Studentische Rechtsberatung ist eigentlich nicht neu. Schon lange erhalten die Studierenden an ihren Universitäten Hilfe bei Rechtsproblemen – etwa durch den AStA, in dem Rechtsanwälte oder Mitarbeiter mit Befähigung zum Richteramt für Studierende tätig werden. Neu hingegen ist eine Beratung durch Studierende, wie es sie an vielen Universitäten mittlerweile gibt und sich nicht nur auf die anderen Studierende beschränkt. Es geht nicht um Noten, sondern um Menschen Menschen mit geringem Einkommen, also solchen, die sich bisher häufig keinen Rechtsanwalt leisten konnten, erhalten dort, in einer „Law Clinic“ durch Jurastudenten der höheren Semester kostenlos und abhängig Rat sowie Hilfestellung bei unterschiedlichsten rechtlichen Problemen. Es ist eine „win-win“-Situation: Die Ratsuchenden erhalten niedrigschwellige Rechtshilfe, die Studierenden können ihr erlerntes Wissen praktisch anwenden,…
Studentische Rechtsberatung in der Law Clinic
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Crime reduction rates show little link to incarceration
The justification for mass incarceration has always been public safety. But this new analysis from the Pew Charitable Trust shows that "higher threats of incarceration don't actually deter criminal activity." Indeed, states which reduced incarceration rates saw similar or even greater reductions in crime from 1994 to 2012 than those that expanded their number of prisoners. For example, New York State reduced its incarceration rate the most over this period (by 24 percent) but also saw the largest reduction in crime. Meanwhile the state with the greatest rise in incarceration rate (percentage-wise) was West Virginia, which expanded its prison population by 195 percent while it was the only US state to see crime INCREASE over this period.RELATED: On my "to read" list is a new, seemingly exhaustive analysis by the National Academy of Sciences (published in May) titled "The Growth of Incarceration in the United States: Causes and…
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Texas' mandatory blood draw statute on DWI under fire
Texas' warrantless blood draw statute has been challenged and in some cases declared unconstitutional by intermediate state appellate judges in the wake of the Supreme Court's 2013 McNeely decision. Tyler's 12th Court of Appeals became the latest to contend "the implied consent and mandatory blood draw statutory schemes found in the transportation code are not exceptions to the warrant requirement under the Fourth Amendment."Another pro-Fourth Amendment opinion from a Texas appellate court on the topic came in July from the Fourth Court of Appeals in San Antonio, ruling that "warrantless searches are presumed unreasonable and must be justified on a case by case basis."The SA Express News editorialized recently that the Court of Criminal Appeals should pick up a case to clarify the issue, and at some point they surely will. But if they go against the lower courts and uphold the current statute, we might see the issue challenged…
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Why Austin property taxes are so high
Austin pays our cops too much, has too many of them, and most of our city council is in the pocket of the police union. So thanks to Bill Spelman and Laura Morrison for at least trying to inject reason (and math) into the city's dysfunctional budget discussions. Reported the Austin Chronicle:"public safety" (police, fire, EMS) will consume 70% of next year's $854 million GF budget (even excluding municipal courts), with APD alone representing 42%. Parks and libraries (generally cut first in lean times) together consume 13%; and Health and Human Services (contributing at least partly to "public safety") is another 6%. That's quite nearly everything – and it also bears emphasis that the public safety portion continues to grow, a trend that is literally unsustainable.Unless, of course, we're prepared eventually to spend our money on police, fire, and emergency services, and nothing else. Failing that, Spelman's hoping…
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Deputy seeks sex offender dick pics
A Sheriff's deputy in Wise County has been arrested in a bizarre incident. Sgt. Chad Hightower told sex offenders the state now required him to photograph them nude. He even told one fellow he must achieve an erection for the photo shoot, which took place in the police impound yard. Unreal.Apparently similar photos were found on the deputy's camera involving other sex offenders, which to me indicates how easily this powerless population may be manipulated and abused. They've been stripped of so many rights, subjected to so many degradations, that it's near-impossible for a layperson to judge the legitimacy of such demands and requires tremendous courage to confront abuses.
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Pittsburgh Steelers Running Back Didn't Know He Could Get DUI While High
According to a recent article from CBS Sports, Pittsburgh Steelers running back Le'Veon Bell did not know that he could be charged with a DUI for smoking marijuana before driving. As your Boston drunk driving car accident lawyer understands, the term "drunk driving" is not a legal term. The crime itself takes a different name depending on the relevant state code. For example, in Massachusetts, the crime of drunk driving is called Operating Under the Influence (OUI) of intoxicating liquor or drugs. Prosecutors will typically refer to it as OUI liquor or OUI drugs when speaking in court. As noted in this article, Bell, along with fellow Steelers running back LaGarrette Blount, was arrested for possession of marijuana a few hours before a team flight to Philadelphia. Bell, the driver of the car in which the two men were riding, was charged with driving under the influence of drugs (marijuana). According to police, Bell stated that he didn't know that…
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The New Witnesses To Old News
For a while, it seems as if the killing Michael Brown in Ferguson, Missouri, had legs. It remains on our radar with images of residents and media corralled like vermin in their own country, a sight that seemed to finally resonate with people who were disinclined to sprain a synapse thinking unhappy thoughts. But the legs finally gave out. So what if the revelation of the purported theft of Swisher Sweets because of so many FOIA requests was a lie? So what if the cop’s story came via unnamed (except for “Joise”), unknown witnesses, whose story was served up a call-in to a talk show, as opposed to named, scrutinized witnesses? It was sufficient to blunt our vision and concern. And really, that was all that was needed to take our focus off Michael Brown, the armed troops of police bringing order back to Ferguson and the causes of misery in the suburbs of St. Louis. Plus, there was a new iPhone coming out. Two more witnesses…
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The Dirty Skin Defense
A few years ago, I assisted in a DUI trial where the jury acquitted the defendant partly because of the reasonable doubt raised by a defense expert who testified that the defendant’s “dirty skin” could have created a false positive blood test. It would have been the defendant’s second California DUI conviction Although I don’t remember the specifics of the stop or the DUI investigation, what I do remember is that the defendant opted for a blood test following his DUI arrest. When the results of the blood test came back, he was at a blood alcohol content level of 0.08 percent or slightly over. The defendant took the case to trial. Testimony at trial revealed that it took the prosecutor’s crime lab over a month to analyze the defendant’s blood. As the result of a backlog in cases, this is not an uncommon practice in Southern California county crime labs. This seemingly innocuous fact, opened the door for the defense to raise reasonable…
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Congress and White House One Step Behind on Syria Rebels
The White House is pushing Congress to vote on on arming the "moderate" Syrian rebels. Repubicans are getting on board, and a vote may happen Tuesday. If its not the Syrian opposition, trained and equipped by the United States, authorized... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Short Wins - the Distribution of Child Pornography Gets (slightly) Limited Edition
Child porn cases are turning out to be a surprisingly large portion of what's in federal court. Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem. All of us have times in our lives when we're in the wilderness, when we feel adrift and alienated and unsure of where we're going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. "The mass of men lead lives of quiet desparation" and all that. Maybe this desperation is more acute in these times, maybe it's an inevitable part of what it is to be human. In any event, as anyone who has defended someone who has been accused of possession of child pornography knows, unfortunately, some folks come to this dark place in their lives and instead of drinking their time away, they turn to…
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Labor Day Weekend Brought Increased DUI Enforcement to Michigan Counties
Labor Day weekend has traditionally a time to get together with friends and family and celebrate each others’ company. However, it is also no secret that three-day weekends bring out the partier in many Michiganders, and Labor Day is no exception. According to one report by a local news source, last year there were 10 people who were killed in drunk-driving related accidents. It is for this very reason that Michigan police across the state stepped up enforcement of drunk-driving related crimes over last weekend’s holiday. Police across the state increased their enforcement efforts over the weekend in the following counties: Alpena, Antrim, Allegan, Berrien, Calhoun, Charlevoix, Chippewa, Cheboygan, Crawford, Delta, Dickinson, Eaton, Emmet, Genesee, Gogebic, Grand Traverse, Houghton, Ingham, Jackson, Kalamazoo, Kalkaska, Kent, Leelanau, Livingston, Mackinac, Macomb, Manistee, Marquette, Menominee, Monroe, Muskegon, Oakland, Otsego, Ottawa, Saginaw, St.…
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Former Lawyer Charged with Defrauding Clients in Advance Loan Fee Scam
Michael Rene Berlon, 55, Grayson, Georgia, former attorney, has been arraigned on federal charges of mail and wire fraud in Utah for his role in defrauding clients in an advance fee loan scam. According to the charges, and other information presented in court: Berlon, who practiced in Grayson, Ga., through his law firm, the Law Office of Michael R. Berlon, is charged with obtaining funds from clients of his law firm and other individuals through false pretenses. The indictment alleges that in one instance, Berlon obtained money from two individuals who were looking for his assistance with starting a new business. He told the victims that he would help them get a loan, but they were required to provide a percentage of the requested loan amount as a down payment. Instead of assisting them with obtaining a loan, Berlon used the funds for his personal expenses and debts. In total, it is alleged that Berlon received at least $1.8 million in client funds from 2008-2013. The…
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30, 20 and 10 Year Sentences Handed Down for $37M Real Estate Ponzi Scheme
Christopher Jackson, 46, Elk Grove, California, was sentenced to 30 years in prison; Michael Bolden, 60, Sacramento, California, was sentenced to 20 years in prison; and Victor Alvarado, 53, Sacramento, was sentenced to 10 years in prison for their roles in the Diversified Management Consultants real estate Ponzi scheme. . United States District Judge Troy L. Nunley sentenced each defendant during a daylong hearing in which he heard from many defrauded investors and an FBI forensic accountant. At the end of the day, the court determined that three remaining co-defendants will be sentenced at a later date. After hearing from victims, Judge Nunley characterized the scheme as outright greed, saying, “When you had an opportunity to stop, even when it involved your own family members, you didn’t. This is one of the worst fraud schemes I have ever seen.” According to court documents, between 2003 and 2009, Diversified Management Consultants (DMC) purported to help…
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I90 is back open
I90 has been reopened. We appreciate the patience during this incident, as we know there were long delays due to heavy traffic.
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Wisconsin police chief advocate marijuana legalization to fund treatment for harder drugs
This Wisconsin State Journal article, headlined "Police chief: Legalize marijuana, use tax revenue to fund drug treatment," reports on a local police chief's notable response to reports highlighting racial disparities on who gets arrested for marijuana offenses. Here are excerpts from the article: Madison Police Chief Mike Koval endorsed the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-782O9Cp-c8" height="1" width="1"/>
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Kamali on Felony and Intentionality in Medieval England
Elizabeth Papp Kamali has posted Felonia Felonice Facta: Felony and Intentionality in Medieval England (Criminal Law and Philosophy (2014 Forthcoming)) on SSRN. Here is the abstract: This paper explores the meaning of the word “felony” in thirteenth and fourteenth century...
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ETKS Partner Lawrence L. Kasperek to receive the 2014 Jeffrey A. Jacobs Memorial Award
Congratulations to our partner Larry Kasperek, the 2014 Jeffery A. Jacobs Memorial Award recipient. The award is to be presented on September 20, 2014 at the Defense Community Dinner at the Rochester Institute of Technology, sponsored by the Monroe County Public Defender’s Office and the New York State Defender’s Association. Jeff Jacobs is remembered as an outstanding attorney and person who was a fierce advocate for his clients and proud of having tried more than 100 felony cases in his career. Many of his trials were complex cases requiring familiarity with novel scientific theories and the development of effective trial strategies. In addition, Jacobs was a role model and mentor for younger assistant public defenders, generously giving his time and encouragement.The award recognizes a criminal defense attorney from the Monroe County area who has demonstrated these qualities, including in particular, zealous client advocacy in complex…
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Monday Night Open Thread
Long day, just getting home. I'm going to catch up with ISIS and other news. DWTS has a new season tonight. Tommy Chong is one of the new contestants. This interview with him about the show and pot is pretty funny. (Added: I just saw Tommy... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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One Vehicle Rollover Sends Two to Hospital
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 9/15/2014 10:31 p.m. Please direct questions to the District Office On Monday, September 15th, 2014 at approximately 5:34 p.m., the Idaho State Police investigated a two-vehicle injury crash in Fruitland. Carolyn Lloyd, 76, of Payette, was northbound on Pennsylvania Ave in a 2004 Pontiac Grand Am. Julia Webb, 45, of Payette, was westbound on 16th Street in a 1991 Ford F800 truck. Lloyd failed to stop at the stop sign and was struck by Webb's vehicle. Lloyd was taken to St. Luke's Clinic in Fruitland by ground ambulance. Lloyd's two juvenile passengers, ages 11 and 14, were taken by air ambulance to St. Alphonsus Regional Medical Center in Boise. Webb…
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What Are Minimum Mandatory Sentences?
If you are charged with a criminal offense in the State of California you will face a number of potential penalties if convicted of the offense. The exact penalties, both judicial and non-judicial, you face will depend on a number of factors. Many criminal offenses in California include minimum mandatory ... The post What Are Minimum Mandatory Sentences? appeared first on Law Office of Domenic J. Lombardo.
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