There is no factual basis that prostitution encourages the spread of organized crime. Prostitution plays a small and declining role in organized crime's operation". There is no proof that prostitution is the cause in fact of organized crime. Therefore, it is improper and unreasonable for the state to proscribe prostitution as a method of curbing organized crime. Another type of harm attributed to prostitution is that it injures the community. Underlying this claim are the allegations that commercial sex undermines the stability of the family and is simply immoral. As Held in People v Costello, the law may seek to legislate morality, but it must do so without offending the constitutional protections of the due process clause and the right of privacy. The Penal Law should act to deprive an individual of liberty only when a real and demonstrable harm to the public can result from the proscribed conduct. The state cannot rely upon the bare assertion of immorality to…
Paragraph Ten of the Bill of Particulars...cont
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Private Prisons and Recidivism
Lots of interesting stuff in the weekend Wall Street Journal today. The nonsubscriber links provided should be good for seven days. The article most clearly on-topic is by Devlin Barrett on private prison companies and rehabilitation.Damon Hininger, chief executive of Nashville, Tenn.-based Corrections Corp. of America, said in an interview that government clients are increasingly concerned about the long-term costs of housing inmates and are pushing CCA and other private operators to save them money by reducing recidivism, the number of inmates who are released only to do a repeat turn in prison.He plans to expand the company's prison rehabilitation programs, drug counseling and its prisoner re-entry work in cities around the country. It's a significant shift for CCA, which has built a profitable business from incarcerating people--nearly 70,000 inmates are currently housed in more than 60 facilities. The company is the fifth-largest correction system in…
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The Life of Cosby
Edward Kosner has this book review in the WSJ, reviewing Cosby by Mark Whittaker.From the start Mr. Cosby never played the race card--in fact, he kept it so far up his sleeve that it was invisible. He did perform at benefits for civil-rights causes and walk in the cortège after the assassination of Martin Luther King. But he made few public pronouncements, and his TV shows and movies strenuously avoided racial issues. NBC executives anticipated white protests when "I Spy" went on the network, but there was hardly any blowback.Criticism, instead, came later from some blacks who felt the Huxtable ménage was a fairy-tale about black family life that diverted attention from the obdurate problems of African-Americans. Mr. Cosby further inflamed them when he began to lecture black mothers, and especially fathers. "I'm talking about these people who cry when their son is standing there in an orange [prison] suit," he exclaimed at a celebration of…
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Court reasoned that indecent assault is a federal felony...cont
The People have presented no evidence of any kind suggesting that naval sex offenders must register with the Navy or have any ongoing obligation to keep the Navy informed of their whereabouts once they leave the service. Furthermore, the People have presented no evidence that the Navy or Department of Defense maintains any registry or equivalent database; if there is no registry, there can be no registration and no registrants. Because the People have not shown that criminal defendant ever had any obligation to register with the other jurisdiction, they have not met the second statutory requirement for registration in New York. On the state of this record, we are unprepared to say whether, in a new proceeding, the People may be able to sustain a declaration that defendant must register in New York. Unless amended, section 168-a (2)(d)(ii) might not apply to any military convictions and we agree with our concurring colleague's suggestion that the Legislature examine the…
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Recent posts of special note from "Hercules and the Umpire"
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Why You Take the Press with a Grain of Salt
I've often noted that journalism, and in particular the reporting (and non-reporting) of crime, is not to be taken at face value. The most deceptive part is not the slanting of stories, although that's a major problem. The most deceptive part is what gets covered and what gets deep-sixed.Last weekend, the Palin family was apparently involved in a booze-filled free-for-all at a family party in Anchorage. This was covered by the New York Times, CNN, USA Today, the Washington Post, ABC, MSNBC, and a whole bunch more.Fair enough. Sarah Palin was a candidate for Vice President six years ago and remains, kind of, a voice within the Republican Party. So I get the coverage.What I don't get is the press's simultaneous and virtually uniform refusal to cover a grisly murder rampage by an avowed Jihadist. As the conservative blog Powerline reports:If a Jihadist were going around the United States committing…
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As Ray Rice Gets Scratched From Roster, I Continue to Scratch My Head
For those of you who have been able to stick to FM radio, mute your televisions, and avoid the water cooler in recent weeks, former Baltimore Ravens Pro Bowl running back Ray Rice has been indefinitely suspended by the NFL, and everyone is talking about it.Photo by Keith Allison - Licensed under CC BY-SA 2.0 Rice, who was originally suspended for two games for punching his then-fiancé Janay Palmer in a New Jersey casino elevator, had his punishment enhanced to an “indefinite suspension” by NFL commissioner Roger Goodell after TMZ Sports released full video of the incident to the public. While public opinion seems to be in favor of Ray Rice losing his job, I am personally in disbelief and can’t help but think, is everyone blind to what the NFL and media is doing here? Aside from Rice, there are 14 other currently active NFL players with a history of alleged domestic violence, and not one was suspended indefinitely. Additionally, the NFL was…
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State v. Buckland: The Admissibility of Breath Test Results in a DUI Trial
State v. Buckland, a case from the Connecticut Supreme Court, involved a defendant (“Defendant”) who was convicted of operating a motor vehicle while under the Influence (DUI) of intoxicating liquor and operating a motor vehicle while having an elevated blood-alcohol content (BAC). In Alabama, your Birmingham DUI defense attorney can explain that the legal limit is 0.08 grams of ethanol (drinking alcohol) per 100 milliliters of blood. In Buckland, Defendant was driving his car when a state special constable, using radar gun, observed him traveling at 50mph in a 34mph zone. The constable pulled Defendant over after he had driven an additional seven-tenths of mile before stopping. When the officer approached the driver’s side of the vehicle, he detected an odor of alcohol through Defendant’s open widow. The officer noted in his police report that Defendant’s speech was a slurred, and his eyes were glossy. Defendant also had difficulty…
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Prosecutors withheld evidence in shaky Dallas murder convictions
Two Dallas men convicted of the 1999 murder of a Dallas pastor are seeking to be declared innocent, or at least receive a new trial, "on the basis of new DNA evidence and a trial they say was tainted by false evidence knowingly presented by prosecutors." Reported the Dallas News, "the two men were convicted on testimony from jailhouse informants and an unrecorded confession."Whether or not the DNA proves them innocent, it's pretty clear prosecutors withheld exculpatory evidence. When the DA gave attorneys with the Innocence Project of Texas and the national Innocence Project their case file:attorneys found letters from the inmates who had testified that they’d heard the two men admitting the murder.During their court testimony, the informants said they had not been “promised, sought or expected any personal benefit for their testimony.”But letters from those inmates found in the file demanded benefits, such as reduced sentences for…
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"Feds release guidance on police body cameras"
From Politico: Body-worn cameras on police officers can increase accountability of police and improve evidence gathering, but if departments are going to use them they must address concerns of officers and the community, according to guidance released by the Justice...
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2014 Colorado State Legislature Consolidate All Criminal Record Sealing Laws
By H. Michael Steinberg Colorado Sealing - Expungement Criminal Defense Lawyer In a move that was hailed by the Colorado criminal defense bar - the Colorado state legislature moved ALL of Colorado's laws pertaining to the sealing / expungement of criminal offenses into one place in the Colorado Criminal Code. The new law also now allows a person to seal a Colorado arrest record if they have not been charged with a crime, the statute of limitations has not run, and the person is no longer being investigated by law enforcement. To locate and read the following statutes FOLLOW THIS LINK then plug in the statute that governs your situation. Colorado's Laws On Sealing And Expunging Records Except for juvenile records - Colorado only offers SEALING of criminal records. Expunging a criminal record means destroying them - sealing them means making the criminal records or making them inaccessible. Expungement of criminal records involves the removal of the criminal…
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*UPDATE* Idaho State Police Investigate Fatal Hit and Run in Jerome
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 09/13/2014 5:50 pm Please direct questions to the District Office *****************UPDATE*************** A suspect has been identified. Idaho State Police is working with the Jerome County Prosecutor's Office while this case is still under investigation. Charges are pending. ****************END UPDATE************ *correction* this occurred on September 12th On September 9, 2014, at approximately 6:20 p.m., a two year old male was struck and killed while crossing 21st Avenue, west of Tiger Drive, in Jerome, Idaho. The vehicle that struck the child was described by witnesses as a black four door Dodge Ram Pickup with a silver toolbox in the bed. The pickup,…
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"Ray Rice Case Draws Attention to a Crime Often Obscured"
From The New York Times: In the criminal justice system, however, many of those who routinely handle domestic violence cases say the episode is simply a highly public example of a well-known fact: Violent domestic assaults rarely lead to jail...
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ISIS Executes David Haines, Alan Henning Next
ISIS, through Al Furqan Media, has released a video, Message to Allies of America, in which British hostage David Cawthorne Haines meets the same fate as James Foley and Steven Sotloff. The same black-clad killer narrates. Instead of being... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Just the Beginning: Studying the Global Demography of Lawyers
Ethan Michelson, Women in the Legal Profession, 1970-2010: A Study of the Global Supply of Lawyers, 20 Ind. J. Global Legal Stud. 1071 (2013). Sida Liu In the past a few decades, feminization has been one of the most notable developments in the legal profession worldwide. From Continental Europe to North America, from Latin America to Asia, research has shown a rapid increase in the proportion of female lawyers in vastly different national and legal contexts (see Kay and Gorman 2008 for a review). Yet few existing studies provide a good cross-national comparison of the global trends of lawyer feminization. Despite the enduring structural barriers in recruitment, compensation, and promotion that women face in law firms and other elite legal institutions, they have continued to enter the bar in vastly different social contexts. What are the driving forces behind the feminization of lawyers? And how does this process vary from one country to another? Using data…
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Recreating Books and Records For a Tax Audit
You are being audited. These are some of the most dreaded words an individual or business will ever hear from a state or federal tax auditor. They invoke fear, panic, and sometimes anger. Most of all, they create a need for documentation. Every number could be scrutinized. That means documentation must be produced to support […]
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Fatal Crash Johnston Cutoff Rd, Grangeville, ID
Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 CASE #: L14000880 District: Two --------------------- PRESS RELEASE ----------------------------- DATE: 9/14/15 TIME: 9:39 PM LOCATION: Johnston Cutoff Rd @ milepost 0.5 ASSISTING AGENCIES: Idaho County Sheriff's Office, Grangeville Police Department ------------- VEHICLE #1 DRIVER: James K. Prevot AGE: 52 ADDRESS: Ely, NV INJURIES?: No HOSPITAL TAKEN?: N/A VEHICLE YEAR: 2010 VEHICLE MAKE: Subaru VEHICLE MODEL: Forester WRECKER: Dale's Rescue Towing SEATBELTS WORN?: Yes ------------- VEHICLE #2 DRIVER: Arlen L. Burton AGE: 60 ADDRESS: Grangeville, ID INJURIES?: Fatal HOSPITAL TAKEN?: Syringa Hospital, Grangeville VEHICLE YEAR: 2009 VEHICLE MAKE:…
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DaytonDUI Court Finder: Where Is Your DUI Case?
DUI Court Finder You have found the DaytonDUI Court Finder. Below are links to almost every municipal court in the Miami Valley. Most of these sites allow you to look up case information and provide valuable information about interfacing with the court regarding your case. If you hire DaytonDUI, you can follow you case on-line at these sites as well. If you have any questions about your case or how a particular court handles DUI issues like: arraignment, driving privileges, pre-trial conferences, probation or motions to suppress, call us at (937) 318-1384 [318-1DUI] Montgomery County Municipal Courts Montgomery County Municipal Court (Eastern Division) Montgomery County Municipal Court (Western Division) Dayton Municipal Kettering Municipal Oakwood Municipal Miamisburg Municipal Vandalia Municipal Greene County Municipal Courts Fairborn/Beavercreek Municipal Xenia Municipal Clark County Municipal Court (covering all of Clark County, Ohio) Clark…
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The Shower, the Video, Twitter and Invasion of Privacy
Gerald Brown was “indicted on two counts of third-degree invasion of privacy”, in violation of New Jersey Statutes § 2C:14–9b and 14–9c, for “surreptitiously videotaping the victim, his former girlfriend D.W., as she prepared to take a shower and uploading that video to a Twitter account for dissemination to others following their breakup.” State v. Brown, 2014 WL 4450430 (Superior Court of New Jersey, Appellate Division 2014). The case went to trial and, in this opinion, the Appellate Division is ruling on the State's interlocutory appeal from the grant of defendant Gerald Brown's in limine motion requiring the State to produce an expert to explain internet service provider and cell phone records it intends to introduce at defendant's trial to establish that defendant uploaded a video of his former girlfriend in a state of undress. State v. Brown, supra. Before we get to that issue, I need to outline how…
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Encouragingly, private prison company CCA turning focus to reducing recidivism
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More Pages to Explore .....
