The Manhattan Institute asked several of its scholars for the "top takeaways" from the President's State of the Union address. Here is Heather Mac Donald's note:The president called for reforming prisons to help inmates get a second chance at life after their release. That is a wiser approach to criminal justice reform than attacking "mass incarceration," a duplicitous term that ignores two crucial facts: first, that every prisoner is charged and sentenced individually through the due process of the law, and second, that the only criminals who end up in prison either have very long records or have committed very serious crimes. Incarceration played a crucial role in the twenty year crime drop from the early 1990s through the mid-2010s. But while the incarceration build-up was both procedurally fair and necessary, more can be done to try to help ex-cons become productive citizens. The main focus should be on having every prisoner…
The State of the Union and Crime
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McGreal on The Sentencing Guidelines' Effect on Fiduciary Duties
Paul E. McGreal (Creighton University) has posted Caremark in the Arc of Compliance History: Evolution of a Corporate Director's Fiduciary Duty to Oversee Compliance with the Law (Temple Law Review, Vol. 90, No. 1, 2018) on SSRN. Here is the...
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SHOULD THE FISA MEMO BE RELEASED?
[Photo from wikipedia]Should the controversial FISA memo be released to the public? According to news reports, the four page memo outlines FBI and DOJ abuses of their surveillance powers, in order to spy on the President's campaign and transition teams. In a nutshell, the allegations are that agents sympathetic to the Clinton campaign utilized the largely unsubstantiated Russian "dirty" dossier, paid for by Clinton and the DNC, to apply for FISA warrants to spy on an opposition candidate (and new president) during an election year. If that happened, then this would clearly be one of the largest political scandals in American history.The House Intelligence Committee has already voted for its release. But the FBI and DOJ have reportedly objected to its release. FBI Director Christopher Wray has even complained that the memo is inaccurate. However, House Speaker Paul Ryan has gone on record stating that the memo should be released in order to help…
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"Radically Reforming America's Parole and Probation Systems"
From The Takeaway, via the NACDL news scan: Approximately 4.7 million people are in the United States parole and probation system, more than double the number of incarcerated persons. While there has been a lot of research and advocacy surrounding...
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UPDATE REGARDING FISA MEMO
[Photo from wikipedia]Here's a tart response today to the FBI and DOJ complaints about the FISA memo's release from the House Intelligence Commitee Chairman Devin Nunes at the House's website:“Having stonewalled Congress’ demands for information for nearly a year, it’s no surprise to see the FBI and DOJ issue spurious objections to allowing the American people to see information related to surveillance abuses at these agencies. The FBI is intimately familiar with ‘material omissions’ with respect to their presentations to both Congress and the courts, and they are welcome to make public, to the greatest extent possible, all the information they have on these abuses. Regardless, it’s clear that top officials used unverified information in a court document to fuel a counter-intelligence investigation during an American political campaign. Once the truth gets out, we can begin taking steps to ensure our intelligence…
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How Effective is a Restraining Order in a Domestic Violence Incident?
You’ve been married to your husband for almost five years; and at the beginning of your marriage, he seemed to be the most kind-hearted individual you had ever met. Then things changed. Over the last year or so, he has been more and more abusive towards you. At first, it was just a lot of yelling and verbal insults. Now, it has progressed to physical violence. You’re tired of the abuse you have been receiving lately and decide to leave trying to find a safe place. Unfortunately, he found you. You feel afraid and alone. What can you do? Unfortunately, the above situation is more common than it should be. According to the New Jersey State Police, domestic violence incidents occur once every nine minutes (eight minutes and fifty-two seconds). It can happen to anyone at any moment. Even when you can escape your attacker, you still have to worry about the threat. However, there is a way you can protect yourself – filing a restraining order. A restraining…
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The Consequences of Furnishing Alcohol to a Minor
Drinking socially can be a way to unwind from a stressful week, as long as the individual drinking is doing so responsibly. Many parents, legal guardians, and other adults have furnished alcohol to their children, even if under the age of 21. However, even though the furnishing of alcohol may not be in a public place, the state of Illinois still considers this action to be illegal and it may come with very serious charges, including driving under the influence, if the person drinking alcohol decides to drive afterward. Why Is Furnishing Alcohol to a Minor Illegal in Illinois? If an adult over the age of 21 provides alcohol to a person under the age of 21, he or she may face some very serious consequences. The individual may face a fine of up to $2,500 and one year in jail for a misdemeanor offense. However, if the individual is charged with a felony, he or she may face a fine of up to $25,000 and at least one year in prison. If the adult over the age of 21 knowingly gives…
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"Focused Deterrence Strategies and Crime Control"
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Senator Menendez to Avoid Retrial on Corruption Charges
In a surprising development, the Department of Justice announced yesterday that it would drop corruption charges against Senator Robert Menendez (D-NJ). The move comes just weeks after the Government declared its intent to retry the case, after the Senator’s first trial concluded in a November 2017 mistrial. Shortly after that announcement, the federal district court presiding over the proceedings issued a ruling dismissing seven of the eighteen counts in the superseding indictment. The published opinion repeatedly employed the famous words of Gertrude Stein, noting with respect to several of the tossed charges, “There is no there there.” While the court’s opinion would have allowed eleven counts to proceed toward trial, the Government’s announcement yesterday recognized the impact that the decision had on the strength of its case as a whole, noting that it was moving to dismiss the superseding indictment as a result of the court’s earlier…
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Bundesrat: Kein Revisionsbedarf beim Allgemeinen Teil des Obligationenrechts
Der Bundesrat sieht in einem am 31. Januar 2018 verabschiedeten Bericht keinen Handlungsbedarf für eine Gesamtrevision des Allgemeinen Teils des Obligationenrechts OR (s. Medienmitteilung). Danach bewährt sich dieser im Arbeitsalltag gut. Trotz seines langen Bestehens gibt er immer noch auf die meisten aktuellen rechtlichen Fragestellungen Antworten. Adrian Mühlematter http://www.lawblogswitzerland.ch
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How to Confirm a Florida Warrant
If you have an outstanding warrant in Florida it is usually a good idea to deal with it sooner rather than later. It is not only a psychological relief, but it is also much more convenient and less embarrassing to resolve an outstanding warrant voluntarily than to be caught off guard and taken to jail without any forewarning or preparation. As a threshold matter, you may suspect there is a warrant for your arrest but you may not be absolutely certain. If that is your situation, you have several options to use in trying to determine your warrant status. First, you can visit The Florida Crime Information Database website. The database contains Florida warrant information as reported to the Florida Department of Law Enforcement (FDLE) by law enforcement agencies throughout the state and authorized for release to the public. Beware, however, the database does not reflect every warrant pending in the state. Therefore, if your name does not appear on the…
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Pennsylvania Appeals Court Holds Speedy Trial Rule Did Not Protect Evasive DUI Defendant
In October 2016, a lower court granted a defendant’s motion to dismiss the charges filed against him in July 1990 based on a violation of Pennsylvania Rule of Criminal Procedure 600 (prompt trial). On appeal to the Pennsylvania Superior Court, the Commonwealth argued that the trial court abused its discretion in granting the defendant’s motion to dismiss. The appeals court agreed and remanded, finding the defendant could not avail himself of the protections of the speedy trial rule if he himself was responsible for the delay. The defendant was charged with DUI and reckless driving in 1990. Soon afterward, a preliminary hearing was held, and the defendant was arraigned. In November 1990, the defendant failed to appear at court, and the judge issued a bench warrant for his arrest. In the intervening 26 years, the defendant was arrested and incarcerated multiple times in various jurisdictions and resided at the same address for at least the first nine of these years.…
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Common lawsuits involving small businesses
As an entrepreneur, you may spend much of your time figuring out the best ways to make your business productive and profitable. A large part of that is eliminating ways your company loses money unnecessarily. This may include reducing expenses, monitoring shrinkage and minimizing your overhead. However, there is one factor that could result in a significant loss of your profits, and that is through lawsuits. As smoothly and efficiently as you run your business, failing to protect yourself from wasteful litigation can hurt your bottom line and even jeopardize the future of your business. Protect your livelihood Lawsuits are not limited to big corporations, and many big companies can survive even after spending 2 percent or more of their annual revenue on legal fees to fight lawsuits. Even if you and your employees are diligent about avoiding liability, you cannot always predict when someone will decide to take you to court. Cases of businesses facing litigation seem to be on…
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Environmental Prosecutions Continue to Decrease
Syracuse Trac just reported the number of environmental criminal prosecutions is continuing to drop. (see here). Based upon first quarter statistics, the "annual total [projected] prosecutions will be 220 for this fiscal year." This would be down from 338 for...
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Miller to Lead Workshop: “Legal Aspects of Separation and Divorce”
For Immediate Release Contact: Cindy Rose director@wrchickory.org February 13, 2018 Workshop WRC Workshop Addresses ‘Legal Aspects of Separation & Divorce’ HICKORY — Women facing separation or divorce need to understand how the legal and financial decisions they make during this difficult transition will impact their lives and the lives of their families. To assist women in understanding these life-changing decisions, Hannah Miller, a local attorney with King Law Offices, PLLC, will lead a workshop on the “Legal Aspects of Separation and Divorce” at the Women’s Resource Center in Hickory on Tuesday, February 13, 2018, from 6 – 7:30 p.m. The program is designed to educate women on how to evaluate their legal and financial settlement choices when a marriage ends. Topics covered include dividing assets, real estate, wills, power of attorney and other legal documents designed to protect the rights of women and children…
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New E-Bike Law Effective in Illinois
The Illinois DUI law provides, in part: “(a) A person shall not drive or be in actual physical control of any vehicle within this State while [under the influence].” The driving while license suspended or revoked (DWLSR) statute includes the following language: “(a) Except as otherwise provided in subsection (a-5), any person who drives or is in actual physical control of a motor vehicle on any highway of this State at a time when such person’s driver’s license [is suspended or revoked… shall be guilty of a Class A misdemeanor].” Senate Bill 0396, which was passed in both chambers and was signed into law over the summer, amended the Illinois Vehicle Code (“IVC”) to change the definition of “low-speed electric bicycle.” The IVC defines a “vehicle” as follows: “Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring…
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Illinois Supreme Court Reverses Grant of DUI Defendant’s Suppression Motion
The Fourth Amendment protects U.S. residents from unreasonable governmental searches and seizures. This fall, the Illinois Supreme Court was tasked with deciding whether an alleged hospital blood draw violated an Illinois DUI defendant’s constitutional rights. The defendant was charged with DUI following a motorcycle accident. He filed a motion to suppress the results of blood-alcohol testing on the ground that the blood draw performed at the hospital after his accident violated the Fourth Amendment. Specifically, he argued that the police officers forcibly placed him in an ambulance, despite his refusal of medical treatment. The motion further argued that the blood draw performed at the hospital was a search conducted without a warrant, without consent, and without exigent circumstances. The trial court granted defendant’s motion, and the appeals court affirmed. The state petitioned to the Illinois Supreme Court, which accepted the appeal and reversed. The state…
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US v. Walton, No. 15-50358 (2-1-18)(Rakoff w/M. Smith & Friedland). An ACCA enhancement is reversed. Under US v. Dixon, 805 F.3d 1193 (9th Cir. 2015), California robbery is not a COV. The 9th also concludes that first degree robbery under Alabama is not a COV because the state’s third degree robbery is not sufficiently violent to qualify as a COV. Third degree becomes first degree if the defendant had a deadly weapon. Third degree robbery requires force but it can be nonviolent force. For an ACCA COV, the Supremes have required “substantial” force. Johnson, 559 US at 140; and Castleman, 134 S.Ct 1405(2014). Such force is lacking here and the govt has not argued divisibility. Thus, the defendant goes from 4 predicate COV felonies to 2, and is not ACCA.Congrats to Jonathan Libby, AFPD, Cal Central (Los Angeles).The decision is here:http://cdn.ca9.uscourts.gov/datastore/opinions/2018/02/01/15-50358.pdf
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US v. Watson, No. 16-15357 (2-1-18)(per curiam w/Wallace, Watford, & Sands). The 9th affirms a denial of a habeas petition arguing that federal armed bank robbery, 18 USC 2113(a) and (d), is not a “crime of violence” under the force clause of 924(c). The 9th reasons that since unarmed bank robbery requires force, so too must armed bank robbery. The 9th rejects the argument that one way of committing bank robbery, through intimidation, does not meet the Johnson standard requiring violent physical force. The 9th finds that “intimidation” requires a taking of property in a manner that a reasonable person would fear of bodily harm. Gutierrez, 876 F.3d at 1256-57. It requires an implicit threat of harm. The 9th also rejects the argued lack of adequate mens rea in intimidation, holding that “intimidation” requires a knowing use of violent physical force; it cannot be through negligence. Lastly, the 9th rejects the amicus…
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Crash with blockage in Nampa
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: 02/01/18 1:47 p.m. Please direct questions to the District Office The Idaho State Police are currently on scene of a crash with blockage at eastbound Interstate 84 just east of exit 35, Northside Blvd. The right lane of travel is blocked at this time. 3560 -------------
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