You think it’s insane that Arizona allows a 9-year-old to shoot at a firing range? ABC News reports that one in Texas allows them to do so at age 6. -Leonard Pitts, Jr. So we make the leap from dumbass puts fully automatic pistol in hands of little girl, winds up dead to it is insane to allow children to shoot at shooting ranges A well-run shooting range is one of the safest places in America. The rules, which when followed provide no opportunity for firearms accidents, are strictly enforced. If the question is, “should my child learn to shoot at the range, or somewhere else?”, “the range” is the right answer. So then the question becomes, “should my child learn to shoot?” In a society in which children might come in contact with guns without parental supervision (for example, at a friend’s house where the parents have an unsecured gun), “yes” is the right answer. Guns are fascinating to children—especially to…
Free to Be Stupid
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"Rational Criminal Addictions"
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State Police Releases 2013 Maryland Crime Data
Each summer since 1975 the Maryland State Police has issued a Uniform Crime Report for statewide crime over the past year. This year's UCR was released to the governor earlier this summer, and later published online and in press releases. The overall conclusion of the report was positive in the eyes of law enforcement, and the various headlines reflect this attitude. A simple Google news search of last years crime rate will yield articles about decreasing statewide crime or even record crime reductions. This is based on the fact that the overall crime rate for indexed crimes from 2012 to 2013 decreased by two percent. Violent crime went down about one percent and property crime lowered by about two percent. But these headlines are only part of the picture, and to get an idea of the rest it is important to analyze the actual numbers.
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Possession of Alprazolam and Hydrocodone Convictions Overturned
Yes, the title of this article gives away the ending, but it's the journey, not the destination. FACTS: Daniel Shedd is just chilling, drinking a beer, driving his mom's car, when he was stopped by the Florida Highway Patrol (FHP). Shedd v. State, 137 So. 3d 456 (Fla. 4th DCA 2014). FHP chats him up, and Daniel reveals to the officer that he has a prescription pill habit. In case you didn't know, telling a cop you have a drug habit is like a sorority girl announcing to the frat party that she's a nymphomaniac--there's going to be some shenanigans as a result of this announcement. So, with Daniel's announcement comes the obligatory search of the car, and Daniel is arrested for possession of marijuana, possession of alprazolam (Xanax), and possession of hydrocodone (it's also a crime to have an open container of alcohol in the car, but I guess they let that one slide). It never ceases to amaze me that people drinking a beer, and driving,…
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Privilege, Corporate Wrongdoing, and the Wal-Mart FCPA Investigation
The New York Times had an interesting article this week by Steven Davidoff Solomon entitled “Keeping Corporate Lawyers Silent Can Shelter Wrongdoing.” The piece centers on the recent decision out of the Delaware Supreme Court in the case of Wal-Mart...
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McClellan Nomination Sesquicentennial
Off-topic but interesting, Fergus Bordewich in the WSJ takes us on a historical trip down the "what if" road. On Aug. 31, 1864, the sweltering galleries of Chicago's largest assembly hall, known as the "Wigwam," erupted with wild yells as Gen. George B. McClellan was nominated as the Democratic Party's candidate for president. The delegates had reason to be exuberant. The North was sick of war, support for Abraham Lincoln was plummeting, and they had an attractive candidate. But if McClellan had won, it would have been the last election in United States as a unified nation.Handsome and self-confident, the 37-year-old McClellan had won several minor victories early in the war and was promoted to command the Union forces. His battlefield record after that was unimpressive. But he remained immensely popular with the troops, even after Lincoln dismissed him for failing to destroy Robert E. Lee's army after the Union victory in Antietam in…
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Where Police Intercept Defendant's Phone Calls in Foreign Language, Whose Translation is Used in Court?
In some of the bigger trafficking in drugs and other drug cases, one major component of the state's case may be phone calls of the defendant that were intercepted and recorded. These phone calls intercepted without the defendant's knowledge are often critical pieces of evidence as they may involve the defendant discussing drug deals in his/her own voice, or at least discussing logistical issues with other co-defendants or confidential informants. When the intercepted phone calls are in English, the state will normally just play the recordings at the trial for the jury to hear and draw their own conclusions as to what was said and what was meant on the calls. How is that information conveyed to a jury when the phone calls are in another language? In a recent trafficking in heroin case south of Jacksonville, Florida, the police had recorded many phone calls involving the defendant and his co-conspirators where various drug transactions were discussed. The police…
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CPL 60.42..cont
Although we find that CPL 60.42 is constitutional, we are constrained to reverse the judgments because the evidence offered by criminal defendants, but excluded by the trial court, was of substantial probative value and was not offered primarily to demean or harass the victim. Such evidence directly involved not only the complainant's credibility and her mental and emotional condition, but, to a marked degree, her ability to perceive and recall past events. The relevance of the evidence therefore clearly outweighed its possible prejudicial implications. The basic essence of a fair trial is that a defendant be permitted "to probe into the influence of possible bias in the testimony of a crucial identification witness". If the defense be not afforded the full and proper right of confrontation, it is difficult indeed, if not impossible, to determine the truth; and a trial, as we all so often say, is but a search for the truth. Pursuant to the exception set forth in…
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CPL 60.42..cont
Although we find that CPL 60.42 is constitutional, we are constrained to reverse the judgments because the evidence offered by criminal defendants, but excluded by the trial court, was of substantial probative value and was not offered primarily to demean or harass the victim. Such evidence directly involved not only the complainant's credibility and her mental and emotional condition, but, to a marked degree, her ability to perceive and recall past events. The relevance of the evidence therefore clearly outweighed its possible prejudicial implications. The basic essence of a fair trial is that a defendant be permitted "to probe into the influence of possible bias in the testimony of a crucial identification witness". If the defense be not afforded the full and proper right of confrontation, it is difficult indeed, if not impossible, to determine the truth; and a trial, as we all so often say, is but a search for the truth. Pursuant to the exception set forth in…
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Shareholders of private prison corporations already profiting from border problems
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"Keeping the Police Honest"
Slate has a piece discussing how police react to being recorded and expressing skepticism about whether imcreased use of body cams would dampen inappropriate activity: At the moment, there’s an activist and citizen drive for police departments to use body...
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Prying Eyes: Federal Prosecutors and Attorney-Client Emails
The Washington Post today called for a moratorium on government prosecutors reading emails between federal inmates and their lawyers. It's absurd that such an editorial is necessary, or that anyone could reasonably debate the issue. Yet, the Post is currently on the losing side of this argument, as the government is doing all it can to intrude on the attorney-client relationship wherever possible.In New York federal courts, whether to allow prosecutorial spying on these communications is up to each judge on a case by case basis. Some have ruled in favor of government access, others have firmly rejected it. (See here). But in view of how important it is for clients to be able to speak openly with their lawyers, and the vast advantages government prosecutors already have over these defendants, providing a meaningful opportunity for counsel and client to speak is a small matter.Inmates in jail can communicate with their attorneys in a number of ways, but most are either open…
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 371 Gifts, Hospitality & the Government Contractor Jessica Tillipman The George Washington University Law School Date posted to database: 18 Jul 2014 2 285 The...
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California Three Strikes Law – Still Unfair for Some!
As an experienced Orange County criminal defense attorney, I have handled numerous “three strikes” cases. Those cases were considered “life cases” under the prior three strikes law, and included cases where the third strike was any non-serious and non-violent felony, including a simple drug possession charge. Thankfully, the law has changed. However, there are still some unfair aspects of the revised law. Traditional Three Strikes Law In 1994, California voters passed the three strikes law. This law applied to prior convictions that qualified as “strikes” and was an enhancement alleged against a defendant who had at least 2 strikes (convictions for “serious and violent” felonies), no matter how old the convictions were. For example, if a person had been convicted of a robbery offense (Penal Code section 211) in 1980, and then was convicted of felony criminal threats (Penal Code…
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DOMESTIC ASSAULT & BATTERY DISMISSED - CHINESE COUPLE
On January 4, 2014 LW, a Chinese national in the US on a work visa, was arrested at his home in Malden after his wife, also a Chinese national, called the Malden Police to report that he had shoved her and slapped her on the face. He was arraigned on the charge of domestic assault & battery in Malden Court on January 6, 2014 and his case was continued to February 11, 2014 for a pre-trial hearing. LW met with and retained Attorney Robert Lewin. Attorney Lewin explained how reluctant the Middlesex County DA's Office was to dismiss domestic assault & battery cases. Attorney Lewin spoke at length with LW's wife; she indicated that she did not want to testify against her husband and that she wanted the case dismissed. Attorney Lewin prepared a marital affidavit which LW's wife signed. Attorney Lewin obtained an English translation of their Chinese marriage certificate. Attorney Lewin met with the Assistant DA and presented the Marital Affidavit to the…
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Mix-up nearly costs sex offender 5 years in prison
ANy conviction in this matter is a miscarriage of justice; the man followed the spirit of the law and police instructions. 9-1-2014 Virginia: Although it may have seemed innocent enough, picking up his 13-yearold stepson from Salem Church Middle School on May 14 almost cost a county man five years in prison. Joseph Patrick Runyon Sr.’s wife had just started a new job and when school officials
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UB notifies campus of Level 2 sex offender in mass email
This is no more than harassment, vigilantism uncalled for, the State issued no such a notice no more than him being placed on the registry (Public Notified), accordingly there is no law requiring further dissemination of information. See highlight, the University made a decision to use the UNIVERSITY THREAT ALERT system, when there is no threat, which has never before been so used. 9-1-2014 New
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Lots more highlights from Marijuana Law, Policy and Reform
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What Happens After You Get Arrested?
What Happens After You Get Arrested? This weekend was the Budweiser Made in America Music Festival in downtown Los Angeles. Between Saturday and Sunday there were about 60 people either arrested or given a ticket to appear in court. What happens now? If one is given a citation or ticket to appear in court at a later date, then usually in three to 8 weeks they will be required to go to court to face either misdemeanor or infraction charges. If someone is physically arrested for a misdemeanor or a felony then they often have to post bail in order to get out of jail and return to court on a specific date to face their charges. To further explain things: An infraction, like a speeding ticket is punishable by a fine only and not by time in jail. A misdemeanor which could take the form of a ticket or an arrest is punishable by up to a year in county jail and/or a fine. Finally, a felony is punishable by more than one year in state prison and/or a fine. One way or another you will…
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About that Police "Militarization"....
Those who want to lecture us about the "lessons of Ferguson" without waiting to find out what actually happened there have opened a related front calling for disarming demilitarizing the police.This YouTube film of the London police in full fight from a mob of radical Muslims gives an eye-opening, if appalling, preview of what things will be like if the attack on the police succeeds.
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