The so-called “Satanic Panic” swept the nation in the 1980s and early 1990s. The idea became rooted in society that Satanists had infiltrated the childcare industry and were subjecting young people to terrible acts of abuse. In reality, many of the victims were the accused who faced baseless charges. Recently, in Texas, a couple who were caught up in the Satanic Panic was exonerated of charges of child abuse. An article in The Intercept noted Fran and Dan Keller were formally exonerated of the crimes on June 20 in Austin. They were prosecuted in 1992 as the mass hysteria known as the Satanic Panic swept the nation. The Intercept reported that from the 1980s, accusations flew that Satanists intent on sexually abusing and brainwashing young children infiltrated the childcare industry. The Kellers paid a particularly high price for the misguided investigations. Austin couple exonerated on Satanic Panic crime The nightmare for the couple began in 1991. The couple ran a…
Texas Couple Exonerated For “Satanic Panic” that Never Happened
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The Moral Bar
Someone screwed with Jessica Schulberg’s head. [T]he legal profession is one of the few that requires members to uphold a certain moral standard. This is true, as lawyers are required to be of “good moral character” to be admitted to the bar. But what this means is easily misunderstood by people who conflate their politics with morality. For Schulberg, morality is progressive politics, as her Huffington Post article makes clear that being on the “right” side of politics is immoral. I first started tracking white supremacist and Nazi lawyers after I received a phone call from Mark Zaid, a lawyer and a source of mine in Washington. In the aftermath of the Charlottesville rally, Zaid, like many other Americans, was grappling with how to confront the far-right extremists who proudly gathered there, seemingly without fear of consequences. Perhaps there was a better way to hold some white supremacists accountable, Zaid mused. Being a…
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A Christmas Tradition, 2017
A Christmas tradition at SJ: In years past, some have taken issue with offensive religious stereotypes reflected in this video. In years past, this didn’t strike me as a serious issue. It was funny, satire created by Jews who were able to laugh at ourselves, at others, at life. There were always people who would find something to take offense at when it touched their world, but so what? This years seems different. This year has elevated not just the finding of things to be offended by to an art form, but the trauma suffered by such offense to be insufferable. No physical object pierced their heart. No blood gushed from a wound. But still, it was as deadly as a dagger thrust into their heart. They railed. They screamed. They first shouted in pain and horror, then they lashed out in strings of epithets at the perpetrators of offensiveness. Some of you have wondered why I persist in defying the righteous cries of angst from the ideologically woke? Political correctness has…
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Origin Story
Fundamental attribution bias is the cognitive bias that leads us to attribute people’s actions, good or bad, to their character rather than to circumstances. A person of whom we have no opinion and for whom we have no ingroup/outgroup associations leading to an opinion, but whom we learn has done a bad thing, we generalize1 as a bad person; such a person who does a good thing, we generalize as a good person. This is why you get at most one chance to make a first impression. Once we have generalized a person as good or bad, we look at everything that he does in light of that generalization. Good people get the benefit of the doubt when they do bad things; bad people do not get the benefit of the doubt when they do good things. This is the battleground in many criminal jury trials. Something bad has happened. The State wants to pin it on the defendant, turn him into a bad person, and then get the jury to hold him culpable because he is a bad person. The defense wants to…
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Does the Failure to Wear a Seat-Belt Impact a Georgia Car Accident Injury Claim?
If you are not wearing a seat-belt, your injuries will likely be more serious if you are involved in a car wreck. Many people believe they will be barred from filing a personal injury claim against the other driver if they are not wearing a seat-belt. Although this is not the case, failure to wear a seat-belt may have an impact. This is not necessarily the case. Although it’s the law in Georgia to wear a seat belt and you may receive a traffic citation from the police, whether you can claim or not depends on negligence and who caused the accident. If you were a victim of negligence, the amount you will be able to receive will depend on the facts of the case. Your Georgia auto accident claim will depend on two factors – negligence and causation. It’s not enough to show the other driver committed a negligent act like running a red light or improperly changing lanes. You must show that driver’s actions led to your injuries. If you contributed to your…
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WHY WE BLOG
It started on November 16 2005. Our "Welcome Post":We seek comments, rumors, and stories on any and all Miami Justice Building habituates, Judges, Prosecutors, Attorneys, and defendants. While we (the royal we) will not be libelous, and we will not pick on those not able to defend themselves [ insert your favorite judge here] , we love a good story about a Judge or lawyer putting his or her foot in their mouth. A juicy rumor that is not too harmful will also be posted.Three thousand, four hundred and nineteen (always spell out all numbers in a brief, as per the Blue Book) posts later, here we are. It's good-nee important- to see where you started to guess where you're going. In looking back, our worst moments were reporting on the deaths of friends and colleagues; admittedly something that we never planned for. Judge Manny Crespo was, we recall, the first death we reported on. Our absolute worst moment was our untimely announcement of the terribly…
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¡¡SE PUEDE REVOCAR EL INDULTO A FUJIMORI!!
INDULTO A JOSÉ CROUSILLAT http://larepublica.pe/politica/1162256-alberto-fujimori-se-puede-revocar-el-indulto-del-exdictador Ante ello, existe la duda de si el indulto a Fujimori es válido y si puede ser anulado, lo cual fue aclarado este lunes por el abogado penalista Mario Amoretti, en RPP Noticias. Según el letrado, el indulto no puede ser dado en caso de delitos de lesa humanidad y, aunque en una parte de la sentencia se menciona, el fallo que condenó a 25 años de cárcel a Alberto Fujimori señala los delitos de homicidio calificado y secuestro agravado, pero no de lesa humanidad. Por lo tanto, en caso se planteara una objeción en la Corte Interamericana de Derechos Humanos u otra autoridad, esta no tendría éxito debido a que el "Tribunal Constitucional ya lo ha establecido". Sin embargo, aclaró que la reparación civil no ha sido eliminada por lo que podría ser…
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New York State Tightens Hate Crime Laws Following Charlottesville
“What are these illegal immigrants doing here? I hate immigrant people,” yelled David Caputo according to prosecutors. The diminutive man had a machete when he threatened to kill and man on a Sunset Park street in June. On December 6, Brooklyn Supreme Court Justice Danny Chun refused prosecutors’ request to boost Caputo’s bail to $10,000. Caputo pleaded not guilty and allowed to walk on his own recognizance. If Caputo is convicted, he is looking at a maximum of four years in prison. Caputo isn’t the only American right-wing terrorist — just the latest. Majority Of Hate Crimes Committed By White, American Males Since 9/11 the majority — by far — of domestic terrorism incidents were carried out by right-wing, American perpetrators. A study by The Center for Investigative Reporting shows right-wing terrorists responsible for twice as many events as Islamist terrorists in America since the World Trade Center attacked sixteen years…
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NY3: Call about attempted suicide led to def’s girlfriend’s consent which included reading the suicide note which admitted to repeated rape and murder
Defendant’s girlfriend called the police because he’d threatened suicide in a phone call, and she consented to a search of their house. In the house the police found a notebook with a suicide note inside, and it was properly seized … Continue reading →
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OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable
The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing part of the stop. “Police may conduct a canine sniff during the time that it takes to issue … Continue reading →
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THE POWER OF GRATITUDE – IMPROVING YOUR LIFE & LEGAL PRACTICE
Have you ever felt down and out; like life itself was falling from you and it seemed like a major effort just to take care of the everyday mundane things? Of course you have, it’s called being human. No one person that I have ever encountered has been perfect (except Mike Brandt comes pretty damn close). We all have set-backs, challenges and days where nothing seems to go right; it is a part of life and living. So today, instead of addressing a legal or evidentiary topic, I am going to share a concept with you that can literally change your outlook on life as it illuminates your path to happiness and well-being. That one concept, among many, is gratitude. Now I know what some of you are thinking. Half of everyone reading this post is probably groaning to themselves, urgggg…. another touchy feely topic. But not so fast, the power of gratitude is much more than just a touchy feely concept. The physical and emotional benefits that flow from…
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Christmas Day Open Thread
Merry Christmas everyone! I'm spending the day at Ms. TL kids' parents, with the TL kids and my new grandaughter Karter (now 6 weeks old, she sends her best regards)[More...] Please fill us in on your day and your thoughts. What... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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ISIS Claims Responsibility for Kabul Suicide Attack
ISIS claimed responsibility for today's suicide attack in Kabul outside an intelligence agency. Only civilian passersby were killed. The blast comes a week after the group claimed responsibility for an attack on a training facility of the same... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Star Wars: The Last Jedi: The Review of the Shapiro Review
I watched Star Wars: The Last Jedi when it first opened. While there is a lot to digest, I enjoyed the movie overall. I've been meaning to watch it again, but in the meantime, I have been taking in the odd phenomenon of self-proclaimed Star Wars enthusiasts who often happen to be political conservatives attacking the film. With every negative review I read, the more I like The Last Jedi.Which is why after all of the presents were unwrapped on Christmas morning, this tweet from Randy Barnett was a nice bonus gift:@benshapiro expertly enumerates all the flaws of @starwars #TheLastJedi as only a @Harvard_Law nerd. And there are soooo many. https://t.co/vnedm8fiZQ— Randy Barnett (@RandyEBarnett) December 25, 2017I don't pay attention to Ben Shapiro because why should anyone? But Randy Barnett is a law professor and noted conservative voice who blogs at the excellent Volokh Conspiracy -- making me all the more sad to see him promoting what turns out to be…
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Crash Blocks Eastbound Lanes I84 at Ten Mile
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: 12/25/17 1:22 pm Please direct questions to the District Office Idaho State Police is investigating a crash eastbound I84 at milepost 42, near Ten Mile. The two left lanes are blocked. More information will be released as it becomes available. 4069/3725 -------------
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Conviction for possession of a gun by an illegal alien does not require the alien know his status is unlawful
In U.S. v. Ali Rehaif, the defendant, Rehaif, was a citizen of the United Arab Emirates who was convicted of possessing a firearm and ammunition while illegally or unlawfully in the United States. In his appeals he challenges the jury instruction given by the Florida district court regarding whether he had to know he was unlawfully in the United States. Rehaif was initially issued a student visa to study mechanical engineering at the Florida Institute of Technology on the condition that he pursue a full course of study. He agreed to this condition upon receiving his student visa. After three semesters he was academically dismissed on December 7, 2014, and one month later on January 21, 2015, the school sent Rehaif an email stating that his immigration status will be terminated on February 5, 2015, unless he transfers out before that date or notifies the school office that he had left the United States. Rehaif did not take any action and on February 23, 2015, the…
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Update Crash Blocks Eastbound Lanes I84 at Ten Mile
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: 12/25/17 2:44 pm Please direct questions to the District Office The lanes of travel are no longer blocked. 4069/3725 ***End of Update*** Idaho State Police is investigating a crash eastbound I84 at milepost 42, near Ten Mile. The two left lanes are blocked. More information will be released as it becomes available. 4069/3725 -------------
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In rare co-pay fraud case, United Therapeutics agrees to pay $210 million
On December 20, the Department of Justice announced that Maryland-based pharmaceutical company, United Therapeutics, had agreed to settle kickback allegations relating to copayments for $210 million. According to DOJ’s press release: Pharmaceutical company United Therapeutics Corporation (UT), based in Silver Spring, Maryland, has agreed to pay $210 million to resolve claims that it used a foundation as a conduit to pay the copays of Medicare patients taking UT’s pulmonary arterial hypertension drugs, in violation of the False Claims Act, the Justice Department announced today. When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a copayment, coinsurance, or deductible (collectively “copays”). These copay obligations may be substantial for expensive medications. Congress included copay requirements in these programs,…
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Domestic Violence in the News: Most Notable Stories of 2017
By most accounts, 2017 has been a particularly turbulent year. From political upheaval at home to nuclear threats abroad; from devastating hurricanes to fires; from mass shootings to Harvey Weinstein (and dozens more exposed and felled by #metoo); it seems like one headline continues to outdo the next. Amid all the upheaval, this year has also seen some important news stories about domestic violence, some of which even tie in to recent high-profile stories (for example, the church shooting in Sutherland Springs). Let’s look at a few of the most notable domestic violence news stories for 2017 and see what we can learn from them. Red Sox Pitcher Steven Wright Arrested for Domestic Violence Continue reading
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Can I Be Guilty of a Retail Theft if I Did Not Get Out of the Store?
This is one of the most common questions I get asked by people that have been arrested and charged with a Retail Theft. When I get asked that question, that’s when I start asking questions. Because whether or not they committed a Retail Theft depends on the specific facts of their case. Most of the time they tell me that they forgot to pay for an item that they had mistakenly placed in their purse or in a bag. Some people tell me that their child took an item and hid it from them without them knowing. Other people tell me they tried on a piece of jewelry and forgot to take it off. Whatever the explanation is, many of them tell me that they don’t understand how they could be charged with stealing something from a store if they did not physically leave the store when they were stopped by security. Like many other things having to do with the legal system, there is a difference between what is commonly considered to be Retail Theft, and what the law considers to…
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