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News Scan

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4x Arrested Car Thief Charged with Murder of Police Officer.  Saliqa Khan, Jayne Miller, and Kai Reed report for WBAL that the accused killer of Baltimore Officer First Class Amy Caprio has been denied bail.  " 'Your client, in the last six months, is a one-man crime wave,' a Baltimore County judge said during the bail hearing."  Allegedly, the suspect was the getaway driver in a burglary, and he intentionally ran down Officer Caprio when she checked out his suspicious vehicle.  Miller reported yesterday on Twitter, "At time of killing of Baltimore County police officer, 16 yr old suspect was AWOL from house arrest in juvenile system in Baltimore. 4 arrests for car theft over about 5 months. Stole car while in program in Montgomery Co in March."

Kamali on Anger in Medieval English Felony Cases

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Elizabeth Papp Kamali (Harvard Law School) has posted The Devil's Daughter of Hell Fire: Anger's Role in Medieval English Felony Cases (Published by Cambridge University Press in Law and History Review, Vol. 35, Issue 1 (February 2017), pp. 155-200, The...

Arizona Supreme Court strikes down state legislation prohibiting medical marijuana on college campus as inconsistent with voter initiative

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The Arizona Supreme Court has issued a series of opinions giving broad effect to the Arizona Medical Marijuana Act, which was enacted by voters as Proposition 203 in 2010. The latest example of such an opinion was handed down today in Arizona v. Maestas, No. CR-17-0193-PR (Az. May 23, 2018)...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/qa6FxQEMNLY" height="1" width="1" alt=""/>

The Hard Truth About Recidivism

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Rehabilitation is a beautiful thing.  The story of a person who previously followed a life of crime seeing the light, turning himself around, and becoming a productive and law-abiding member of society warms our hearts.Regrettably, it is very much the exception, not the rule.  Most criminals released from prison go right back to their old ways.Criminologists measure recidivism by a new arrest after release.  This measure is imperfect, to put it mildly, because arrest does not equal guilt.  Not all arrested are guilty, and not all guilty are arrested.  Given the low clearance rate for crimes (46% for violent and 18% for property in the 2016 CIUS), the latter problem is the bigger one by far.  That is, the real recidivism rate is much higher than the reported rate because the perpetrator does not get caught for most crimes.The recidivism rate for a cohort of released criminals also depends on how many years you follow up.  If a…

Is My Employer Liable for My Injuries If They Occurred at a Company Retreat?

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You’ve been waiting months for your workplace’s company retreat. While you still have to partake in work functions, you can enjoy a change of scenery, nice weather, meet new people, and relax. But, what happens if you get hurt on your company retreat? Is your company responsible for your injuries or are you? Don’t worry. We will explain. First of all, you should know that workers’ compensation is responsible for covering injuries suffered by an employee during the course of employment. As of now, there are no set-in-stone guidelines as to whether or not an employee who is hurt at a company retreat or work-related event is entitled to workers’ compensation. But, there are a few issues to be considered if you are the victim of this type of injury: Whether or not the event was mandatory or voluntary Company’s/employer’s involvement in the event Policies describing company retreats and other related offsite functions Mandatory/Voluntary…

First Offense for Marijuana: Will I Just Pay a Fine? 

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It starts just like any other traffic stop; you were speeding, rolled a stop sign, or some other mild infraction. But, unlike other mild stops, you have a bag of weed in your car… A bag of marijuana that smells quite a bit, and now, police are searching the vehicle. This isn’t a great scenario for you, but you know that this is your first offense. So, you’ll just pay a small fine and it’s smooth sailing… right? In most scenarios, yes. But, sometimes this isn’t the case. First Offense for Marijuana: Will I Just Pay a Fine? You can still face jail time for your first offense possession charge. Both possession of paraphernalia and possession of marijuana are misdemeanor charges. Possession of paraphernalia carries a fine up to $500 and up to thirty days jail time. Possession of weed carries a fine of $100 to $200 and up to thirty days jail time. Therefore, your punishment will be based on the circumstances surrounding your arrest. In…

Miguel Ángel Rodríguez Mackay y la muerte de humanos que no piensan como él.

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https://diariocorreo.pe/opinion/bloqueo-y-no-invasion-para-venezuela-820427 ¡¡DIOS MÍO!! Cuantos crímenes "democracia" se cometen en tu nombre!! “Si acaso se tenía duda acerca de la ilegitimidad, ilegalidad e inconstitucionalidad del Gobierno de Maduro -con creces las tuvo desde que asumió el poder a la muerte de Hugo Chávez (2013) y las reconfirmó al deshacerse de la Asamblea Nacional (Parlamento venezolano) que limpiamente la oposición ganó liderarla en las elecciones de 2015-, la farsa eleccionaria del último domingo ha consumado, en modo indubitable e inoponible por donde se lo mire, su condición de régimen de facto.” “……….será decidir el bloqueo continental a Venezuela. Será darle en la porción más vulnerable a la dictadura. Ese nivel de presión en el siglo XXI es letal, sino miremos…

Atiq on Doubt and Retributivism

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Emad H. Atiq (Princeton University - Department of Philosophy) has posted What Unconditional Credence in Individual Desert Claims Does Retributivism Require? (University of Illinois Law Review, 2018) on SSRN. Here is the abstract: Punishing a person based on low unconditional...

Pennsylvania Judge Vacates 1991 Rape Conviction of Man Who Wrongly Served 28 Years for a Crime New DNA Evidence Proves He Didn’t Commit

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Case Marks the 31st Wrongful Conviction or Indictment Involving Erroneous Bite Mark Evidence  (Pittsburgh, PA – May 23, 2018) Today, a court in Westmoreland County, Pennsylvania vacated the 1991 rape conviction of John Kunco based on new DNA evidence proving his innocence. In addition to the DNA evidence, attorneys also discovered evidence showing that Kunco had a corroborated alibi showing his whereabouts at the exact time of the crime. After wrongly serving 28 years, Kunco is expected to be released on bail at approximately 6:30 PM ET today from Westmoreland County Prison. The case was adjourned for 90 days for the district attorney to decide how to proceed with the case. Related: DNA Proves Two Men Served a Combined 36 Years for a Crime that Never Occurred Kunco’s conviction was obtained primarily through the introduction of bite mark evidence, a discredited technique that the Innocence Project has long advocated should be abandoned…

Two great new long reads from The Marshall Project

"The Newest Allies for Pot Legalization: Conservatives"

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The title of this post is the headline of this notable new piece from The Crime Report. Here are excerpts: Current president Donald Trump doesn’t seem to believe in anything more intoxicating than cola — his elder brother died of alcoholism-related causes — but he’s been of at least two...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/jOPwsWQ2wrc" height="1" width="1" alt=""/>

U.S. and Brazil Start Permanent Forum on Security

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  On May 22, 2018, the United States and Brazilian governments issued a joint statement following the start of the U.S.-Brazil Permanent Forum on Security. The initiative arose during a meeting in Brasilia at which U.S. Deputy Secretary of State John J. Sullivan was accompanied by the Assistant Secretary for Economic and Business Affairs Manisha Singh and Acting Assistant Secretary for Western Hemisphere Affairs Francisco Palmieri. The Acting Minister of Foreign Affairs, Secretary General Marcos Garvão hosted the U.S. delegation in a working lunch and a meeting where they discussed several aspects of the U.S.-Brazil partnership. The start of the Permanent Forum on Security arises from “consistent cooperation between the United States and Brazil on fighting transnational crime, and based upon the strengthening of collaboration of law enforcement and security agencies in both countries.”[1] The Brazilian Ministry of Foreign Affairs and the U.S. State…

When a Warrant Has Been Issued in Your Criminal Case

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Hearing that an arrest warrant has been issued against you may send you into a panic. You may envision being pulled over for minor infractions and being taken to jail after the warrant is discovered, or having the police show up at your home or place of business. While these scenarios do occur, the fact is that actions taken by law enforcement largely depend on the specific criminal charges and the circumstances surrounding a person's case. An arrest warrant is nothing to take lightly, however, and is something you should consult an experienced criminal defense attorney on right away to ensure your rights and best interests are protected. California Arrest Warrants An arrest warrant can be issued whenever the law is broken, whether it involves a traffic ticket, a white collar crime such as fraud or embezzlement, or more serious and violent criminal offenses. Under the California Penal Code, a law enforcement official can arrest you at…

Larkin on Ignorance of Law

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Paul J. Larkin (The Heritage Foundation) has posted The Folly of Requiring Complete Knowledge of the Criminal Law (Liberty University Law Review, Forthcoming) on SSRN. Here is the abstract: Some hoary criminal law maxims still are sensible today. The presumption...

¡JUVENTUD DIVINO TESORO!

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Es muy extraño lo que sucede o es un índice de lo poco que le importa a las personas el Perú y sus problemas. No han transcurrido más de tres horas desde que compartí una foto de mi hija y nietos y veinticuatro personas la encontraron agradable para sus ojos y comentarios adicionales, ello significa que los navegantes NO siendo mis amigos virtuales, gracias a otros contactos -no muchos felizmente- toman conocimiento de lo que publico. Si esa fuera la realidad ¿Por qué no opinan sobre lo que escribo, en todos los casos temas debatibles?, será la ley del menor esfuerzo que no pasa de mirar y comentar "que bonita familia", ¡Cuanto han crecido los chicos! y precisiones muy parecidas. A las personas y jóvenes actuales aparentemente no les interesan las desgracias de nuestra Nación, o su manejo del lenguaje no les permite comprender los temas que someto a debate y por ende, no están…

ILLINOIS DUI FIELD SOBRIETY TESTING: HOW WELL DID YOU FOLLOW INSTRUCTIONS?

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If you are stopped for an Illinois DUI, the officer will likely ask you to perform field sobriety tests. Refusing these tests increases the length of your driver’s license suspension but may improve your chances of winning at trial. If you take the tests, however, a lot may depend on to how well you follow instructions. In Illinois, the officer often starts with the horizontal gaze nystagmus (HGN) to test how your eyes follow a pencil. The HGN is not often used as evidence at trial. However, in People v Tatera, the state was allowed to use the HGN test to show how the defendant disobeyed the officer’s instructions by failing to keep his hands out of his pockets and at his side. The HGN is usually followed by the walk-and-turn. In that test, you must count and walk nine steps in a straight line, heel to toe, turn using small steps, then count and walk nine paces back. Apart from keeping to a straight line, a court looks at how well you followed instructions. …

Prez Trump posthumously pardons boxer Jack Johnson

How Possession vs. Promotion of Child Pornography Charges Differ in Texas

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Widespread police sex sting operations snare many people from all walks of life on a regular basis. If you or a loved one face a charge for child pornography, it’s important you understand the different charges for possession versus promotion of child pornography. First, you should know that child porn is considered any sexually explicit material on the internet — videos, photographs or other images — featuring a minor or a child. Under Texas law, anyone under 18 is legally a child. Possessing such material is illegal, as is promoting or distributing such material to others. Texas and federal laws can both apply to possession and promotion of child porn. In fact, you could face both Texas and federal child porn punishments for the same offense, with each charge being tried in different courts (state court in Texas and U.S. District Court). Since we’re in Texas, let’s assess this state’s child porn laws first. Texas Child Porn Laws Texas law…

Newsweek Interviews Neal Davis About Texas School Shooting Sentencing

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While investigators try to understand what happened on the morning of May 18 at Sante Fe High School, and the entire nation mourns for the 10 people who were killed in the latest mass shooting, Galveston County, Texas courts are moving forward quickly with the prosecution of 17-year-old Dimitrios Pagourtzis, the suspected gunman. Pagourtzis was booked into county jail on one charge of capital murder of multiple persons and one charge of aggravated assault against a public servant. He has been denied bond. Now, the question looming on many people’s minds is: Can the state of Texas execute a minor charged with capital murder? Historically, the Lone Star State has executed 13 juveniles. In fact, Texas “leads the nation in the number of executions since the death penalty was reinstated in 1976,” per the criminal justice department’s website. But these juvenile executions were before a U.S. Supreme Court decision in a 2005 case ruled that the execution of…

June is False Allegations Awareness Month

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The rise of the #MeToo movement of women accusing men of sexual abuse has brought some justice, but the rush to judgment which often accompanies such accusations has brought another problem: horrible suffering to persons who are falsely accused of sex crimes. In this climate, long-standing legal standards such as due process and “innocent until proven guilty” are being threatened. Many people who have been accused of sex crimes are innocent, yet they face false allegations which can have life-changing consequences. With this in mind, June has been designated False Allegations Awareness Month in the U.S. Throughout the month, discussions and events will be held around the country to raise awareness of the problem of false allegations regarding sexual assault, child abuse, and other sex crimes. How badly are such efforts needed to raise awareness of the problem of rampant false allegations? Consider these statistics: In a recent nationwide phone survey, one in six…
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