Laurène Soubise and Alice Woolley (University of Warwick and University of Calgary) have posted Prosecutors and Justice: Insights from Comparative Analysis (Fordham International Law Journal, Forthcoming) on SSRN. Here is the abstract: This paper compares prosecutorial practices, regulation, norms and...
Soubise & Woolley on Prosecutors and Justice
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Supervised Release Marks Two Year Milestone
The Supervised Release Program held its first annual recognition ceremony to acknowledge clients who have fulfilled their supervised release obligations. Clients could speak on what supervised release means to them as individuals and the positive impact the program had on their lives. This ceremony holds even greater significance for supervised release as this was also an opportunity to commemorate its two-year anniversary. The numbers do not lie. In 2017 in The Bronx, 93% of supervised release clients attended their next court appearances consistently and their rate of non-felony re-arrests was 96%. I had the chance to speak with the individuals who help to manage the Supervised Release Program and ask them a few questions regarding where the project stands and what will it look like in the future. Here are some of their answers: What would you say has been the most significant accomplishment of the program and its staff? "[The] Most significant…
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Young Players and Sports Betting: The Law in Chicago
Effective betting control acts and legislation involve a lot of moving parts within the sporting business, IRS, and in the judicial system. These acts call upon players, judiciary, and most importantly the general public. They require the active participation of all these key players in order to make betting safe and profitable to all involved parties. As a result, it is important for legislation to clearly highlight what qualifies as a legal bet and what does not. Traditional Gambling or Online Gambling Over the past few years, online gambling has grown out of the shadows to dominate over traditional gambling. This skyrocketing trend of online betting is largely attributed to technological advancements that allow young gamblers to place their bets from virtually anywhere in the world. An example is the futuristic stock market-like platforms that are fueled by massive networks of internet devices ranging from microchips to smart devices that crunch real-time data and present it…
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Prez Trump suggests to reporters there will be more episodes of "Celebrity Clemency"
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Molestation or Battery? Florida Court Weighs in on Movie Theatre Case
There are a number of potential defenses available to a person charged with a Florida sex crime. That includes arguing that he or she should at most be convicted of a lesser crime that isn’t considered a sex offense. Florida’s First District Court of Appeal recently explained how judges weigh requests to instruct a jury about lesser offenses. A defendant was charged with lewd or lascivious molestation of a child under the age of 12, stemming from an incident with his stepdaughter at a local movie theatre. Moments into the movie that he had taken the girl to see, he allegedly asked the girl if he could touch her breasts. The girl consented, according to the court, and he proceeded to touch her breasts. The girl told her mother about the incident roughly one year later, after the mother asked the girl specifically if he had ever touched her inappropriately. The defendant admitted to the incident and reported himself to the Department of Children and Families. He later…
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WHERE DOES YOUR LAW SCHOOL RANK?
The Blawg Above The Law has their new law school rankings. 1)University Of Chicago2)Virginia3)Duke 4)Harvhard5) Stanford round out the top five. Yale came in at 7; Colombia at 13 and NYU at 14, and to the chagrin of Judge Moreno, Notre Dame barely made the top 20 at 18. University of Utah is #50.Tactics:The way we practice law, if some jadrool spoke to us like this, we would call him on his threat in a second. Those who can....do. Those who can't...threaten. Site Feed
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Georgia teacher facing fraud charges fired
When it comes to managing the money of an organization, there often may be multiple people who are in charge of it. This could make it difficult to account for how that money is being spent. Unfortunately, a teacher in Georgia, accused of fraud, was recently fired from his position as a result of the criminal charges against him. The man's arrest stemmed from an anonymous complaint made in May 2017. According to reports, both the tipster and the teacher were members of a local teachers' association; the accused man served as the president. The tipster claimed that over $66,000 was stolen from the organization, and either the president or the treasurer may have been responsible. As a result of the investigation, the teacher who reportedly served as president faces multiple counts of financial card fraud. He is accused of using the association's funds to pay for vehicle rentals, airline tickets, hotels and restaurants. Recently, the school board of the district…
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How Marital Status Can Enhance Texas Sexual Assault Penalties
A recent case reveals how Texas law employs harsher punishments for sexual assault in marriage. How exactly does that work? Here is the case in question: A man received a sexual assault conviction for having sex with a minor girl who was his son’s friend. Because the man was married, the conviction was increased to a first-degree felony charge. The ruling was contested on the basis that the defendant should not have an enhanced charge simply because he was married. The Court of Criminal Appeals disagreed, however, determining the following: “We express no opinion whether we agree with any legislative assumption that married people are more trustworthy around children than their unmarried counterparts. Regrettably, men like Estes make such a belief difficult to hold. But, paradoxically enough, Estes’s case also serves as a reminder that the public perception in this regard is all too real. We are simply unwilling, at least on…
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Mayeux on Federal Judicial History and Criminal Justice
Sara Mayeux (Vanderbilt University - Law School) has posted Approaches to Federal Judicial History: The Federal Courts and Criminal Justice (Approaches to Federal Judicial History, Forthcoming) on SSRN. Here is the abstract: Mass incarceration has long constituted not only a...
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"Challenging the Punitiveness of 'New-Generation' SORN Laws"
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4 Defenses to Statutory Rape in Los Angeles
Statutory rape is unlike most other sex crimes in California. Most sexually-based offenses involve situations where one person forces another person to engage in sexual activity against his or her will. Statutory rape, however, does not necessarily have to follow this same pattern. In fact, the sexual behavior at the very center of statutory rape […]
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Making the case against nitrogen as an execution method
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CAN THE POLICE USE EVERYTHING I TOLD THEM AGAINST ME?
When the police came after you, you said some foolish things that you wish you could take back. Is there a way? The answer may turn on when you were legally under arrest. Generally, you are under arrest if a reasonable person in your shoes would feel they were not free to leave. If you could have walked away but didn’t, your statements may be used against you. If a reasonable person would not feel free to leave but no Miranda warnings were given, an attorney may be able to ask the court to suppress your statements. To determine when you are under arrest, Illinois courts look at the following factors: 1) the threatening presence of several officers; 2) an officer’s display of a weapon; 3) some physical touching of your person; and 4) the use of language or tone of voice indicating that you may be compelled to comply with the officer’s request. Additionally, Illinois courts look at: 1) the time, place, length, mood, and mode of the encounter between you and…
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Violation of an Abuse Prevention Order – Dismissed
CX, a 29 year old male consultant, and his former girlfriend, BH, had an up and down relationship. Unfortunately CX had a very short fuse and a very long temper and was prone to very angry outbursts against BH. Unfortunately for CX, he would communicate his outbursts against BH via text messages. CX and BH had previously lived in NY State and BH had obtained an Abuse Prevention Order against CX in NY. They both then moved to Massachusetts. Neither CX nor BH believed that the NY Order was effective in Massachusetts. That was their first mistake. Massachusetts, as does most states, has a law that makes an out of state abuse prevention order enforceable in Massachusetts as if it were an order from a Massachusetts Court. After they moved from NY to MA they broke up and CX began seeing some other women. On or about April 23, 2018 CX learned through a text message from BH that BH had spoken with another man. CX went ballistic and went on a text rant. CX texted to BH’s Mother:…
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Criminal records: Who needs to know?
As many as one in three adults has a criminal record, but no one expects their child to be one of them. It’s been a challenging road, but now, with lessons learned, you’re trying to help your child navigate the consequences of their decision. Having a criminal record in the U.S. means that just about everyone can find out, including current and future employers. With joblessness being a leading cause of recidivism, a change to the law was past due. In 2013, the state of Georgia decided that it would be awarding fresh starts to some people with criminal records. If eligible, criminal records restrictions, previously called expungement, can seal a criminal history, reducing some of the barriers to success. 3 ways criminal records restrictions can help Work. In the state of Georgia, applicants with a criminal history can compete for a job before disclosing any criminal records. The employer will still have the option of denying employment based on the…
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Common Complaints Bikers Have For Passenger Car Drivers
When it comes to motorcycles, passenger car drivers have plenty of complaints. From the sound, how they share the road, and the stigma of how they drive. There’s no doubt about it, your everyday driver likely has a little bit of an aversion to motorcyclists. But, there a few common complaints bikers have for you too… Common Complaints Bikers Have for Passenger Vehicle Drivers Driver’s Who Don’t Use Their Turn Signals One of the most common biker complaints is when driver’s don’t use their turn signals. By using your signals, you give a rider behind your or turning in front of you a heads up. Without it, they must gauge whether you are slowing down or not. Or the only warning they get, is when your brake lights come on right before you stop. This is especially dangerous for bikers because stopping on a dime can be quite difficult— much more difficult than for a passenger vehicle. Poor Road Conditions Another cause for biker…
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PATRICIA DEL RÍO, SE PUEDE MORIR MIL VECES, LAS IDEAS VIVIRÁN POR SIEMPRE
https://elcomercio.pe/opinion/rincon-del-autor/alegato-inconsecuencia-patricia-rio-noticia-524003 “Soy feminista, defiendo el aborto, peleo por la unión civil, creo en la democracia y en los derechos humanos por sobre todas las cosas. Y eso me granjea, como a muchos de ustedes, miles de enemigos que consideran que merezco algo así como morir violada en una zanja. Pero de ellos no espero nada mejor. Lo que me asusta, me deprime, me resulta incomprensible es que los que abrazan las mismas causas que yo pretendan que haya una sola forma de pelearlas. Una manera correcta de protestar. Una única táctica para defendernos, con un solo vocabulario y una serie de actividades elegidas”. MI POSICIÓN Patricia Del Río no sólo es bella, es inteligente y sin su presencia en RPP el programa de 08 a 10 de la mañana perdería, a mi juicio, el 50% de su calidad el otro 50% corresponde al señor Carvallo…
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Child pornography conviction reversed on appeal
Last month, the Georgia Court of Appeals reversed a conviction for child pornography after holding that prosecutors did not present sufficient evidence at trial that Steven Lindley possessed child pornography. At the heart of the case was a computer tablet seized by law enforcement that contained images of child pornography. After law enforcement searched Lindley’s… The post Child pornography conviction reversed on appeal appeared first on Pate & Johnson Law Firm.
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Details Matter: Using the Specifics of a Maryland Statute to Avoid a Conviction for a Crime that Doesn’t Match the Facts of Your Case
Sometimes, in popular media, you might run across people who criticize the operation of the American justice system. They complain about accused people who avoid punishment due to what they think are “technicalities.” Sometimes, though, those issues aren’t minor technicalities at all; they are results of critical errors by the prosecution, like charging the defendant with a crime of which the elements do not match the facts of the case as established at trial. When these things happen to you or a loved one, it is important to have a skilled Maryland criminal defense attorney on your side to protect your rights. One recent case that originated in Washington County served as an example of the facts not fitting the crime charged. The defendant, David, was on trial facing some very serious allegations. According to the state’s case, David had installed a secret video camera in the only bathroom in his home. David then allegedly used that camera to capture…
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The Automobile Exception Does Not Apply to Vehicles Within the Curtilage of the Home
In a case that was recently decided by the United States Supreme Court, the issue was whether the police could go onto a suspect’s property and search a vehicle that was in the driveway under a partially enclosed portion of the house, likely something built to provide shade for the vehicle. In this case, the police were searching for a stolen motorcycle. They believed the motorcycle was located at the house in question. When they arrived, they saw what appeared to be a motorcycle under a tarp in the driveway. The police officer walked onto the property, looked under the tarp and ran the tag of the motorcycle. After determining the motorcycle was stolen, the owner of the house was arrested. The criminal defense attorney filed a motion to suppress the evidence of the stolen motorcycle because the police officer did not have a legal basis to search it on the defendant’s driveway. There are a couple of legal principles involved here. There is something…
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