Are we the only ones who have seen the news over the first week of the year and are astounded at the number of shootings in and around Phoenix and throughout Arizona? We suspect that a visitor from another area of the world, or even most areas of the United States, would conclude that the […]The post Arizona Shootings in the News appeared first on David Black.
Arizona Shootings in the News
↧
↧
Religiöse Herabwürdigung des Propheten Mohammed
Wie weit darf Islamkritik gehen? Mit dieser Frage hatte sich der Oberste Gerichtshof (OGH) in Wien zu befassen. Im Februar 2011 war die bekannte Islamkritikerin Elisabeth Sabaditsch-Wolff vom Wiener Straflandesgericht wegen Herabwürdigung religiöser Lehren (§ 188 öStGB) zu einer Geldstrafe in Höhe von 480 Euro verurteilt, vom Vorwurf der Verhetzung (§ 283 öStGB) jedoch freigesprochen […]Original: Religiöse Herabwürdigung des Propheten Mohammed
↧
"A Field Study of the Presumptively Biased: Is There Empirical Support for Excluding Convicted Felons from Jury Service?"
The title of this post is the title of this very interesting new empirical paper by James Michael Binnall now available via SSRN. Here is the abstract: In the United States, a vast majority of jurisdictions statutorily exclude convicted felons...
↧
Legislature looking at making it a crime to loan a car to a sexual predator
Florida legislators are considering adding even more to the long list of punishments for someone deemed a sexual predator, now proposing to make it a crime for someone to let a known sexual predator use his or her vehicle. The proposed law would also make the state-mandated curfew for sexual predators from 7 p.m. to 7 a.m., according to a report in the Florida Times-Union. The curfew is now 10 p.m. to 6 a.m., so this would add four more hours and make it a full 12 hours a day sexual predators would be confined to their homes, the
newspaper reported. Adjustments could be made for individual people based on work hours but the 12-hour curfew would be the baseline, the newspaper reported.
Though the terms are often used interchangeably, there are significant differences in Jacksonville Sex Crimes Cases between a sexual offender and a sexual predator. The difference lies in the severity of the crime and the defendant's sexual criminal history. For example, any violent crimes involving a child would classify a person as a sexual predator. As would two convictions of second-degree Jacksonville Sex Crimes in a 10-year period. Crimes such as lewd and lascivious contact with a child between the ages of 12 and 18 would qualify, so two convictions or pleas in a decade could allow the court to deem someone a sexual predator. Sexual predators in Jacksonville have much stricter guidelines than sexual offenders. All have to register and report to police periodically, though the time intervals are much shorter for predators than offenders. There are also more restrictions on where predators can live, in terms of distance from schools, playgrounds and other areas where children congregate. Especially in Jacksonville Sex Crimes Cases, legislators tend to take every element of a horrific crime and then try to make it illegal.
The new restriction on loaning a vehicle comes from the Jacksonville Sex Crimes Case where Donald Smith borrowed his mother's vehicle and is now jailed, accused of abducting an 8-year-old girl from a Jacksonville Wal-Mart and then raping and killing her. The state senator from Jacksonville who proposed the law referenced Smith by name in the newspaper report. The new law would make it a second-degree misdemeanor, punishable by up to six months in the county jail, to loan a vehicle to someone you know is a sex predator - even though Smith was a sexual offender and hadn't been classified as a sexual predator. If the predator were to commit a sex crime while using the vehicle, the owner could lose his or her driver's license for one year. There's no crime, even a murder conviction that follows a person more than a Jacksonville Sex Crime. And there's also none that elicits less sympathy from the general public, so it's highly likely that any proposal that ratchets up the punishment for those who pleads guilty to or are convicted of a Jacksonville Sex Crimes will receive overwhelming support from the legislature.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.
↧
Opinion: Require N.J. sex offenders to identify criminal history on social media sites
↧
↧
CFAA amendments, new criminal statute proposed in Senator Leahy’s bill
On Wednesday, Senator Patrick Leahy (D-Vt.) introduced the Personal Data Privacy and Security Act of 2014. Senator Leahy’s bill, first introduced back in 2005, intends to "better protect[] Americans from the growing threats of data breaches and identity theft,” according to a press release issued by the Senator.Included within the bill are amendments to the Computer Fraud and Abuse Act (18 U.S.C. § 1030). Senator Leahy stated that the bill “includes the Obama administration’s proposal [full text] to update the Computer Fraud and Abuse Act, so that attempted computer hacking and conspiracy to commit computer hacking offenses are subject to the same criminal penalties, as the underlying offenses.” The bulk of Senator Leahy’s amendments to the CFAA occur in Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security (Sections 101 through 110). These changes would include adding the CFAA under the Racketeer Influenced and Corrupt Organizations (RICO) Act (Section 101), maximizing penalties under the CFAA (Section 103), and clarifying that both "conspiracy" and "attempt" to commit a computer hacking offense are subject to the same penalties as completed, substantive offenses (Section 105), just to name a few.Also added within the bill would be a new criminal statute: 18 U.S.C. § 1041 Concealment of security breaches involving sensitive personally identifiable information. According to Senator Leahy, the new statute would provide "tough criminal penalties for anyone who would intentionally and willfully conceal the fact that a data breach has occurred when the breach causes economic damage to consumers.” According to the section-by-section summary, the new statute would makes it a crime for a person who knows of a security breach which requires notice to individuals under Title II of this Act, and who is under obligation to provide such notice, to intentionally and willfully conceal the fact of, or information related to, that security breach.So in addition to adding a strict security breach notification law (Section 211 - 221), Senator Leahy's bill would create criminal penalties for intentionally and willfully concealing the security breach or "information realted to" that breach.Overall, the bill contains a number of amendments that would be of interest to anyone in the information privacy or security field. Senator Leahy has made a section-by-section outline of the bill available, as well as the bill's full text.
↧
New Texas laws that took effect January 1st
Here's the list. Via the Legislative Reference Library.
↧
Little Jack Horner
One of the sad truths of being a criminal defense attorney is that we are dealing with people during times of high stress. I don’t get very many people walking through my door who say, Hi. I’ve been charged with committing a crime. I’m not very worried about it, but I thought it would be […]
↧
News Roundup
The new year is off to an interesting start. Here are some of the week’s top developments: Wake County DA not seeking re-election. Wake County District Attorney Colon Willoughby has announced that he will not seek re-election in November. The News and Observer reports that District Court Judge Ned Mangum is “contemplating a possible run […]
↧
↧
Loan Officer Admits Recruiting Straw Borrowers
Alexander A. Romaniolis, 48, Irvine, California, pleaded guilty to mortgage fraud. A federal grand jury returned the three-count indictment on March 21, 2013, charging Romaniolis with mail fraud. According to court documents, Romaniolis recruited five straw buyers to purchase eight California residential properties in Rocklin, Roseville and San Clemente. Romaniolis assisted the straw buyers in […]
↧
“We Don’t Have Time For This,” Police Say Before Killing Mentally Ill Teen
When family members of a mentally ill teen called police on Sunday, they expected authorities would be able to help calm their son down. Keith Vidal, 18, was in the middle of a schizophrenic episode, which began when he picked up a 6-inch screwdriver and threatened his mother. Two officers arrived on scene and began […]The post “We Don’t Have Time For This,” Police Say Before Killing Mentally Ill Teen appeared first on The Appelman Law Firm Law Blog
↧
Meth Bust in School Zone Near Three Rivers Results in 3 Arrests
On Thursday January 9, three individuals were arrested after authorities found evidence of methamphetamine production at a home near Three Rivers High School, according to news reports at Mlive.com.
Officers with SCAN (St. Joseph County Area Narcotics) received a tip regarding the use of methamphetamine at the residence, located in the 400 block of 4th Avenue in Three Rivers. Upon executing a search warrant, officers discovered evidence that meth had been used and produced on the property.
Three individuals who were at the home were arrested; their names have not been released pending arraignment. The suspects include a 30-year-old woman and two men who are 53 and 63 years old. All are said to be residents of Three Rivers. The three face charges of possession of methamphetamine, possession of marijuana, maintaining a drug house, and operating/maintaining a meth lab within a school zone.
In Michigan, methamphetamine is a Schedule 2 illicit narcotic. This essentially means it is a highly addictive and abused substance. Those convicted of a meth offense will face serious and life-changing penalties. When a drug offense occurs within close proximity of a school as in this case, penalties may be enhanced.
Possession of methamphetamine will leave those convicted facing penalties which include fines of up to $15,000 and a maximum of 10 years in prison. However, when an individual is convicted of meth possession with intent to deliver/distribute, the criminal penalties increase substantially and include fines of up to $25,000 along with up to 20 years in prison. The maximum penalties for meth manufacture are the same, however those with children may lose their parental rights, face asset forfeiture, and more.
↧
Dearborn Man Stopped for Driving on Flat Tire, Arrested for Driving with Stolen Plate on Suspended License
Recently, a man was pulled over by Dearborn police after it was noticed he was driving on a flat tire. Upon stopping the driver of the 1998 Dodge Ram, it was discovered he was driving a vehicle with stolen license plates, and that his driver's license was suspended.
The incident took place on the afternoon of December 17, when an officer pulled the driver over in an area close to Fairlane Mall at Town Center Drive and Northwood. After running a check of the license plate with the Law Enforcement Information Network, it was determined the plate was stolen, and belonged to a Ford pickup truck. The driver later admitted that the license plate had been stolen from a neighbor's vehicle because his son wanted to drive the truck. The man's son was not present when police pulled the driver over. He also admitted his driver's license had been suspended after initially telling the officer he did not have his license with him.
The driver was arrested for possessing stolen property and driving on a suspended license; the truck was impounded.
Michigan driver's license reinstatement attorneys know that driving on a suspended license is not uncommon. Many individuals whose licenses have been suspended take chances, believing they won't get caught. Many do not get caught, however it is a huge risk to take considering the possible consequences.
Driving is a necessity in today's society. Not having the privilege to drive creates a substantial hardship; most of us take our right to drive for granted, jumping in the car any time we need to run to the store, pick the kids up from school, sports practice, or a friend's house, or simply to go for a weekend drive. When your license is suspended, you do not have this privilege. The thought that you can drive to your destination without getting caught is indeed enticing.
What happens if you are caught driving on a suspended license? If it is your first offense, you could face up to 93 days in jail along with a $500 fine and driver responsibility fees for two consecutive years. A second offense will leave you facing up to one year in jail, fines of up to $1,000, vehicle immobilization, and driver responsibility fees. Along with any criminal penalties, additional license sanctions may be imposed; essentially, your license could be suspended for double the original length of time, or even permanently revoked.
↧
↧
Bonds Asks 9th Circuit Court for Rehearing; Begins Serving Sentence of House Arrest
Former Pittsburgh Pirates and San Francisco Giants left fielder, 14-time All Star and 8-time Golden Glove winner, Barry Bonds was convicted in 2011 on one count of obstruction of justice for testimony which Bonds gave before a grand jury investigating the Bay Area Laboratory Co-Operative. Three counts alleging that Bonds purportedly made false statements were dismissed... Continue Reading
↧
Himma on Luck, Culpability, and Retributivism
Kenneth Einar Himma (University of Washington - School of Law) has posted If You Ain't in Prison, You Just Got Lucky: Luck, Culpability, and the Retributivist Justification of Punishment (Jurisprudentia, vol. 1, no. 1 (2014) Forthcoming) on SSRN. Here is...
↧
Oklahoma Executes - 'I Feel My Whole Body Burning'
Oklahoma carried out the second execution of 2014, last night in McAlester. It was the state's 109th post-Furman execution since 1990. "Oklahoma executes Michael Lee Wilson for murder of convenience store worker," is the AP report, via the Enid News...
↧
Federal District Court Hearing Today in Ohio LI Challenge
"Dennis McGuire Could Be The First US Inmate Put To Death With New Drug Combo," is the AP report by Andrew Welsh-Huggins, via Huffington Post. Here's an extended excerpt from the beginning: A federal judge in Ohio will once again...
↧
↧
Mike Allen to Discuss Hamilton County Junvenile Court Judge Tracie Hunter Indictment
Mike Allen will appear with Bill Cunningham on 700WLW at 12:30 Friday, January 10, 2014 to discuss the criminal indictment against Judge Tracie Hunter. The Cincinnati Enquirer is reporting: Juvenile Court Judge Tracie Hunter was indicted Friday by a Hamilton County grand jury on eight felony charges, which will remove her from the bench until the charges […]
↧
Commentary to the RAI
The Court conducted a SORA risk assessment hearing in this criminal case. Defendant was convicted by plea of guilty in July of 2009 of one count of possession of child pornography under federal law for which he received a sentence...
↧
Where Fundamentalism and the Law Meet Somebody is Headed to Prison
Legislators in Virginia are contemplating changes to the law in response to MacDonald v. Moose (4th Cir. 2013), a case that struck down Virginia’s law that prohibited non-genital sex generally. Specifically, legislation has been introduced that would make it a felony for an adult to engage in non-genital sex with a minor between age 15... Continue Reading
↧
More Pages to Explore .....
