Here are a few odds and ends that merit readers' attention:Learning the ropesPolitico ran a nice feature on Nueces County DA Mark Gonzalez, focusing on his much-ballyhooed "biker gang" connections.Proponents of revenge-porn restrictions must face 1A contradictionsHouston attorney Mark Bennett picks apart a forthcoming law review article trying to salvage a legal justification for Texas' anti-revenge porn law. Prosecutors and legislators hoping to rewrite the law after the Texas Court of Criminal Appeals inevitably strikes it down on First Amendment grounds should/must suck up and solicit Bennett's advice. Ignoring him in 2015 is what got them in this mess. And they should be prepared: for reasons demonstrated in the above-linked blog post, his advice may well be that they simply can't get where they hope to go.Zero tolerance makes zero senseI thought zero-tolerance policing was fading out of style, but Austin PD announced they'd focus a…
Zero tolerance makes zero sense, and other stories
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Sekhon on The Second Amendment in the Street
Nirej Sekhon (Georgia State University College of Law) has posted The Second Amendment in the Street (Northwestern University Law Review Online, v. 112, p. 271, 2018) on SSRN. Here is the abstract: Commentators have predicted that the Supreme Court's decisions...
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***Update*** Crashing Blocking I-84 near Orchard
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: May 7,2018 4:40 p.m. Please direct questions to the District Office Final Update: ----------------------- On May 7, 2018, at 12:08 p.m., the Idaho State Police investigated an injury crash westbound on I84 at milepost 52, just past the Orchard Road exit. Francis Hitchcock, 74, of Boise, was driving westbound on I84 in a blue 1994 Dodge Van. Timothy Ammann, 46, of Nampa, in a maroon 2004 Ford F250, and Kevin Sulgrove, 52, of Emmett, in a red 2000 Chevrolet Monte Carlo were also westbound. Hitchcock struck Ammann from behind, then spun into Sulgrove's vehicle. Sandra Ammann, 42, of Meridian, was a passenger in Timothy Amman's vehicle and was transported by…
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Financial Services Company Scams Over $4 Million from Retirees
A federal investigation of a company in Irvine that offers financial and insurance services has led to charges for three executives of the firm who have allegedly been found to have stolen investments totaling over $4 million from several elderly clients. 50-year-old Mehmet Fatih Biyikoglu is the CEO and founder of Five Star Financial Services, LLC, a financial management and insurance firm in Orange County. 58-year-old Anna Marie Holt serves as the company’s president and chief operating officer, and Ida Shaghoian, 38, was a sales agent who was also once married to Biyikoglu. The company practices have been under investigation that has led to accusations against Biyikoglu, Holt, and Shaghoian purporting that between 2014 and 2015 they recruited clients, typically elderly people, and assured them that if they invested into certificates of deposit they would earn significant returns. Instead of taking the clients’ money and putting it into a JP Morgan Chase Bank CD…
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We Don’t Know What We Don’t Know
My DVR at home is full of science shows. Yes, I love physics and cosmology. In the same way that I am bored by the formula found in most romantic comedies, science shows have a similar predictable format: “Interview a few geniuses who have it all figured out. Theory XYZ explains that the universe started like this, or gravity works like that, or subatomic particles behave like this, or humans evolved like that.” Hum. Does science really have it all figured out? Here are some gentle reminders that geniuses are not as smart as we think we are: “There is not the slightest indication that nuclear energy will ever be obtainable.” – Albert Einstein, 1932 “I think there is a world market for maybe five computers” – Thomas Watson, IBM Chairman, 1943 “Heavier-than-air flying machines are impossible.” – Lord Kelvin, 1895 “... my imagination refuses to see any sort of submarine doing…
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Suzuki & Wood on Restorative Justice Conferencing
Masahiro Suzuki and William Wood (Griffith University, Faculty of Arts, Education and Law, School of Criminology and Criminal Justice, Students and Griffith University - School of Criminology and Criminal Justice) have posted Restorative Justice Conferencing as a ‘Holistic’ Process: Convenor...
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Examining whether nitrogen gas could be a viable new method for executions
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Reviewing the feds increased pursuit of ever more federal gun cases
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New and improved version of federal prison reform bill to be considered by House Judiciary Committee
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CYBERSTALKING AND SEXTING CAN BECOME A HATE CRIME IN ILLINOIS
As of January 1, 2018, sexting or cyberstalking can take on an added dimension. The Illinois Hate Crime statute now includes intimidation, stalking, cyberstalking and transmitting obscene messages within the offense. To be convicted of a hate crime on this basis, you must have intimidated, sexted, stalked or cyberstalked the other person because of their actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability or national origin. Generally, hate crime is a Class 4 felony for the first offense, punishable by 1 to 3 years in prison, but bumps up to a Class 2 felony, punishable by 3 to 7 years, for later offenses. Hate crime becomes a Class 3 felony (2 to 5 years) for a first offense if the crime is committed at a church, cemetery, school or public park. Besides criminal penalties, the victim of a hate crime may sue you in civil court. Therefore, it is particularly important to be careful in handling your…
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What Percent of Child Sex Abuse Claims Are False?
If you face a false allegation of child sex abuse, you may wonder: What percent of child sex abuse claims are false? According to the non-profit Leadership Council on Child Abuse & Interpersonal Violence, one study showed a rate of 4.7 percent to 7.6 percent of false allegations among reports of child sex abuse. Another study found a rate of 2 to 10 percent of child abuse claims were false. While both studies indicate that the vast majority of child abuse claims are true, if you or a loved one are among those 10 percent of persons falsely accused, then knowing that most claims are true is no comfort. It’s time you seek help defending your legal rights. The reality is that the percentage of false claims might be even higher. In other studies of reported child sex abuse cases from the 1980s and 1990s, false accusations were as high as 35 percent. The reason for these higher percentages of false abuse claims may be due to those studies including not just deliberate…
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C-SPAN's Landmark Cases series examines 1976 SCOTUS decision in Gregg v. Georgia
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Innocence Blog Mother’s Day Series: Rosie and Lamonte McIntyre
Lamonte McIntyre’s mother, Rosie McIntyre, raised him and his five siblings to believe in the justice system. That belief was shattered when Lamonte was arrested in 1994 at age 17 based on false and manipulated eyewitness identification. Five months later, Lamonte was wrongly convicted in Kansas of a double murder. From the moment Lamonte was arrested until he walked free in 2017, Rosie stood by her son’s side. When everything seemed bleak, she helped Lamonte hold onto the belief that someday he would be free. The first eight years were the most painful for Lamonte and Rosie, as they both adjusted to what they knew would be a long battle. Sometimes, it felt like they were both in prison. When most families were gathered together over delicious holiday meals or celebrating birthdays with cake and ice cream, Rosie and Lamonte were huddled together in the cramped and noisy prison visiting room. Rosie kept track of anything and everything that could help him, and for…
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"Are Elderly Criminals Punished Differently Than Younger Offenders?"
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Transportation Safety Regulations Were Rolled Back by the Trump Administration
A series of horrific accidents, some of them in Georgia, led to pressure for stricter transportation safety regulations. However, safety advocates are concerned they are being rolled back in the era of Donald Trump. A report on WNYC noted one of the crashes that was a catalyst for new rules occurred in June 2015 in an Interstate 75 construction zone in Chattanooga, Tennessee. An 18-ton tractor-trailer going about 80 miles-an-hour failed to slow down despite numerous warning signs and crashed into eight vehicles. Six people died and another four were injured. The driver was convicted of vehicular homicide and other charges in 2018. In response to serious crashes like this, the Obama administration proposed new rules requiring that new heavy trucks were fitted with potentially life-saving software that would control speed limits in 2016. Transportation safety regulations for trucks are rolled back However, in a new climate of deregulation ushered in by President Donald Trump the…
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Can You Bring Children to Court?
Very few people like to go to court if they can avoid it. It takes us out of our normal routines and responsibilities that include jobs, school and raising a family. We often don’t have an option; we are compelled to appear. We then need to make decisions regarding who we will handle our necessary responsibilities when we are called away, which includes childcare. It may seem that the simplest solution is to bring our kids with us. Nevertheless, there are some very good reasons why we should think twice before doing so, since the court system is not designed to handle children. While you should always check beforehand, it almost certain that there won’t be an outright prohibition or rule preventing you from bringing your child to court. However, there are many factors to consider beyond that simple right. Factors to Consider When Bringing Kids to Court First and foremost, the model behavior expected in a courtroom is respect and decorum. This means it is…
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Melania's "Be Best" Copies FTC Guide from Obama-Era
Melania Trump had a big to-do yesterday announcing her kids' project called "Be Best". Aside from not understanding what that means (why not "Be the Best" or "Be Your Best Self" or something that made grammatical sense) it turns out her project... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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“Drug Recognition Evaluations” in New Jersey DWI Cases
New Jersey’s driving while intoxicated (DWI) statute does not limit the offense to alcohol. It also includes any “narcotic, hallucinogenic or habit-producing drug” that might impair one’s ability to drive. The statute makes proving impairment by alcohol rather easier for the state by identifying a specific level of blood alcohol content (BAC)—0.08 percent or above—that creates a legal presumption of intoxication. In cases in which police suspect impairment by something other than alcohol, or in which the BAC is below the legal limit, but they still suspect intoxication of some sort, they may bring in a “drug recognition expert” (DRE) to evaluate the suspect. DREs receive training in identifying signs of impairment by various drugs, but both their methodology and the scientific validity of their evaluations remain questionable. In fact, it is junk science that is less than 50% reliable — less reliable than a flip of a coin.…
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Studies Find Undocumented Immigrants Are Not Causing A Crime Surge
Texas is on the frontline of illegal immigration with its border of more than 1,200 miles with Mexico. The state has also seen the enactment of a controversial ‘sanctuary cities’ law that allows police officers to inquire about a suspect’s nationality. Despite an intense national debate about immigration and crime, four new academic studies suggest illegal immigration does not increase the likelihood of violent crime or alcohol or drug problems. A report on NPR noted the findings were showcased in the peer-reviewed journal Criminology. The research was motivated by the anti-immigration stance of the Trump administration. Michael Light, a criminologist at the University of Wisconsin, Madison, looked at the question of whether the recent rise in illegal immigration over the last 30 years led to a jump in the violent crimes of murder, rape, robbery and aggravated assault. Light found no evidence of a correlation between the rise in undocumented immigration…
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Fatal Crash SB US95 at 294.5
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 2 Patrol 2700 North and South Highway Lewiston, ID 83501-1732 (208) 799-5151 Fax (208) 799-5146 For Immediate Release: 05/08/2018 2:30pm Please direct questions to the District Office On April 8th at 10:12 p.m., an injury crash occurred on US95, south of Lapwai, Idaho. A maroon 1997 Ford F-150, driven by Kenneth W Simmons, 58 years old, of Ferdinand, Idaho was travelling southbound when he left the roadway, striking several trees in the process. Simmons was not wearing a seatbelt and was taken from the scene to St. Joseph Medical Center and was later flown to Sacred Heart in Spokane. On April 22nd at 4:08 p.m., Simmons succumbed to his injuries. Next of kin have been notified. The investigation is continuing. MRW -------------
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