to get it machinery of death operational come 2018?

Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal

0
0
are here. The usual disclaimers apply. Rank Paper Downloads 1. Amicus Brief of Professor Orin S. Kerr in Carpenter v. United States, 16-402 Orin S. Kerr The George Washington University Law School Date Posted: 04 Oct 2017 1,214 2. The...

Illinois Speeding Tickets Can Lead to Jail Time

0
0
Recently, I have represented clients who received speeding tickets. In the course of representing these clients, I have come to realize that people do not really understand the Illinois Speeding Laws. In the last few years, the Illinois speeding laws have been changed. The changes have drastically increased the penalties for excessive speeding on Illinois roadways. Drivers are not adequately informed of what the potential consequences can be for a speeding ticket. As someone who has received speeding tickets in the past, I remember when the biggest inconvenience associated with receiving a speeding ticket was having to take time off of work or school to go to Traffic Court at 321 North LaSalle, pay to park my car downtown, and wait for my case to be called and be dismissed because the police officer did not appear. Hundreds of thousands of Chicagoans used to visit that building every year.  Those days have changed. What used to be a major inconvenience can now lead to a…

plus ça change, plus c'est la même chose

0
0
Return with us now to the thrilling days of yesteryear when (OK, if you're old enough to know how the rest goes and yearn for it, you'll be disappointed) . . . when blawggers talked to each other on their blawgs.Over at Simple Justice this morning, Scott Greenfield wrote about honor.You told the truth because telling the truth was the right thing to do. You kept your promises because it was the honorable thing to do.We were honorable people.Now, not so much. There is no country for the honorable anymore. From the top down, and the bottom up, lies, deceit manipulation, distortion are all acceptable means of achieving goals, and goals are more important than how you attain them. We can fight over whether a goal is worthy or correct, but an honorable person will not lie to win the battle, will not use fallacious arguments to see if he can get an easy win, will not distort the facts to achieve victory.I started to write a comment, but it was getting out of hand, turning…

Biased Judge Goes Too Far

0
0
Judges have a sworn duty to be impartial when trying cases, especially criminal cases where life and liberty are at stake and the government bears all burden of proof.   Elia Cornejo Lopez was elected to a criminal court judgeship in Cameron County, Texas in 2009. She secured her election victory with an emotionally charged, mud-slinging campaign. Her primary campaign issue was the need for judges to be tough on defendants in child abuse cases—something she charged that her unseated opponent, Judge Abel C. Limas, had not been. Lopez ran the following three political ads against Limas:   “Abel Limas did not give justice to baby Emmanuel, an eight-month-old baby killed by his mother. She got probation deferred adjudication for murder … Enough is enough. Say no to justice Abel style. Give families and children justice.” “How many more children are we going to let Abel Limas victimize with his rulings from the bench? Say enough is enough and…
Viewing all 71805 articles
Browse latest View live




Latest Images