At Slate, "Shadow Trial": This move to morph a grand jury inquiry, which is typically a short rundown of the case for the prosecution, into a trial-like parade of mountains of evidence raises serious issues about the rights of Michael...
More commentary on Ferguson grand jury
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Wisconsin State Lawmaker Bill Kramer gets work release for groping case
11-27-2014 Wisconsin: Wisconsin State Representative Bill Kramer,49, plead no contest Tuesday to two counts of fourth degree sex assault. He then turned around to face his victim and apologize. "My behavior was out of line," Kramer said. "I was boorish. I was intoxicated. You didn't deserve that." The Republican from Waukesha was given a five month jail sentence. He has ten days to report to
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Sex Offenders Have Constitutional Right to Post Online Without Revealing Identity
11-27-2014 California: A 2012 California voter initiative requiring registered sex offenders to disclose all their e-mail addresses, screen names, social networking user names and other online activities to local law enforcement likely violates the First Amendment, the U.S. Court of Appeals for the Ninth Circuit ruled Nov. 18. “Although this is not what some might call the classic
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Happy Thanksgiving to ALL of my Readers
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How Do I Get Charges Dropped in a San Diego Criminal Cases?
When you have been accused of committing a crime, one of the best options available to you is to try to get the charges dropped. Getting the charges dropped means that you do not need to go to court and take a chance on the outcome of the jury in ... The post How Do I Get Charges Dropped in a San Diego Criminal Cases? appeared first on Law Office of Domenic J. Lombardo.
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Ghoncheh Ghavami released but Iran must drop all charges against her
Ghoncheh Ghavami When Ghoncheh Ghavami decided to take a stand this past June to protest Iran’s ban on women attending volleyball games, she likely did not figure she’d spend the rest of the summer and fall sitting in a miserable prison cell. Ms. Ghavami, who just turned 26, surely also did not predict that her call for equality would generate hundreds of thousands of supportive voices from around the world. The outpouring of support for this brave young woman has truly been extraordinary and I do believe, although cannot prove it, that the outrage at her imprisonment, expressed by so many thousands of people around the world—including many Amnesty International activists—contributed to the Iranian government’s decision to release her on bail on Sunday, pending the outcome of her appeal against her one-year prison sentence (plus two-year travel ban) for “spreading propaganda against the system.” But the happy news of her…
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Proposed Bill Would Amend New Jersey DWI Law by Adding “Zero Tolerance” Provisions for Inhalants
A New Jersey Senate committee has approved a bill that would amend the state’s driving while intoxicated (DWI) statute to more specifically address driving while under the influence of inhalants. Supporters dubbed the bill “Kimmie’s Law,” after a teenager who died after a car accident with a driver who had allegedly “huffed” dust cleaner. While New Jersey’s DWI statute identifies specific levels of alcohol intoxication, it does not do so for other substances. Testing for inhalants is especially difficult, since the chemicals are not detectable in the bloodstream for long. The proposed bill would make it an offense to drive with any amount of an inhalant in one’s blood. “Huffing” is undoubtedly a serious health problem, particularly among young people who use it as a cheap way of getting high. Applying a “zero tolerance” approach in a criminal statute in this manner, however, presents its own problems.…
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Massachusetts Theft Crimes: How Not To Be A Victim During Christmas Season
It’s the holiday season, and it’s gotten here faster than you can say, “Black Friday.” Shopping malls – and their parking lots – are famous for being places where all types of crimes can occur – everything from auto thefts, to car-jackings, to thefts of shopping bags filled with purchases, to assault and battery. As a Massachusetts larceny crimes lawyer, I've seen more than my share of Massachusetts larceny and Massachusetts robbery charges, and I have some tips to help everyone stay safe at the mall when shopping during the Christmas season. 1). Try to park in a well-lit area. Of course, most shoppers compete for parking spaces during the holidays, and feel lucky to find a space anywhere. But try to find a spot near the store entrances, or in a well-traveled area that looks busy with people – and not in a deserted area in the back of the mall, or in the dark. If you think you might forget your location, use your…
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The Ferguson Model of Grand Jury Love
Embracing the Ferguson model, prosecutors will hereinafter represent the defendant in the grand jury. That is all. –Twit, 26 November, 2014, 9:11 a.m. There was the process. There was the evidence. There was, unexpectedly, a synergy of the two. It was not only theatre to appease the critical demands of the angry locals, but one carefully orchestrated to make sure that there would be standing ovation at the end. Many have scratched the surface of the grand jury proceeding that returned no indictment of Darren Wilson for the killing of Michael Brown, concluding that it was a sham, never meant to indict but to create the show that quiets the maddening crowd. They think this is an epiphany. Others have noted that this isn’t lawful, as the prosecutor can’t present a case to the grand jury in which he doesn’t believe, and to do so only to silence demands is unethical (they call it unlawful, but they must be forgiven such minor…
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Dead Wrong About Tamir Rice
When news of the killing of 12-year-old Tamir Rice broke, I tried to be the honest broker I aspire to be. Tragic outcomes don’t necessarily mean wrongful causes. Sometimes a tragedy occurs and there is no one to blame. This may be one of those times. No. This was not “one of those times.” I was wrong. Dead wrong. Tamir Rice was executed. I was impressed by the way in which the police appeared to immediately “come clean” with the details of the shooting, with the disclosure of the 911 recording that showed that they were open to criticism, and yet gave it up anyway. These suggested to me that the police narrative, messy as it was, rung true. And so, I gave the police the benefit of the doubt. I was wrong. This surveillance video of the killing of Tamir Rice surfaced yesterday. It’s grainy, but that doesn’t alter what it shows. The police drove up to within feet of a 12-year-old boy, and the office…
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Happy Thanksgiving
Thank you to all of you who trust us to represent you through the tough times in your life. We are thankful for the trust you place in us and for the opportunity to represent you. We will use this season as a rededication to you, our clients. We are thankful for the notes of thanks we receive from past clients and we are thankful for all of you who tell a trusted friend that we can help them. We [Read the full post. . .]
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A day to be Thankful and Responsible
Remember drinking and driving do not mix - so this 2014 holiday period please do not drink and drive. There are many many ways to get home these days and at a fraction of what a DUI will cost you.
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Clay County man arrested after buying materials used to cook meth
A Clay County man who was part of an ongoing methamphetamines investigation was arrested this month, accused of purchasing many of the chemicals needed to produce the drug. Police said they were alerted that the man bought a package of cold medicine used to make meth from a Jacksonville pharmacy, according to a report in the Florida Times-Union. Investigators were alerted because the man was already on a watch list for people suspected of making methamphetamines, the newspaper reported. When police tracked him down, they allegedly found him with a plastic bottle positioned to cook the meth in his car, along with other chemicals, the newspaper reported. Police then searched his home and found more chemicals hidden in the ceiling, the newspaper reported. He is now charged with trafficking in methamphetamines, a first-degree felony punishable by up to 30 years in state prison. The defendant is also facing a charge of producing methamphetamines, a second-degree felony with a…
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Köhnken: Fifty-fifty-Chance, Lügner zu enttarnen
Günter Köhnken gehört zu den angesehensten und erfahrensten Rechtspsychologen in Deutschland, dessen Spezialgebiet insbesondere die Beurteilung der Glaubwürdigkeit von Zeugenaussagen vor Gericht ist.1 Im „Spiegel“-Interview erklärt der Professor der Universität Kiel kurz und in verständlicher Art und Weise, warum es so schwierig ist, Falschaussagen zu erkennen. Für die Glaubwürdigkeit von Zeugen zählt nicht das äußere Erscheinungsbild // Foto: Stephanie Hofschläger / pixelio Kein Zusammenhang zwischen Täuschung und nonverbaler Kommunikation Wer eine Falschaussage erkennen will, braucht einen ungetrübten und unvoreingenommenen Blick auf die Aussageperson. Es zählt in den Bereich der „Küchenpsychologie“ zu glauben, dass Lügner eher schwitzen, Augenkontakt vermeiden, den Blick abwenden sowie nervös mit ihren Fingern spielen oder den Füßen wippen…
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MADD Urges Drivers to "Tie One On" for Safety
The period between Thanksgiving and New Year's DAy is an especially dangerous time on roads because there is a big increase in the number of people who drive drunk. Alcohol is responsible for around 52 percent of deadly crashes on Christmas, and 57 percent of fatal accidents on New Year's Day, compared to 41 percent over the course of the entire year. Further, as The Telegram reports, there will be around 25,000 injuries and 1,200 alcohol-related fatalities in the U.S. over the course of the holiday season. A Boston drunk driving accident lawyer knows police usually step up enforcement during the holidays and especially around high-risk times like New Years Eve in order to try to prevent impaired motorists from causing collisions. Ultimately, however, it is up to individual drivers to make smart and informed choices about not getting behind the wheel when they have consumed too much to drink. To help raise awareness and remind motorists about the dangers of…
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Wer einen Montblanc bestellt hat, bleibt vertraulich
Das Bundesverwaltungsgericht in Leipzig entschied heute in der sog. Montblanc-„Affäre“. Jeder Abgeordnete des Deutschen Bundestages kann derzeit bis zu 12.000 Euro pro Jahr für Büro– und Geschäftsbedarf ausgeben, ohne darüber Rechenschaft ablegen zu müssen. Bundestagsabgeordnete kauften im großen Stil Schreibgeräte von Montblanc Eine große überregionale Tageszeitung wollte nun unter Berufung auf das Informationsfreiheitsgesetz (IFG) von der Bundestagsverwaltung Zugang zu Informationen über Anschaffungen, die die Abgeordneten des Deutschen Bundestages getätigt haben. Konkret ging es darum, welcher Bundestagsabgeordnete mit den 12.000 Euro wieviele Füllfederhalter der Marke Montblanc oder andere hochwertige Ausstattung wie etwa Digitalkameras oder iPods angeschafft und über ein Sachleistungskonto bei der Verwaltung des Bundestages abgerechnet hat. In den Vorinstanzen sind die…
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Court Ruling May Make Footage of Traffic Stops Available Earlier in New Jersey DWI Cases
Two recent rulings from a New Jersey court may allow defendants and the public to view police dashboard camera footage from traffic stops. The plaintiffs sought videos from specific stops, both involving alleged police misconduct, under the state’s Open Public Records Act (OPRA). The Ocean County Prosecutor’s Office (OCPO), a defendant in both cases, refused to produce the footage. The judge ruled for the plaintiffs, which could allow the public to view police camera footage without the formal discovery process in a criminal case. For defendants charged with driving while intoxicated (DWI), this means that they could see footage of their traffic stop much earlier in the case. A New Jersey law signed by the governor in September makes cameras mandatory for all vehicles acquired by police departments after the law takes effect in March 2015. Many police departments already use dashboard cameras, and some are testing cameras worn by officers. These cameras present both…
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Judicial Fact-Making
Allison Orr Larsen, Factual Precedents, 162 U. Pa. L. Rev. 59 (2013) Adam Steinman Two judicial and scholarly heavyweights squared off recently in a case challenging the constitutionality of Wisconsin’s voter ID law. Writing for the Seventh Circuit panel, Judge Easterbrook reasoned that “whether a photo ID requirement promotes public confidence in the electoral system is a ‘legislative fact’—a proposition about the state of the world, as opposed to a proposition about these litigants or about a single state.” The Seventh Circuit was bound to accept that a photo ID requirement did promote public confidence in elections because “[o]n matters of legislative fact, courts accept the findings of legislatures and judges of lower courts must accept findings by the Supreme Court.” Dissenting from the denial of rehearing en banc, Judge Posner responded that Easterbrook’s approach “conjures up a fact-free cocoon.”…
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Judge's Decision in Etan Patz Case Highlights the Significance of False Confessions
A recent decision in New York has highlighted the role of false confessions in a case outcome. New York judge, Maxwell Wiley, has ruled a confession admissible despite the defendant's low IQ and the lengthy duration of the interrogation process. The Confession Pedro Hernandez, who was 19 at the time, was accused of luring and killing 6-year old Etan Patz in a New York City case that occurred 33 years ago. Patz was on his way to school bus stop when he was allegedly lured into the basement of a convenience store and choked to death; his body disposed of in the trash. Although Patz' body was never found, Hernandez confessed to the murder when he was brought in for questioning back in May 2012. Over 2 days, Hernandez was subjected to a 7 ½ hour police interrogation, a 20-minute video statement after the interrogation and another statement at the district attorney's office the following morning. According to a CNN report, Hernandez claimed he "did a…
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Teen Sexting: An In-Depth Look at the Trend
11-28-2014 Virginia: Young love is leading to teenagers to commit serious crimes, but most of them do not face serious consequences. Boyfriends and girlfriends are sexting each other – sending sexually explicit photos, images, text messages, or emails via cellphone or mobile devices - and every time they do, they break child pornography laws. Those laws can carry hefty prison sentences, but in
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