Adam Dupree Fine , Benjamin van Rooij , Yuval Feldman , Shaul Shalvi , Eline Scheper ,Margarita Leib and Elizabeth Cauffman (University of California, Irvine - Department of Psychology and Social Behavior , University of California, Irvine School of LawUniversity...
Fine et al. on Rule Conditionality, Deterrence and Compliance
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***Update*** Mud/Rock slide SH97 milepost 92, Beauty Bay
The Idaho State Police is on scene of a mud/rock slide on SH97 near milepost 92, Beauty Bay. The roadway is complete blocked at this time. The road will be closed for an undetermined period of time, due to the significance of the slide. **Information from the Idaho Transportation Department is the road will be closed between 4-6 hours. This time frame is dependent on the stability of the mountain side after the clean up is completed. *** *** Update **** The Idaho Transportation Department has opened one lane of SH97 and is alternating traffic through. The current estimated time for clearing both lanes is about three hours.
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Is California prepared to revoke parole for any sex offender with an iffy lie-detector test?
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2015 Denver MLK Marade
The Colorado Criminal Justice Reform Coalition will participate in the Martin Luther King, Jr. Marade on January 19, 2015. We would like to invite you to participate with us by walking in with CCJRC in the Marade! “Injustice anywhere is a threat to justice everywhere”
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The Overcriminalization of America
Politico How to reduce poverty and improve race relations by rethinking our justice system. By CHARLES G. KOCH and MARK V. HOLDEN January 07, 2015 As Americans, we like to believe the rule of law in our country is respected and fairly applied, and that only those who commit crimes of fraud or violence are punished and imprisoned. But the
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Restore Your Rights After a Felony
The age old myth is that convicted felons cannot vote, or possess guns. Just because you have a felony on your record does not mean that you lose all your rights as a citizen. Life after a felony conviction can be frustrating and difficult. However, the saying “If you do the crime, you have to do the time” does not extend indefinitely. Sure, when you are convicted of a felony some of your civil liberties get suspended: the right to vote, the right to hold public office of trust or profit, the right to serve as a juror, and the right to possess a firearm. A suspension is never permanent. A.R.S. 13-912 of the Arizona criminal code sets out the process of restoration of your civil liberties for those with only one (1) felony conviction. Your rights are automatically restored upon completion of probation or upon receipt of your absolute discharge from imprisonment as long as you have paid all your fines and/or restitution. However, this does not apply to…
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"How White Liberals Used Civil Rights to Create More Prisons"
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Hostages in Montpellier (Not Related): Open Thread
Since the hostage situation at Monpellier turned out to be unrelated to the others in the news, let's make this an open thread for all topics. ***** There is a hostage situation at a jewelry store in Montpellier, FR. Two hostages are... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Drug Trafficking | State v. Sanchez
Drug Trafficking Charge Not All Charges Are Equal There are often completely different outcomes in similar criminal cases depending on the statute an individual is charged with. Prosecution must be accurate and precise in their charging decisions. Charging someone with the wrong crime can result in charges being dropped; cases are lost all the time due to technicalities. In State v. Sanchez, Florida’s Fourth District Court of Appeal acknowledges the importance of being charging an individual under the correct statute, but then goes ahead and reverses the trial court’s decision based on an interpretation of the law. Betsy Sanchez, a nurse practitioner, was charged with nine conspiracy and drug trafficking offenses. The prosecution claimed she had been selling prescription drugs, including various painkillers such as Oxycontin. They went further to say that these prescriptions were “written in bad faith and not in the course of professional practice.”…
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False confessions often lead to wrongful conviction
In our post last week, we mentioned that the American public often has misperceptions about the criminal justice system due to what they see on television crime dramas. On TV, for instance, investigators use foolproof forensics tools and honed interrogation techniques to ensure that the guilty – and only the guilty – are convicted and put behind bars. Unfortunately, real life isn’t nearly this tidy. Mistakes get made, forensics tools are not as accurate as people think and interrogations often go in surprising directions. In fact, a significant number of suspects are wrongfully convicted based on false confessions. Why would anyone confess to a crime they didn’t commit? The answers to that question are complex but very important. The criminal defense advocacy group the Innocence Project has been working tirelessly to exonerate individuals who have been wrongfully convicted and wrongfully incarcerated. Of the hundreds of inmates who have been…
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While DUI is the Leading Cause of License Suspension, Traffic Tickets Can Leave You with No Driving Privilege as Well
In the state of Michigan, the most common reasons for an individual’s driver’s license being suspended are DUI or a conviction for leaving the scene of an accident. However, your license can be suspended once you accumulate so many points on your driving record because of other traffic offenses such as speeding, reckless driving, failure to yield, improper passing, and other offenses. So, how many points must accumulate before your license will be suspended? The easy answer is 12, but let’s explain the process a bit more clearly. Once a motorist in Michigan has accumulated four points on his or her record within a 2-year time period, he/she will received a letter from the Secretary of State alerting you to the fact the number of points you have is higher than usual. Accumulate eight points, and you will receive another letter informing you that you are getting closer to having your driver’s license suspended, and warning against the continued violation…
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While Detroit Remains One of the Most Dangerous Large Cities in the Country, Crime was Down for 2014
Earlier this week, Detroit Police Chief James Craig announced that in 2014, fewer crimes were reported than in years’ past. In fact, there were more than 9,000 fewer crimes reported last year when compared with 2013. While certain areas types of crimes such as homicide were down, a few areas were higher than in 2013. According to the official annual crime statistics, larcenies were up 20% in 2014, and aggravated assaults up 5%. Surprisingly, homicides dropped to the lowest number since 1967, with only 300 reported in 2014. Overall, property crimes and violent crimes were down last year by 16%. Despite maintaining the highest murder rate in the nation according to FBI crime stats from 2013, there were substantial decreases in other crimes including carjacking, robbery (a decrease of more than 33% from 2013), burglary, and auto theft. Detroit’s population has decreased by more than half of its 1.5 million resident population in 1967, and it’s understandable…
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The Reality of Driving Under The Influence
According to MADD (Mother’s Against Drunk Driving), in 2014, drivers operating vehicles under the influence of drugs or alcohol killed around 10,500 people; 345,000 were injured. The statistics for the number of accidents occurring in San Diego County due to drunken driving are staggering and most of these accidents occur on or around holidays. The most common holidays where accidents are most likely to occur due to irresponsible post-party practices are the Fourth of July, New Year’s and St. Patrick’s Day. Focusing on New Year’s, the San Diego County authorities did what they could to ensure the safety of the roads to prevent New Year’s DUI cases for 2015, but to no avail. Statewide in the State of California, DUI arrests were down from 2014; but this wasn’t the case for San Diego County specifically. Blocking out just a 12-hour window from New Year’s Eve to New Year’s Day…
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‘He was silent but you could tell that he was in real pain’
Raif Badawi, founder of a website for political and social debate, has been held in a Saudi Arabian prison since 17 June 2012. ©Private An eyewitness account of the flogging today of Raif Badawi an activist in Saudi Arabia sentenced to 10 years in prison and 1,000 lashes for setting up a website for public debate. The witness has not been identified for security reasons. “When the worshippers saw the police van outside the mosque, they knew someone would be flogged today. They gathered in a circle. Passers-by joined them and the crowd grew. No one knew why the man brought forward was about to be punished. Is he a killer, they asked? A criminal? Does he not pray? Raif Badawi had been brought to the square in front of al-Jafali mosque in Jeddah just after midday. There was a huge security presence – not just accompanying Raif but also in the streets and around the mosque. Some roads had also been closed. Raif was escorted from a bus and placed in the middle of…
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Charged with drug crimes in Oakland County? A plan for you
Oakland County Drug Crimes Lawyer Throughout Oakland County, there is a concerted effort in keeping illegal drugs off of the streets. Various agencies, including police departments and the courts have a desire to arrest, prosecute, and punish drug dealers and users. Whether it be: Marijuana Methamphetamines (meth) Heroin Cocaine Vicodin / Oxycodone / Benzodiazepines (Xanax) — possession, use, sales, and distribution charges for drugs carry serious consequences if convicted as law enforcement agents including the police and prosecutors believe that illegal drug usage is both harmful and poses a very serious threat to our communities in Oakland County. Sentencing penalties are often determined by the type of drug and how much was involved. You will need an excellent lawyer / attorney to help you through the legal system. Barton Morris is one of Oakland County’s top criminal defense attorneys with a wealth of experience in handling drug prosecutions. Mr. Morris has…
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Making Constitutional Challenges to the Meaning of a Criminal Charge in Denver Colorado
When you have been charged with a crime, you may wonder what the words in the charge mean. For instance, if you have been charged with assault you may find yourself wondering what it means to “intend” to commit a crime and how this is proven. There is a strong governmental interest in making sure that you understand these words and you have a constitutional right to have these words clearly defined. If you have questions about certain words in the crime that you have been charged with, you should consider consulting a criminal defense attorney who can help clarify the meaning of the charges. In my experiences as a criminal defense attorney in Denver Colorado, I commonly see these issues arising in cases, especially those involving domestic violence and assault. In People v Dore (1999), for instance, it was stated that “—the terms “seize,” “confine,” “imprison,” and “detain” could be readily understood…
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SALEM SUPERIOR COURT SUPPRESSION HEARING BEGINS IN RAPE AND MURDER CASE
You may remember Philip Chism (hereinafter, the “defendant”). He is the 15-year-old juvenile who has been charged as an adult with the rape and murder of 24-year-old Danvers High School teacher Colleen Ritzer in 2013. Today, the Defendant’s case is on the calendar again at Salem Superior Court. The issue of the day is suppression. The court is holding a hearing on the motion as I write today’s blog. The defense is seeking to suppress alleged inculpatory statements made by the Defendant to law enforcement. The Defendant’s attorney argues that the police coerced him into waiving his Miranda Rights and making detailed statements about the murder. The grounds apparently include that police never properly read the Defendant the Rights and also continued to question him even after he had invoked his right to remain silent and his mother had asked for a lawyer. Additionally, the Defendant’s motion contends police pressured the…
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US Sentencing Commission proposes (modest but significant) changes to the fraud guidelines
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Is it legal for doctors to pay referral fees for patients?
Answer: No, it is not. Referral fees are illegal and are prosecuted by the federal government as kickbacks, especially if government medical insurance (Medicare and Medicaid) is used. Consider the case of U.S. v. Babaria, decided on December 31, 2014 by the Third Circuit Court of Appeals. Dr. Babaria, a radiologist, owned a business that provided diagnostic testing, including MRI’s, CT scans and ultrasounds. From 2008 through 2011, he paid other physicians to refer their patients to his facility for diagnostic testing. He then billed Medicare and Medicaid for the testing procedures he performed. There was no evidence that he falsified patient records, billed for testing that was not medically necessary or otherwise compromised patient care. In other words, Dr. Babaria did everything right…except he paid the doctors who referred their patients to him referral fees. As a Jacksonville criminal defense lawyer, I…
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Breger on Violence Against Women
Melissa L. Breger (Albany Law School) has posted Transforming Cultural Norms of Sexual Violence Against Women (Journal of Research in Gender Studies, Volume 4(2), 2014, pp. 39–51) on SSRN. Here is the abstract: A version of these remarks was delivered...
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