Trying as hard as I could, it was still difficult to make sense of this: As for social justice, it’s a wonderful thing. But remember that people have very different versions of what social justice looks like. Many people in this room probably have a vision of social justice that includes less inequality, less racism, less Islamophobia, less homophobia, less transphobia, and better lives for indigenous people. But if you are a Trump supporter, social justice might also include, say, fewer refugees, and less affirmative action. In life, you have to be careful what you wish for. If you decide that social justice trumps the rule of law, you may be horrified to see how that principle is applied by those whose views you find to be regressive. Jonathan Kay writes to explain the virtues of due process, how it has served the goals of protecting the poor and downtrodden. But in doing so, his use of “social justice,” a “wonderful thing,” is so vague and…
Short Take: Co-Opting “Social Justice” Into The Rule of Law?
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The Benefits of a Collaborative Divorce
Collaborative divorce involves a voluntary agreement by both parties to attempt to resolve their divorce out of court. North Carolina has specific laws that apply to collaborative divorce and the role of attorneys in this process. The role of the collaborative divorce attorney is critical to this process because they are required to avoid litigation. If the collaborative process fails and the parties must go to court, the collaborative divorce attorneys must withdraw their representation under North Carolina law, and the parties must hire new attorneys. So the collaborative divorce process incentivizes attorneys to find a solution to your issues without resorting to litigation. It also has several benefits for clients. Resolve Your Legal Issues Faster Going to court is typically a lengthy process. When you agree on matters outside of court, things can proceed much faster. A related benefit of collaborative divorce is that is typically less stressful for everyone, including your…
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The Irony Of The FBI. What Did The Bureau Know And When Did The Bureau Know It?
If Congressman Trey Gowdy is to be believed, and I see no reason not to believe him, this should be an interesting week in Washington. According to Gowdy, Speaker Paul Ryan read the riot act to the DOJ and FBI...
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Kellen Winslow II Pleads Not Guilty to Rape & Kidnapping, Remains Jailed
Former NFL tight end Kellen Winslow II remained in jail Friday with no bail after pleading not guilty to multiple counts of kidnapping, rape and other charges. The 34-year-old was ordered to return to San Diego County Superior Court on June 25 for a preliminary hearing. If convicted, Winslow could face a maximum sentence of life in prison. Prosecutors allege Winslow began a crime spree last March that included rapes, kidnappings, indecent exposure and burglary and continued until just before his arrest this week. According to charging documents, he allegedly kidnapped and raped a 54-year-old woman on March 13 and then a 59-year-old woman on May 13. On May 24, prosecutors claim he exposed himself in a public place. The burglary charges involved alleged break-ins at the home of a 71-year-old woman on June 1 and an 86-year-old woman on June 7. Winslow was originally arrested June 7 in the burglary case. After posting bail, he was arrested again Thursday on the additional charges.…
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Incomplete but sober accounting of "7 Reasons Marijuana Won't Be Legalized in the U.S."
For lots of reasons there is lots of enthusiasm these days about the prospects for federal marijuana reform. But this recent commentary, fully headlined "7 Reasons Marijuana Won't Be Legalized in the U.S.: Despite growing public support, cannabis is unlikely to get a green light from Congress anytime soon," throws...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/uxHJ9JRxX6U" height="1" width="1" alt=""/>
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Questioning Oneself: Direct Examination of a Self-Represented Defendant
I was reading a WRAL article about the District Attorney wife-hiring trial taking place in Raleigh when the following passage caught my attention: “Superior Court Judge Paul Ridgeway said that, if [former District Attorney] Wallace Bradsher testifies, he cannot simply deliver a monologue from the witness stand and must pose questions to himself to give prosecutors a chance to object to potential testimony.” I hadn’t previously considered how testimony from a self-represented defendant would work. I looked into it, and this post summarizes what I learned. A judge may require the defendant to use a question-and-answer format. Every appellate case I could find affirmed a trial judge’s authority to require a defendant to testify in question and answer format. The most-cited case is United States v. Nivica, 887 F.2d 1110 (1st Cir. 1989), where the trial judge told a defendant that if he chose to represent himself and to testify, “you have to ask…
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SCOTUS finally grants cert on new cases, including two criminal justice cases
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What If I Refuse Field Sobriety Exercises When Stopped For A DUI?
In the State of Florida, you can be compelled to perform Field Sobriety Exercises. This doesn’t mean that the officer can physically force you to perform the exercises. It simply means that the officer does not have to obtain your consent and your refusal to perform the field sobriety exercises can be used against you in court. So how would this play out? Let’s take a look: What are Field Sobriety Exercises? Field Sobriety Exercises are physical tasks that an officer will ask you to perform when that officer suspects that you are driving while under the influence of alcoholic beverages or drugs. Some of the exercises are standardized, meaning that the instructions and the way they are conducted are the same everywhere in the United States. Some of the exercises are not. Some examples of Field Sobriety Exercises are the Walk and Turn exercise, the Finger to Nose exercise, the One Leg Stand Exercise, the Rhomberg Alphabet…
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Split SCOTUS outcomes for federal defendants: a plain error win in Rosales-Mireles and an explanation loss in Chavez-Meza
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How to Adopt a Stepchild in Pennsylvania
You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too. Unfortunately, the law has other ideas, at least when it comes to child custody. Unless you adopt your new stepson or stepdaughter, you have no legal rights where they’re concerned. Under the law, it’s only biological parents who have these rights, including the freedom to make medical or legal decisions on the child’s behalf. And if you and your new spouse divorce, issues like custody and visitation become trickier. You two might work out a visitation schedule and have a custody agreement, but they can alter it at any time without your say-so. But this isn’t an issue in situations where a stepparent legally adopts their stepchildren. How to Adopt a Child in Pennsylvania When most people think of adopting a child, they might think of working with an agency, or through the foster system. But adoption is also the…
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SCOTUS Action
Some criminal law action from SCOTUS this morning, but no blockbusters. The Court accepted two new cases on defense counsel not appealing and the Excessive Fines Clause. A couple of minor decisions on federal sentencing and one on retaliatory prosecution.
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How an Allegation of Violence Impacts a Child Custody Case
An allegation of violence against a child or the other spouse can have a fundamental impact on a child custody case in Georgia. Divorce is difficult enough at the best of times. If you are trying to escape from an abusive spouse, the problems are often more acute. In such cases, you may face hurdles not just from an abusive spouse but also from the judicial system. It can be difficult to convince judges that you are the victim of abuse. In child custody cases, the courts seek to involve both parents in their children’s upbringings. However, an exception may be made in cases where there is an allegation of abuse. An allegation of violence impacts a child custody case Parenting plans are drawn up on the assumption that an act of violence has not been committed on the child or children. The most important standard used by the court is that of the best interests of the child. Evidence of allegations of domestic violence or child abuse is taken very seriously in these cases.…
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Opinion holding probable cause not to bar claim that arrest motivated by official policy to retaliate against speech
Justice Kennedy delivered the opinion of the Court in Lozman v. Riviera Beach. Justice Thomas dissented.
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Opinion holding that plain error in calculating guidelines range ordinarily calls for vacating sentence
Justice Sotomayor delivered the opinion of the Court in Rosales-Mireles v. United States. Justice Thomas, joined by Justice Alito, dissented.
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Opinion affirming sentence imposed after guidelines amendment
Justice Breyer delivered the opinion of the Court in Chavez-Meza v. United States. Justice Kennedy dissented, joined by Justices Sotomayor and Kagan. Justice Gorsuch did not participate.
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Attorney General Sessions laments state recidivism data and impact of Johnson ACCA ruling
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Confined Work Spaces: Defining and Outlining Them
Staying safe when operating in confined work spaces can be difficult. Being that these spaces create a whole new set of hazards, they require a few different guidelines and protocol. For this reason specifically, OSHA felt it necessary to develop specific safety regulations for this setting alone. Through this rule, OSHA defines ‘confined spaces’ and by doing so, they can outline the responsibilities, and employer duties for this specific type of at-risk worker. Confined Work Spaces: Defining and Outlining them A confined work space, as now defined, is an area that presents special dangers to the workers in some way. These dangers can include things such as, poor ventilation, and areas that provide insufficient oxygen, or dangerous level of gases. Furthermore, if these areas present a danger of illness, injury, or entrapment, the worker must have a special permit to work within that space. Ultimately, to operate under these conditions, an employee must meet…
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Sentencing Guidelines and Unnoticed Errors
Is an error in applying the notoriously complex Federal Sentencing Guidelines appealable if nobody notices the error in the trial court? Generally yes, the U.S. Supreme Court decided today in Rosales-Mireles v. United States, No. 16-9493.The general rule in litigation is that you have to raise an objection at the proper time or else you lose it, the "speak now or forever hold your peace" rule. There are exceptions to the general rule, and criminal defendants get more breaks than other litigants, in part because the consequences of an attorney error in a criminal case are typically not remedied by going after the lawyer and insurer in a malpractice action. Federal Rule of Criminal Procedure 52(b) provides, "A plain error that affects substantial rights may be considered even though it was not brought to the court's attention." There is a large body of case law putting meat on that bone. The word "may" implies…
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A Narrow Rule on Retaliatory Arrest?
In Lozman v. City of Riviera Beach the U.S. Supreme Court claimed to be establishing a "narrow" rule on a civil suit for retaliatory arrest even when the arrest is supported probable cause. I have my doubts. We have seen "narrow" rules grow like cancer before.Plaintiff Fane Lozman had some ongoing disagreements with the city. He may have been right; it doesn't matter. At the public comment portion of a city council meeting he starts going off about the arrest of an official in another jurisdiction with no apparent connection to the meeting. When he won't shut up and won't leave, the council has him arrested. The Court has the video on its web site. He claims the arrest was retaliation for his outspoken criticism and not just for his conduct on this occasion.Generally speaking, the Supreme Court says an arrest supported by probable cause is legal and does not permit going behind the cause for an…
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Can You Go to Jail for First-Time Gun Charges...
For the most part, California’s criminal laws aim to keep non-violent, first-time offenders out of jail. However, violating California’s gun laws can still lead to jail time, even for a first-time gun possession charge. If you or a loved one was arrested for a gun crime in California, talk to an experienced Ventura criminal defense lawyer about your case. The attorneys at Bamieh and Erickson represent those charged with gun possession and other weapons crimes in California, and we work to fight their case and get charges dropped or dismissed. Illegal Gun Possession Crimes in California In California, you need a license to buy a gun, but not to own one. This means if you move from out of state or someone gifts you a gun, you may be able to continue to own that gun without getting a license. However, there are other laws that kick in to make it illegal to possess that gun outside the home. For instance, it is illegal to carry a…
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