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Effective discussion of "Responsible Prison Reform" at National Affairs

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Eli Lehrer has this lengthy new piece in the latest issue of National Affairs, which is headlined "Responsible Prison Reform." As these excerpts from the start, middle and end of the lengthy essay suggest, the piece merits reading in full:...

Zimmerman Opening: Recency

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As I wrote in my last post, recency, the last words the jury hears, carries persuasive power. John Guy made the most of it in his concluding sentences: “We are confident at the end of this trial you will know in your head, in your heart and your stomach that George Zimmerman did not shoot [...]

New Jersey Resident Charged with DWI after Alleged Out-of-State Drunk Driving Accident

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As with many drunk driving scenarios, the beginning of the ordeal for any motorist is usually when he notices a police car behind him with lights on and siren blasting. Unnerving as that initial moment may be for most, for those individuals who may have had a drink or two prior to the police stop the worst is yet to come. Never mind the embarrassment, the fear of being found guilty of drunken driving can result in a very awkward experience on the roadside. As New Jersey trial lawyers experienced in defending motorists accused of intoxicated driving or drug DUI from taking some kind of prescription medication, we understand the trepidation that most anyone would feel after being called out by a New Jersey State trooper or municipal patrolman. We also know that if a person does not actively seek legal assistance to fight a drunk driving charge, the potential penalties for losing one's case can be costly. The skilled attorneys at our Monmouth County law firm are dedicated to providing a vigorous defense on behalf of our clients. In general, when considering whether or not one might retain counsel for a DWI-DUI or breath test refusal charge, it is important to ask a few questions. Top among these would be whether or not a prosecutor can prove you, as the driver, were intoxicated.

DOJ Takes Down 4 More For Rigging Bids at Foreclosure Auctions

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Wesley Barta, Oakland, California, Irma Galvez, Pacheco, California, Stan Kahan, Berkeley, California, and Joseph Vesce, San Francisco, four Northern California real estate investors, have agreed to plead guilty for their role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California. Felony charges were filed in the [...]

Two notable prison opinion pieces via the Washington Post

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The Washington Post today has two notable opinion pieces concerning prison policies and practices. Here are their headlines and first sentences: Mass incarceration’s tragic success: "At a time of earnest debate on the size and role of government, relatively little...

Extortionate Investigative Blogger Crystal Cox: Summary By a Federal Judge

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Crystal L. Cox has a perfect record so far in her litigation against a large group people she claims are involved in a vast conspiracy… Every single case gets thrown out of federal court. The latest federal lawsuit by Crystal Cox to get dismissed is in the District of Massachusetts. Almost as important as the [...]

"Should child porn 'consumers' pay victim millions? Supreme Court to decide."

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The title of this post is the headline of this new Christian Science Monitor piece discussing the Supreme Court's grant of certiorari yesterday in Paroline (noted here). Here is how the piece gets started: The US Supreme Court on Thursday...

Director of the SFO and Director of Public Prosecutions publish joint draft Code of Practice for Deferred Prosecution Agreements

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Yesterday the Director of the SFO and the Director of Public Prosecutions (DPP) published a draft Code of Practice for the use of Deferred Prosecution Agreements (DPAs).  DPAs were enacted as a prosecutorial tool in the Crime and Courts Act 2013 which received Royal Assent in April this year. Vivian Robinson QC blogged on DPAs at BriberyLibrary here on 1 May 2013. To recap, a DPA involves a company reaching an agreement with a prosecutor where the company is charged with a criminal offence but proceedings are automatically suspended.  The company agrees to a number of conditions which may include the payment of a financial penalty, payment of compensation and cooperation with future prosecutions of individuals.  Of course, if the conditions are not honoured by the company, the prosecution may later be pursued. The publication of the draft Code of Practice jointly by the Director of the Serious Fraud Office and the Director of Public Prosecutions also involves a consultation period in which the Directors seek views on eight points covered in the draft Code.  Comments have been requested from any interested individuals and organisations.  The consultation closes on Friday 20 September 2013.  The consultation document is linked through the SFO's web page here. Since David Green QC became director of the SFO in April 2012, his public statements have made it very clear that he does intend to prosecute wherever possible and that he is much less likely to enter into “settlements” with defendants than his predecessor, Richard Alderman.  Nevertheless, DPAs will give the director the choice to avoid a prosecution in certain circumstances as set out in the draft Code of Conduct published yesterday. Notably, one reason suggested in the draft Code for the prosecution not entering into a DPA would be where a company had delayed in bringing the illegal conduct to the attention of the prosecuting authority.  Some legal commentators have already been reported as saying that they believe that companies discovering corruption might already be opting against self reporting their findings to the authorities for fear of prosecution, due to the new director’s hardened stance. We should add that that hasn't been our experience. If this were the case, however, those directors making such decisions would be ignoring the very considerable risk that someone either within their organisation (or indeed outside it) who was aware of the illegal conduct would at some point in the future act as a whistleblower, bringing the illegality to the attention of the SFO and other prosecutors.  Upon investigation the SFO would discover that the current management, who might otherwise have been untainted by the illegal conduct, had sought to cover it up thereby tainting their administration of the company after the event, and setting themselves up for a much tougher prosecution, with the likelihood of any DPA being unavailable due to their not having self-reported earlier. Naturally, if the illegal conduct continued after being discovered by the company’s management, and it turned a blind eye to it, then directors or senior officers of the company would themselves become liable under section 14 of the Bribery Act, in their personal capacity. We will blog further on the draft Code of Conduct in due course once we have had a chance to consider it.

George Brown, Miami-Dade County, Florida Lighting Coordinator, Arrested for Bribery

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George Brown, a Miami-Dade County road lighting coordinator, was arrested Tuesday after he was accused of accepting bribes from a lighting contractor, a press release by the United States Attorney's Office for the Southern District of Florida indicates. Brown, 50, was booked into police custody on charges of accepting bribes in connection with programs receiving federal funds. It is unclear whether he qualified for bail bond. Reports did not say whether Brown has obtained a defense lawyer. According to reports, Brown, of Hollywood, worked for the Department of Public Works in Miami-Dade County as a Roadway Lightning Coordinator. Brown managed the installation and maintenance of over 45,000 streetlights in Miami-Dade as part of his job, the release states. It is unclear how long Brown held the position; he appears to have been removed from the staff in light of the situation. In 2011, a lighting contractor reportedly came to Brown with an offer: convince the county to use the contractors lighting products in exchange for various products. Brown allegedly accepted the deal and purportedly convinced the county to buy from the contractor. The contractor's identity is being withheld as part of the police investigation. It is not known whether the contractor will face legal repercussions. Brown received a number of expensive products from the contractor in exchange for his help, according to the release. Among other goods, Brown allegedly received a 2.5-ton air conditioning unit and a Samsung stainless steel refrigerator. In all, Brown reportedly received over $13,000 worth of products from the contractor. Detectives later learned of the scheme and confronted the contractor, reports say. The contractor began working with authorities and agreed to stage conversations with Brown, reports say. During a monitored conversation between Brown and the contractor, Brown reportedly told the contractor that their arrangement was a complete secret. In another conversation, the contractor and Brown allegedly struck a deal. Brown would convince the DPW to use $40,000 worth of the contractor's products for a project on 27th Avenue in Miami; in return, Brown would get $2,600 worth of merchandise. Brown was subsequently arrested. Some types of illegal activity are more unusual. Michael Scott Barwick of Sarasota was arrested Sunday after he was accused of stealing a lawn mower by tying it to his bicycle, reports say. Barwick, 53, was booked into police custody on charges of felony burglary. It is not yet known whether he has qualified for bail or hired legal representation.

Eduardo Hernandez, Jr., Alexander Orriols, Jose Arias, and Milena Hernandez, of Miami, Florida Arrested for Fraud

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Eduardo Hernandez, Jr., Alexander Orriols, Jose Arias, and Milena Hernandez of Miami, Florida have been named in a release indictment for allegedly tricking financial institutions into issuing them loans, according to the U.S. Attorney's Office for the Southern District of Florida. Hernandez Jr., 32, Orriols, 43, Arias, 50, and Hernandez, 30, were booked into the Miami-Dade County Jail on charges of conspiracy to commit bank fraud and conspiracy to commit money laundering. It is unclear whether they qualified for bail bond. The press did not specify a lawyer for the defendants. According to reports, the defendants either owned or were associated with companies in Miami-Dade County. The names of those businesses were not provided in the press release. It is unclear how long the alleged scheme went on for. Reports say the defendants recruited straw buyers to help with the scheme. The buyers reportedly allowed the defendants to use their personal information to apply for loans. The loans were supposedly for boat purchases from the defendant's businesses; it is not clear whether the boats in question actually existed. The defendants allegedly drafted up fake documentation, including falsified financial records, W-2 Forms, and bank statements, for the straw buyers to ensure they got the loans. Once the straw buyers were approved for the loans, the loan money would go to the defendants, according to the release. The defendants would pay a portion of that money to the straw buyers - some commission, plus enough to make monthly payments on the loans. The defendants reportedly paid the straw buyers directly with cash or through third party checking companies. The defendants allegedly kept the rest of the funds, which they used on personal expenses, according to the release. As part of an indictment against the defendants, prosecutors are asking for the return of the $1,585,657.10 that the defendants allegedly made off with. Not all theft crimes are so elaborate. Dominick Andrew Giordano of West Boca was arrested Monday after he was accused of trying to break into a truck, reports say. Giordano, 32, was booked into the Palm Beach County Jail on charges of burglary. He was later released on unspecified terms. It is not yet known whether he has hired legal representation.

Green on Gideon's Amici

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Bruce A. Green (Fordham University School of Law) has posted Gideon's Amici: Why Do Prosecutors So Rarely Defend the Rights of the Accused? (Yale Law Journal, Vol. 122) on SSRN. Here is the abstract: In Gideon v. Wainwright, twenty-three state...

Michigan Court of Appeals Disagrees With Man's Claim of Denial of Constitutional Right to Speedy Trial

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In January of 2012, Richard Frank Thomas was convicted of the murder of Elijah Todd Butler, a crime that took place in October of 1971. Butler was a Marine who had married Geraldine Butler just four days earlier. According to a news article at Mlive.com, the man's dying words, "Gerry, he did it" spoken in the arms of his wife were what helped convict Thomas more than 40 years later. Geraldine Butler told authorities that Thomas had said that if she gave him her virginity, he would leave the couple alone. She alleged that Thomas had made death threats against herself and her husband. Butler was killed when he was shot at the doorstep of his home. Thomas allegedly threatened anyone who may know what he had done to keep quiet after the murder. It was only after another murder that Thomas's threats became more credible. In 1976, Thomas was convicted of murdering Robert Groothuis, a gas station owner. Thomas allegedly shot Groothuis, and was sentenced to life in prison. Still, it was 40 years later before the Metro Kent Cold Case Team would arrest Thomas for the murder of Butler. Just this week, the Michigan Court of Appeals disagreed with Thomas's claim that he had been denied his constitutional rights to a speedy trial. Thomas had also claimed that the delay damaged the credibility of witnesses, as the lapse of time since the shooting must have compromised witnesses' memories. Because Thomas was not arrested for the offense at the time it occurred, the appeals court found that his constitutional right to a speedy trial had not been violated. According to the court, "Mere delay between the time of the commission of an offense and arrest is not a denial of due process. There is no constitutional right to be arrested." The appeals court also determined that Thomas's claim that witnesses' memories had deteriorated could not be shown to have affected the defense in his case, because the defendant could not show that any individual was capable of providing substantial proof of an alibi for Thomas at the time the crime was committed. Experienced Michigan criminal appeals lawyers understand the difficulties individuals who have been convicted of a crime face. There are occasions on which an innocent person is convicted. At other times, sentencing may seem extremely harsh, and out of line with the state's sentencing guidelines.

Arrested for DUI? Refusing a Breath Test Can Result in Driver's License Suspension

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Getting arrested for driving under the influence is a serious offense, however there are more implications for the driver than paying a fine and potential jail time. Did you know that refusing a chemical (breath) test can result in a one-year suspension of your driver's license? Under Michigan's Implied Consent Law (MCL 257.625c), an individual who operates a vehicle in a public place and who is arrested on suspicion of drunk driving is considered to have given his or her consent (implied consent) to submitting to a breath, blood, or urine test in order to determine if and how much of a controlled substance or alcohol is in that person's blood. If you refuse testing, your driver's license will be suspended for one year. Further, if you fail to request a hearing with the DAAD (Driver Assessment and Appeal Division) within 14 days, you automatically lose by default. When a person refuses a second breath test in relation to an offense that occurred within 7 years of the first, his/her license will be suspended for two years. Even if you are not found guilty of DUI or the offense you were charged with, implied consent penalties still stand. The good news is that if your license is suspended under the Implied Consent Law, it doesn't necessarily mean there is nothing you can do, and that you won't be able to drive for an entire year. An experienced Michigan driver's license restoration attorney may be able to help you obtain a restricted license, which will make it possible for you to drive to work, school, doctor's appointments, and for other reasons deemed necessary. However, if you appeal in circuit court, there is no guarantee that your license will be reinstated. This is why it is critical that you choose a lawyer who is skilled and capable in this area and who has a winning track record for obtaining positive results.

“Ex-agent testifies to good FBI reviews while taking Bulger bribes”

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Reuters on June 28, 2013 released the following: By Richard Valdmanis “(Reuters) – Now retired FBI agent John Morris testified that he received excellent performance reviews from the bureau in the 1970s and 1980s while he and a colleague accepted cash bribes from members of Boston’s violent Winter Hill Gang and protected them from arrest. […]

NPR: NSA May Have Been Collecting Email Data Since Sept. 11

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NPR: NSA May Have Been Collecting Email Data Since Sept. 11 by Larry Abramson and Robert Siegel ("All Things Considered").

"Mayor’s Office Moves to Undo Bill Aimed at Police Profiling"

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From the New York Times: In separate appearances, Mayor Michael R. Bloomberg and his police commissioner, Raymond W. Kelly, sought to portray the bills — one aimed at increasing oversight of the Police Department and the other at expanding the...

Los Angeles DUI Celebrity News Update: Reese Witherspoon “So Sorry” About Disrespect to Officer After Her Husband’s DUI

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Stories about celebrity DUIs in Los Angeles typically focus on the drivers who wreak havoc, hurt people, or say or do dumb things at checkpoints. toth-witherspoon-dui.jpg But that’s not always the case. Consider the fascinating DUI arrest of CAA agent, Jim Toth, husband of actress Reese Witherspoon. On April 19th (as this Los Angeles DUI blog and other sources reported), Toth got stopped in Atlanta on suspicion of DUI. Witherspoon, who was in the car, made ridiculous, panicked statements to the officer -- including accusing him of not being a "real" police officer – comments which got her arrested for attempting to intervene and disorderly conduct. She has since profusely apologized. She recently appeared on Good Morning America to talk about her new independent film, Mud. Host George Stephanopoulos brought up the DUI -- and Witherspoon’s less than elegant comments to the officer: “You’ve been under the spotlight your whole adult life, and this doesn’t sound like the Reese Witherspoon we've grown to know.” Witherspoon agreed and said “I have no idea what I was saying that night. I saw him arresting my husband, and I literally panicked. And I said all kinds of crazy things. I told him I was pregnant. I am not pregnant. I am so sorry.” Witherspoon said she particularly regretted the disrespect, because she has police officers in her family, and she works with police every day: “I know better. It’s just unacceptable.” She also discussed how difficult it was to talk to her young children about the acts. She told Stephanopoulos “we are taking responsibility and doing everything in our power to make it right. You just have to be honest with them [her kids].” The Oscar winning actress’s weird post-DUI behavior is not atypical. In fact, lot of people arrested for driving under the influence in Los Angeles behave in ways they never imaged they could behave. Some people leave the scene of accidents -- obviously a big no-no. Others lash out at police officers or break down emotionally. In fact, many of the stories that we discuss here on this Los Angeles DUI blog are “newsy” because they highlight this tendency that DUI drivers often exhibit -- to exacerbate problems after the fact. It’s bad enough if you get stopped at a Los Angeles DUI checkpoint and blow a 0.16% BAC on the breath test (twice the limit, per California Vehicle Code Section 23152(b)). It’s worse if you complicate the situation by punching an officer, driving away from the scene of the crime, lying, or engaging in other fishy behavior. So why do people do this? Why do they metaphorically “throw good money after bad” – i.e., put themselves at risk for enhanced/additional charges for no reason? This is a Los Angeles DUI blog, not a psychology blog. But undoubtedly our primitive brain is (at least to a degree) responsible. When we see threats in nature (be they saber-tooth tigers or police cars with flashing red lights), we engage in defensive behaviors: freeze, flight, or fight. • The “freeze” behavior corresponds to a driver’s failing to respond to officer questions. • The “flight” response corresponds to hit and runs or attempts to flee Los Angeles DUI checkpoints. • The “fight” behavior corresponds to the lashing out – ranging from Witherspoon’s verbal misbehavior in Atlanta to other suspects' attempts to fight with officers. To unpack what's happened to you and figure out the best way forward, connect with a Los Angeles DUI defense attorney at the Kraut Law Group. Mr. Kraut is an experienced and battle-tested lawyer who worked work many years as prosecutor (Senior Deputy District Attorney for LA).

2013 Colorado State Legislature Takes An Arrow Out Of DA Quiver In Colorado Bail Bond Violation Cases - HB 13-1242

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Colorado Violation Of Bail Bond Conditions 18-8-212 On May 28, 2013 - the governor of the state of Colorado John Hickenlooper signed HB 13-1242 which impacted Colorado Revised Statute 18-8-212. The latter law governs so called "technical" Bail Bond violations. The change was called "Concerning a Repeal of the Mandatory Sentencing Requirement for Violation of Bail Bond Conditions for Certain Offenders." What does the law do? HB 13-1242 took away power from the prosecutors of this state by repealing (removing) the mandatory sentencing provisions of the old law for other than those who fail to appear with the "intent to avoid prosecution or sentence" and for sex offenders. For all others - a conviction under the new law for a bail bond violation permits a sentence to probation. Stated another way - the new law permits individuals who have been charged with only TECHNICAL VIOLATIONS of their bond ( technical violations consist of things such as missing a urinalysis - being late for an appointment with a pretrial counselor and the like) to apply for probation . Why Is This Important? Because the new law allows these "technical bail bond violators" the right to apply for probation - they can avoid the threat of harsh mandatory jail sentences for misdemeanor offenses and mandatory prison for felony offenses.. this is a big deal at many levels. NOTE HOWEVER - if the bail bond violation is for the commission of a NEW CRIME - the law remains unchanged - including the mandatory jail or prison sentences provided for in the old law. Here is the law: (The changes are in CAPITAL LETTERS ) Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 18-8-212, amend (3); and add (3.5) as follows: 18-8-212. Violation of bail bond conditions. (3) A person convicted under this section WHO FAILS TO APPEAR FOR A COURT PROCEEDING WITH THE INTENT TO AVOID PROSECUTION OR SENTENCE OR A PERSON WHO IS CONVICTED OF COMMITTING A MISDEMEANOR OR FELONY CRIMINAL OFFENSE COMMITTED WHILE ON BOND shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail. (3.5) A PERSON WHO IS ON BOND FOR A SEX OFFENSE AS DEFINED IN SECTION 18-1.3-1003 WHO IS CONVICTED UNDER THIS SECTION FOR A BOND VIOLATION SHALL NOT BE ELIGIBLE FOR PROBATION OR A SUSPENDED SENTENCE AND SHALL BE SENTENCED TO IMPRISONMENT OF NOT LESS THAN ONE YEAR. ANY SUCH SENTENCE SHALL BE SERVED CONSECUTIVELY WITH ANY SENTENCE FOR THE OFFENSE ON WHICH THE PERSON IS ON BAIL. H. Michael's Take: Prosecutors with weak Colorado criminal cases - before this law was changed - would use the most minor of technical violations for those on bond to file the new charge of Violation of Bail Bond Conditions under 18-8-212. Because of the mandatory jail or prison sentence provisions in the law - this gave an unfair advantage to the DA and would force the settlement of a weak case where that case should have been tried to a jury. That now - cannot happen.

Selbstleseverfahren, Band 10

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Zu unserem 10. Selbstleseverfahren ist eine besonders lesewertes Auswahl gelungen! Unter dieser Rubrik veröffentlichen wir -ähnlich einer juristischen Presseschau- regelmäßig Links zu interessanten Nachrichten, die Sie im Selbstleseverfahren rezipieren können.Fehlurteile: Vom Rechtsstaat vernichtetGeorg M. Oswald über 55 gute Gründe für den AnwaltsberufRAF-Desaster in Bad Kleinen: Erschütternder EinsatzProfessoren kritisieren Reform des Jurastudiums: Abschaffung der SchwerpunktbereicheVon Bienenvölkern und Beschneidungen: Die Geschichte des BGBProstitutionsring für Priester in Rom aufgeflogenSchilderung eines Kindesmissbrauchs in E-Mail nicht nach § 184b Abs. 2 StGB strafbar Außerdem heute neu: Die Ausgabe 6/2013 der Online-Zeitschrift für Höchstrichterliche Rechtsprechung im Strafrecht mit vielen spannenden Entscheidungen und Aufsätzen. Hier gibt es Band 1234567, 8 und Band 9 noch einmal zu lesen.

VT - Recidivism report eyes child sex crimes

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Original Article 06/29/2013 By KEITH WHITCOMB JR. BENNINGTON - The rate at which those convicted of sex crimes against children go on to commit other crimes after being convicted is 20 percent, according to a report released Wednesday by the Vermont Center for Justice Research. Slightly over 1 percent, however, commit a new sex crime. The report, titled "Sexual Crimes Against Children: A Study of Offender Recidivism" was completed in January, said Max Schlueter, director of the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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