Race is morally irrelevant and in a correctly functioning world would be legally irrelevant. But that is not the world we live in, and discussing race on a criminal law blog has become, unfortunately from my point of view, inescapable.President Obama says that race relations have improved. This is simply false, as I noted in Race Relations Tank.The reason they've tanked under the President's grievance-pumping Administration isn't hard to figure out. The flashpoint was the Ferguson riot. To say the least, things have not improved since. Here's a start on the explanation:Obama "assured" NPR that the issue of mistrust between police and minority communities isn't new. He claimed, though, that it hasn't been widely discussed until now, and that the current discussion is "probably healthy."But the problem that has surfaced under Obama isn't "discussion" of police-community relations. The…
Race Relations Tank, Part II
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Big 2014 data (and big 2015 plans?) from US Sentencing Commission
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The Perils of an Undercover Sex Sting – Inside Florida’s “Operation Wrong Destination”
Fifteen men are headed to state prison in Raiford after being convicted of various Florida sex crimes thanks to Operation Wrong Destination, according to JacksonvilleNews.com. Operation Wrong Destination, a five-day undercover sting, took place in Green Grove Springs and allegedly uncovered that these men had been “traveling to meet a minor to do unlawful acts.” Prosecutors convicted the men of soliciting a child for sex acts and “unlawful use of a two-way communications device.” Undercover detectives posed as children and advertised on Craigslist, asking to arrange meetings for sex acts. The fifteen men involved, one of whom was sentenced as a “youthful offender,” now face sentences ranging from “community control” to ten years in prison. Many people charged with sex crimes stand falsely accused; these people may still have time to fight their charges. While our Miami cybercrime lawyers in no way condone the illegal use of…
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Assault in the Third Degree
Assault means something very specific when it comes to torts and personal injury law. In tort law, an assault refers to an attempt or threat of violence – not actual violence itself. This may surprise people. But it’s one of the first things most American lawyers learned in law school. A New York Criminal Lawyer said that, the best criminal defense of an Assault case depends on many factors. Regardless of where you are in New York, your criminal defense attorney should always pursue numerous legal angles. Is the Assault complaint/information against you legally sufficient? Has the complaint/information established a physical injury or substantial pain? Are there any witnesses or are there pictures or video of the incident? How has the evidence been preserved? Not an exhaustive list, the above questions are tremendously important ones that your criminal defense attorney needs to know when defending your Assault case. It is also very important to understand as the…
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Sixth Amendment Right to Be Informed of Charges
It certainly seems obvious and fair that when the government charges someone with a crime that the person be told what law he has violated and what he did to violate that law. That a government does not always conduct itself in a fair manner and that it needs to be reminded of the obvious […]
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Witherspoon on Policy Body Cameras
Pernell Witherspoon (Lindenwood University) has posted Police Body Cameras in Missouri: Good or Bad Policy? An Academic Viewpoint Seen Through the Lens of a Former Law Enforcement Official (Number 2 (Summer/Fall 2014) Missouri Policy Journal) on SSRN. Here is the...
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The Year in Review: Robichaud’s Canada’s Top Criminal Law Cases for 2014
A year in review: the top 10 cases in criminal law for 2014 in Canada. Apart from the early to mid-80’s when the Charter of Rights and Freedoms came into effect and was interpreted by the Courts, the past five years have hosted unequaled change and paradigmatic shifts in Canada’s criminal law, history and news; 2014 is no exception. Our year ends while peaking at […]
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Different Types of Felony Convictions
Crimes Have Varied Penalties – Where does Your Charge Fit? Convicted of a crime in Las Vegas means there will be one of three levels of punishments for each offense: a misdemeanor, a gross misdemeanor or a felony. A defendant would like nothing more than to have all their convictions be misdemeanors. A knowledgeable and experienced criminal defense lawyer can strategically construct a case for their client to achieve the best outcome. Call Potter Criminal Defense at 702-997-1774 for a free consultation. Here are the three convictions. • Misdemeanor – up to six months in jail or a fine up to $1,000 or both. • Gross Misdemeanor – punishable up to one year in jail or a fine up to $2,000 or both. • Felony – punishable for over one year incarceration and a fine. The penalties are different for each of the five categories according to Nevada Law. Category A – in Nevada, typically first-degree/second-degree murder, first-degree kidnapping,…
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Happy 2015
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10 Jahre Hartz IV – kein Grund zu feiern!
Das Thema Arbeitslosengeld II, das sog. Hartz IV ist zweifelsohne kein gewöhnliches für einen Blog zum Strafrecht. Dennoch „feiert“ es heute seinen 10. Geburtstag. Die bisherige Berichterstattung las sich allerdings viel zu einseitig – deshalb dieser Kommentar. Hartz IV ist keine Erfolgsgeschichte, wie uns Politiker dieser Tage weismachen wollen. Hartz IV ist die Geschichte sozialer Ausgrenzung, der Kälte des Sozialstaats in bisher nicht dagewesenem Ausmaß. Elemente des Strafrechts haben in das Sozialrecht Einzug gehalten – und so schließt sich der Kreis zu diesem Blog. Aus Opfern werden Täter gemacht. Leistungsbezieher werden mit irrem Verwaltungsaufwand drangsaliert und potentielle Missbraucher abgestempelt. Sozialstaat symbolisch in seine Schranken verwiesen Sicher steht Deutschland im europäischen Vergleich inzwischen gut da – aber zu welchem Preis? Haben die Reformen der Agenda 2010…
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Woman Arrested after Fleeing Police and Crashing with Infant in Vehicle
A Stillwater woman was arrested in Norman Tuesday after attempting to flee police after a traffic stop. As she sped away, she crashed the vehicle, which had an infant inside. Reports say the baby was uninjured but was taken to a local hospital as a precaution. The scene unfolded before noon on Tuesday when Norman police conducted an apparently routine traffic stop. The driver of the vehicle allegedly gave police false identification, but was soon identified as Bethany Shores, 24–a woman with an outstanding warrant from Logan County. Shores is wanted in Logan County on multiple drug charges, including two counts of unlawful delivery of a controlled dangerous drug and one count each of unlawful possession of a controlled drug within 10,000 feet of a school, maintaining a house where drugs are kept, and unlawful possession of drug paraphernalia. The bench warrant for her arrest was issued in early November 2013 after Shores failed to appear for a court date. When the Norman…
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Das war 2014: meistgeklickt – meistdiskutiert – meistgeteilt
Der vielleicht kürzeste Jahresrückblick aller Zeiten: Die am häufigsten gelesenen Beiträge Verkehrskontrolle: Atemalkoholtest dankend ablehnen Anklageschrift bleibt in Bremen 14 Jahre unbearbeitet Hoeneß-Urteil: Landgericht München dreht bei Die meistdiskutierten Beiträge Top 10 der besten Anwaltsserien Gerhard Strate: Der Fall Mollath (Rezension) Nur 12 Euro netto Die am häufigsten in sozialen Netzwerken geteilten Beiträge Verkehrskontrolle: Atemalkoholtest dankend ablehnen Das §-Zeichen auf dem Smartphone/Tablet Anklageschrift bleibt in Bremen 14 Jahre unbearbeitet Zu guter Letzt noch meine persönliche Fleiß-Statistik, wann ich wie viele Artikel veröffentlicht habe – vielleicht aber auch nur irgendein geheimer Code: Wir wünschen Ihnen ein frohes neues Jahr 2015 und hoffen, Sie bleiben der Strafakte gewogen. — Hinweis: Wir haben unsere Feed-Adresse aktualisiert:…
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"Illinois Governor signs new eavesdropping law"
From Jurist: The Illinois eavesdropping law is a controversial measure within Illinois' government and the national judicial system. In early December, the Illinois general assembly[official website] passed [ACLU report] the most recent eavesdropping legislation. In 2012 the US Court of...
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Happy New Year from Dayton DUI
Here’s a New Year’s Wish from Charles Rowland and all of us at Dayton DUI. And ye, who have met with Adversity’s blast, And been bow’d to the earth by its fury; To whom the Twelve Months, that have recently pass’d Were as harsh as a prejudiced jury – Still, fill to the Future! and join in our chime, The regrets of remembrance to cozen, And having obtained a New Trial of Time, Shout in hopes of a kindlier dozen. [Read the full post. . .]
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2014 Jdog Memorial Best Criminal Law Blog Post
This 6th annual Jdog Prize saw a turn in the practical blawgosphere, and not a particularly good turn. In fact, I pondered whether the contest was still worthwhile, as the year saw few new criminal defense lawyers starting a blawg, while established blawgs saw fewer posts, some on my sidebar essentially dormant if not dead. Before deciding to hold the Best Criminal Law Blog Post contest again, I asked my old buddy Bennett whether it was worth it, and he responded strongly that it was, that there were some great posts last year and they were worthy of recognition. He was, of course, right, but that didn’t entirely answer my question. It would appear that hard-core blogging is playing out. Whether it’s because lawyers have decided that it’s just not worth their time, or that they’ve written all they feel compelled to write, or that they’re just not getting the level of feedback, or interaction, they used to get or want to get, is…
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Happy New Year
Thanks for your readership. Wishing everyone a happy, healthy, and peaceful new year! (esp)
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Cops’ Response: Shooting Blanks
It’s not certain that these voices reflect the best that rank and file police in New York City have to offer, but there is a smell about them that leads me to think that it’s not happenstance that they showed up here and decided to offer rather long comments in defense of their position. Maybe these are the talking points the union wants out there, the best defense the cops have to offer for their actions. Maybe these are just the personal efforts of their writers, but I doubt it. First came a comment by Kevin: Funny how the only thing you mention in this article is the fact that cops are a disgrace and should let anyone walk all over them because the public pays their taxes. Police officers are the public as well, they pay taxes (more than most) to be treated with such disrespect. That is the sole problem, disrespect! No children these days are brought up with respect or morals. The people these days only care about themselves and no one else. Police…
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NY cops' harassment and manhandling of dancing prankster underlines why we need to shrink the criminal justice system.
By Fairfax Count/Northern Virginia criminal defense lawyer Jon Katz. Defending DWI/ DUI/ Drunk Driving, drugs, marijuana/medical marijuana/cultivation, sex cases, felonies and misdemeanors. Fighting relentlessly for the best possible results for his clients. The United States has become too much of a police state. Do not expect anything but police state fallout while the government spends billions of dollars on law enforcement, hires and maintains countless police and national security personnel, and passes laws galore aimed against illegal drugs, against drunk driving, and for protecting homeland security. This sorry state of affairs will continue until we massively shrink the criminal justice system, including legalizing marijuana, prostitution and gambling; heavily decriminalizing all other drugs; eliminating mandatory minimum prison sentencing; eliminating per se drunk driving blood alcohol laws; and eliminating the death penalty. Let our nation truly…
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Another Promise to Victims Broken
Opponents of the death penalty know very well that they are on their least defensible ground when the focus is on a real capital case. When the people know what one of the very worst murderers has done and they see and hear the families of victims calling for justice, the case for execution as the only adequate consequence is so clear to most people that the opponents have little to stand on.When capital punishment repeal bills are being pushed through legislatures, the last thing the repealers want is for the vote to be characterized as one to overturn the well-deserved sentences of the vicious killers presently on death row. It is just as wrong, of course, to preclude justice for the as-yet-unknown atrocities to be committed in the future, but in terms of politics and public perception, it is far more difficult for them to block it in a known case with human faces.So the repealers routinely include nonretroactivity provisions in the repeal bills, promising that…
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Convicted, Executed, And Then Exonerated? It’s Too Little Too Late…
On December 17, 2014, George Stinney, convicted of first-degree murder, was granted a clear name with the reopening of his case. Upon investigating the circumstances of Stinney’s conviction, Judge Carmen T. Mullen found that his attorney and the prosecution did little to protect his constitutional rights during the short course of the trial. However, the ruling was 70 years too late, as Stinney was executed in 1944. Unfortunately, wrongful convictions have become common, due to flaws and mistakes within the judicial system. In fact, an investigation by the National Registry of Exonerations has recently proven there are far more false convictions than exonerations in the United States. Fortunately, as in the case of George Stinney, convictions can be vacated. With the reopening of a case, a judge may choose to exonerate the convicted, clearing them of their blame. When a conviction is vacated, the verdict is set aside, and it will appear as if the judgment never occurred.…
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