Jarrod BleijieOriginal Article
Isn't the government suppose to prove someone is dangerous instead of a person trying to prove they are not?
01/26/2014
Every sex offender in the state faces being indefinitely held in jail unless they can convince psychiatrists they are unlikely to reoffend.
From serial rapists to perverts who like to film up girls' skirts - hundreds more predators are in the firing line as the State Government moves to overhaul sex offender laws.
Advisers informing the...
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AUSTRALIA - LNP Government in push for indefinite jail time for sexual crimes
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NV - John Walsh Attends the 15th Anniversary of Canon Celebrity Red Carpet
Our comment left on the article (Probably be deleted though!):
Lets not forget that Mr. Walsh dated an underage child (Reve), and admits he could've got into trouble for it, but continued anyway.
http://sexoffenderissues.blogspot.com/2012/07/john-walsh-documentary-admits-dating.html
But we're sure you'll delete this comment. Can't have the truth out there when money is involved, right?
Oh, and lets also not forget about Mark...
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Henning on Corporate Misconduct
Peter J. Henning (Wayne State University Law School) has posted A New Crime for Corporate Misconduct? on SSRN. Here is the abstract: Federal prosecutors have explained the absence of any signature prosecutions of financial executives in the wake of the...
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Michigan Drug Crimes - Drug Charges in Macomb, Oakland And Wayne Counites
As a Michigan criminal defense lawyer with over 2 decades of experience handling cases involving drug possession charges, I have seen and wrestled with and resolved every facet that one of these cases can brings your life. This article will...
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Supreme Court to Hear Arrestee Cellphone Search and Seizure Cases
While searches and seizures typically require a warrant under the Fourth Amendment to the Constitution, when a person is arrested, the rule has long been that ”a police officer who makes a lawful arrest may conduct a warrantless search of the arrestee’s person and the area ‘within his immediate control.’” Davis v. U.S., 131 S.Ct. 2419,... Continue Reading
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Selbstleseverfahren, Band 41
Und noch etwas zum Ansehen und Nachdenken: „One Day We’ll Be Old“Original: Selbstleseverfahren, Band 41
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Will Prez Obama mention sentencing reform in the State of the Union address?
Presidents traditionally use the annual State of the Union address to outline a planned legislative agenda and to articulate a perspective on national priorities. Consequently, in light of all the recent talk from Attorney General Holder and members of Congress...
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Kicking Off A Safe and Sober Super Bowl Sunday
Super Bowl Sunday is one of America's biggest and most entertaining national sporting events, as friends and families gather to socialize and watch the big game. Yet, it has also become one of the nation's most dangerous days on the roadways due to impaired driving.
Often, Super Bowl Sunday parties also feature alcoholic beverages in abundance. In 2009, for example, nearly 50 million cases of beer may have been consumed during Super Bowl gatherings (not counting those sold at the actual game).
Our drunk driving accident attorneys in Boston understand that Super Bowl Sunday is a big day for all of us, but it's important that we make it a safe one. Before heading out for the big game, make sure your play book is filled with safe and sober ways to get home. If you're hosting the home team at your own house to watch the game, make sure you've got a game plan too, to make sure your guests are safe.
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Case o' The Week: Ten Years for a Misdemeanor - Shill and "Sexual Activity" in Section 2422(b)
In the Seventh Circuit, enticing a minor over the internet to visit a museum and view the “Rape of Europa” is not “sexual activity” that will trigger a ten-year mandatory minimum federal sentence. United States v. Taylor, 604 F.3d 255, 257 (7th Cir. 2011) (Posner, J.) In the Ninth? Avoid the Titian wing. United States v. Shill, 2014 WL 259872 (9thCir. Jan. 24, 2014), decision available here.Players: Decision by Judge Tallman, joined by Judge Bea and DJ Murphy. Hard-fought appeal by D. Or. AFPD Lisa Hay. Facts: Forty-five year old Shill approached a 16-year old girl, and complimented her on her appearance. Id. at *1. A Facebook friend request followed, the girl reported Shill to the police, and an FBI agent – posing as the girl – took over email communication with Shill. Id. at *1. Shill had sexually-explicit online chats with the agent and enticed the “girl” to have sex with him. Id. He arranged to meet the “girl” at a train station, and agreed to bring condoms and alcohol. Id. When arrested at the station, Shill had on his person condoms, the phone used to send sexually explicit photos and messages to the “girl,” and in Shill’s car the agents found flowers, Viagra, alcohol, and additional condoms. Id. Shill was charged with using the internet to entice a minor, 18 USC § 2422(b). The indictment alleged Shill had enticed a minor to commit two misdemeanor sex offenses. Id. Shill moved to dismiss the indictment and raised an Eighth Amendment challenge, based on a ten-year mandatory minimum sentence triggered by misdemeanor conduct. Id. at *2. Both motions were denied. While the district court observed that it would have sentenced Shill to the guideline range of seventy months, it held it was required to impose the 120 month mand-min. Id.Issue(s): “Shill contends that the district court should have dismissed the indictment. Specifically, Shill challenges the following language in § 2422(b): “any sexual activity for which any person can be charged with a criminal offense[.]” According to Shill, this language is ambiguous, vague, inconsistent with Congress's expressed intent, and leads to the 'absurd' result that misdemeanor conduct is punishable by a ten-year sentence under federal law. Shill argues that § 2422(b) should be construed narrowly to preclude prosecution where the attempted sexual activity is a misdemeanor as opposed to a felony.” Id.at *2.Held: “As Shill notes, the phrase [“criminal offense”] is not defined in the federal criminal code. Nonetheless, we presume that Congress legislates in light of relevant case law and familiar legal definitions . . . Thus, Shill’s actions, while a misdemeanor in the Oregon legal system, nonetheless constitute a ‘criminal offense’ under § 2422(b). We decline to embrace Shill’s narrow interpretation of the statute, which belies the plain meaning of the term ‘criminal offense.’” Id. at *2. “We hold that § 2422(b) clearly and unambiguously criminalizes attempted sexual activity where the object of the attempt would amount to either a misdemeanor or felony under state law.” Id. at *5.Of Note: In Taylor, the Judge Posner persuasively writes for the Seventh Circuit and flatly rejects the Ninth’s very broad reading of § 2242(b), worrying that such an expansive interpretation could trigger ten-year mand-mins for “watching a pornographic movie, or a pole dancer, or a striptease artist,” or “flirting” or “flashing.” 640 F.3d 255, 257 (7th Cir. 2011) ("Is watching . . . Aubrey Beardsley's pornographic sketches, or Titian's 'Rape of Europa,' or 'Last Tango in Paris' a 'sexual activity'?") The Ninth isn’t similarly worried, because the misdemeanor conduct in the statute must occur in the context of interstate commerce. Id. *3. (A limitation that apparently didn’t occur to Judge Posner, given the ease with which interstate nexus is triggered in the modern world). Shill creates a Circuit split and tolerates ten-year mandatory minimum exposure for misdemeanor conduct: it merits en banc review.How to Use: Client + Minor + Internet = read Shill. A ten-year mand-min now depends on the breadth of your state’s misdemeanor code: exposure that dramatically affects the risk-benefit analysis of motions and trial. For Further Reading: Thankfully, Romeo did not have an iPhone. Had he texted, “Be not her maid,” to Juliet, he’d be looking at ten. See play commentary here, and California misdemeanor statute here. Image of Titian’s “Rape of Europa” from http://upload.wikimedia.org/wikipedia/commons/4/41/Tizian_085.jpgImage of Romeo and Juliet from https://www.nvnet.org/~price/FOV1-000594CE/FOV1-00058AEB/S04113901.0/romeo%26juliet_3_lg.gifSteven Kalar, Federal Public Defender N.D Cal. Website at www.ndcalfpd.org.
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"Sex offender fights registry by registering his registerers"
The title of this post is the headline of this interesting Washington Post article discussing an efforts of, and challenges facing, one registered sex offender seeking to showcase the realities of being a registered person. Here are excerpts: If nothing...
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New Bill Changes Alabama’s Death Penalty Appeals Process
Given the severity of the death penalty, Alabama along with other states have historically provided defendants an extended appeals process to ensure due process. This gives attorneys time to review the facts of the case and raise any procedural issues that may have impacted the results. Not only does the appeals process give defendants the … Continue Reading
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NYT: Sunday Review: 3 Enemas Later, Still No Drugs
NYT: Sunday Review: 3 Enemas Later, Still No Drugs by Nicholas Kristof:
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Attorney Matthew Marin Anounces a NOT GUILTY VERDICT for a Client Facing Assault Charges
Attorney Matthew Marin is pleased to announce a NOT GUILTY VERDICT for a client facing a simple assault charge in the Providence Superior Court. On Thursday January 23rd, a Providence County Jury returned a verdict of NOT GUILTY on the single count complaint charging our Client with simple assault. In the case, the Client had been involved in a bar fight with a stranger in which the stranger had suffered significant injury and was seeking over $10,000 in restitution. At trial, the Defense argued that the Client was acting in self-defense when he assaulted the stranger. The Jury agreed that the Client was acting in self-defense, and returned the not guilty verdict in less than two hours.A Rhode Island simple assault charge is an extremely serious matter that requires a serious defense. Attorney Marin knows the Rhode Island law's regarding assault and self-defense and can use his experience to put your best defense forward against any Rhode Island assault charge, including simple assault, felony assault, and domestic assault. For more information on Rhode Island assault charges, visit our website HERE. If you have been charged with a criminal offense, seek experienced and skilled representation immediately.We are available 24/7, 7 days a week to discuss your RI criminal assault charges. Contact Attorney Matthew Marin via telephone at 401-228-8271 or email at marin.matthew@gmail.com. To learn more about RI Criminal Defense Attorney Matthew Marin and our experience, visit www.matthewtmarin.com.RHODE ISLAND CRIMINAL DEFENSE ATTORNEY MATTHEW MARINPHONE: 401-228-8271 CONNECT WITH US ON:
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Der psychologisch-psychiatrisch-kriminologische Laie in der Richterrolle
In der Beweisaufnahme des Strafverfahrens geht es regelmäßig um die Frage, ob es notwendig ist, ein Sachverständigengutachten einzuholen. Nach gefestigter Rechtsprechung darf sich das Gericht die Beurteilung der Glaubwürdigkeit von Zeugen in eigener Sachkunde zutrauen – dies gehöre zum „Wesen richterlicher Rechtsfindung“1. Ausnahmen von der Annahme genügender richterlicher Sachkunde werden nur zugelassen, wenn Besonderheiten vorliegen2. […]Original: Der psychologisch-psychiatrisch-kriminologische Laie in der Richterrolle
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NC - Double punishment
The following was sent to us via the TELL US YOUR STORY form and posted with the users permission.
By Timothy:
I got out of prison in March, 2013. I spent a lot of tim hunting jobs and getting turned down after I was upfront with them about my crime. The would hire me and then call me a few days later and tell me there was something on my background check or simply not even offer the job. I was able to find a job working in an auto parts store but not before almost becoming homeless. I am...
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ALERT: New virus going around that is nasty called CryptoLocker
CryptoLockerDescription from Snopes.com:
The so-called "CryptoLocker virus" is an example of ransomware, a class of malware that, once it has infected a particular computer system, restricts access to that system until the user pays a ransom. CryptoLocker is a particular form of ransomware known as cryptoviral extortion, a scheme in which key files on the system's hard drive are encrypted and thus rendered inaccessible to the user unless and until that user pays a ransom to obtain a key for...
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Steuerfahnder kaufen neue Steuer-CD an
Erneut sollen Steuerfahnder eine CD mit mehreren Daten von Kunden des Schweizers Ablegers einer israelischen Bank erhalten haben. Bereits im Dezember sollen bei mehreren Kunden Hausdurchsuchungen diesbezüglich durchgeführt worden sein. Die neue Steuer-CD soll wieder vom Bundesland Nordrhein-Westfalen erworben worden sein. Die Steuerfahnder sprechen von einer besonders hohen Qualität der Daten. Es sollen mehrere . . . → Read More: Steuerfahnder kaufen neue Steuer-CD anÄhnliche Beiträge:Steuerstrafrecht: Razzien bei UBS-KundenSteuer-CDs: Justizministerin erwägt den Ankauf von…Verschärfungen bei der Selbstanzeige bei…Durchsuchungen bei der Commerzbank wegen des Verdachts der…Uli Hoeneß hat sich selbst wegen Steuerhinterziehung…
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United States Supreme Court considers the adequacy of an anonymous tip as providing reasonable suspicion for a traffic stop
The Supreme Court of the United States has just heard arguments on the constitutionality of a traffic stop by police officers who rely entirely on an anonymous tip alleging that the defendant drove the anonymous tipster off the road, without...
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CA6: 5 month old information not stale for SW in possession of machine gun
Applying all the basic rules of staleness, five month old information was not stale in possession of a machine gun. Firearms are usually kept, and this was an ongoing offense. United States v. Goodwin, 2014 U.S. App. LEXIS 1345, 2014 FED App. 0053N (6th Cir. January 21, 2014):
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Demystifying the Fed
Peter Conti-Brown, The Institutions of Federal Reserve Independence, Rock Center for Corp. Governance at Stanford Univ. Working Paper No. 139 (2014), available at SSRN.Saule T. OmarovaExactly one hundred years after its birth, the Federal Reserve remains one of the most powerful and mysterious institutions in the world. The recent global financial crisis made it exceedingly clear how much the Fed can do – and, in fact, does do – to shore up failing financial markets and prevent the entire [...]
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