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Bill proposes changes to sex offender reporting requirements

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1-16-2015 Arkansas: GREENE COUNTY,AR (KAIT) - A new bill could change the way sex offenders register and report in the state of Arkansas. The bill, introduced by Senator Jon Woods and Representative Charlene Fite, would require local law enforcement agencies to take on more of the responsibilities, instead of the Arkansas Crime Information Center. Those requirements include reporting changes

Schuman on Sentencing Rules and Standards

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Jacob Schuman has posted Sentencing Rules and Standards: How We Decide Criminal Punishment on SSRN. Here is the abstract: Over the course of the past 300 years, American sentencing policy has alternated between “determinate” and “indeterminate” systems of deciding punishment....

Marcus Prinz von Anhalt: 4 Jahre Haft für „Prinz Protz“

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Der selbst ernannte „Prinz Protz“ Marcus von Anhalt, der bürgerlich schlicht Marcus Eberhardt heißt, wird die nächste Zeit kürzer treten müssen. Am Freitagabend verurteilte ihn die 10. Strafkammer am Landgericht Augsburg zu einer Freiheitsstrafe von vier Jahren. Da eine Strafe dieser Höhe nicht mehr zur Bewährung ausgesetzt werden kann, wird er demnächst wahrscheinlich statt im Schloss eher hinter Schloss und Riegel residieren. Luxuskarossen als Firmenausgaben abgesetzt Bereits Mitte April 2014 wurde der ehemalige Metzger und heutige Bordellbetreiber wegen des Verdachts der Steuerhinterziehung verhaftet. Er soll Kosten für mehrere Luxusautos als Firmenausgaben abgesetzt haben, obwohl er sie ausschließlich privat genutzt habe. Darüber hinaus soll er auch mit Firmen in der Schweiz Einnahmen am deutschen Fiskus vorbeigeleitet haben. Das Landgericht Augsburg sah es als erwiesen an, dass der prominente…

Strafgesetzbuch (mit Nebengesetzen)

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Der Kommentar zum Strafgesetzbuch von Thomas Fischer wird jedem Juristen ein Begriff sein – bereits in den ersten Semestern lernen die Studierenden dieses Werk kennen … und schätzen. Der 1932 von Otto Schwarz begründete und von Eduard Dreher sowie Herbert Tröndle fortgeführte Band der Reihe „Beck’sche Kurz-Kommentare“ gehört zu den Standardwerken in Ausbildung und Praxis. Die alljährliche Neuauflage (jeweils zum Jahresende) sorgt für eine Aktualität und Zuverlässigkeit, die in Kombination mit seiner Handlichkeit begründend für den stetig anhaltenden Erfolgs des Werkes sein dürfte. Wegen seiner Farbe und des Alters wird er auch als “graue Eminenz“ betitelt. Der „Fischer“ ist bei Strafrechtlern stets in Griffweite Thomas Fischer, der den Kommentar seit der 50. Auflage im Jahr 2002 fortführt, ist Vorsitzender Richter des 2. Strafsenats am Bundesgerichtshof…

Eric Brittain: A Lawyer Too Zealous

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After making the decision to take on the Milwaukee Police Department in the Ronald Carter case, where the police were caught dirty by destroying evidence — a car, no less — in a cop shooting, one would think they would throw a parade for Eric Brittain. Hell, they did for the district attorney, so why not a good guy? Instead, Milwaukee turned on him. The cops. The judges. The system.  No criminal defense lawyer was going to embarrass the polka capital of Wisonsin and get away with it, and so they did everything possible to make Brittain’s life miserable.  Including Brittain being held in contempt four times. Four?  Well, that’s something, right?  Under the Nancy Grace school of culpability, where there’s smoke, there’s fire, which certainly means that Brittain must deserve it or it wouldn’t have happened.  After all, it couldn’t be just because his calling out the Milwaukee cops and system…

If You Liked 1 In 5, You’ll Love 1 In 3

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Remember when every story about campus rape began with that glorious claim, that one in five women will be sexually assaulted in college?  Good times. And then they went and blew it all to hell, because, well, it was just total nonsense.  It turns out that the real number is .61%, not 20%. Just as the narrative being used to turn all sexual interactions into rape and sexual assault, at the woman’s pleasure, was unraveling, a new statistic hit the media that brought joy to neo-feminists everywhere: Certain feminists were almost gleeful Monday when they discovered a “study” that seemed to confirm their worldview that a large chunk of the male population just want to rape. The study, announced in Newsweek, showed that 1 in 3 college boys in North Dakota would rape a woman if they could get away with it. This lead to pearl-clutching headlines such as Jezebel’s “1 in 3 college men admit they would rape if we don’t call it…

Adoption Will Be Just A Little Bit Harder

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No, not getting your hands on one of those adorable babies in need of love, but cars, cash and other crap that local cops grab and send off to the Feds for adoptive civil forfeiture.  Out of the blue, Attorney General Eric Holder announced that the Department of Justice is no longer in the business of doing all the dirty work for local police departments. Via WaPo: Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without warrants or criminal charges. Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs. Yes, this was huge.  Mostly because in rem property forfeiture is one of the most offensive and troubling powers the government gives itself, and having raised billions by merely enabling seizures from people not charged with any crime and then shifting the…

One arrested after meth lab bust on Jacksonville's Westside

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Detectives arrested one person on felony drug charges after police raided a meth lab in a Jacksonville apartment complex. Police received a tip about meth production at the apartment and served a warrant one morning last week, according to a report in the Florida Times-Union. Meth was not being made at the time police went to the apartment, but they did find materials used to make meth - including the ingredients and equipment, the newspaper reported. The exact charges were not specified in the newspaper report, but there are no misdemeanor crimes when it comes to meth. Every Jacksonville Drug Crimes Charge related to meth is a felony. Felony degrees and sentences in Jacksonville Drug Crimes Cases are based on two factors: the type of drug and how much a person is accused of having in their possession. Charges related to methamphetamines are among the most serious of all Jacksonville Drug Crimes. For example, even possessing the materials used to manufacture meth is a…

Should significant use of marijuana in the home make a parent guilty of child abuse?

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The question in the title of this post is prompted by this notable new ABC News- 20/20 piece headlined "Washington Parents Using Marijuana Accused of Child Abuse." Here are the basics: While most parents probably want to keep their kids away from marijuana, one mom and dad were accused of...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/pVjmCwXmPCk" height="1" width="1" alt=""/>

RAND produces big new policy report: "Considering Marijuana Legalization: Insights for Vermont and Other Jurisdictions"

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As reported in this local AP piece, headlined "RAND study: Marijuana legalization could be big bucks from sales, tourism," the RAND Drug Policy Research Center has just released a big new report on marijuana reform with a focus on Vermont. The AP piece provides an effective summary of the basics...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/mIrpSKOvuz8" height="1" width="1" alt=""/>

SCOTUS takes up a few small criminal justice case along with big marriage questions

Can The Police Take Your Money?

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This is the million dollar question right?  Or maybe the thousand dollar question. Can the police take your money? Under the Fourth Amendment and Article 1 Section 8 of the Iowa Constitution the police need a warrant to seize your property, including your money. If there is probable cause to believe your money is connected to illegal activity and the police obtain a warrant, they can take your money.  This includes not only your cash, but also your bank accounts. The police can also take your money without a warrant if “exigent circumstances” are present. Exigent circumstances generally refer to emergency situations or situations where law enforcement must take immediate action to prevent the loss or destruction of evidence. Exigent circumstances are a specially carved out exception to the 4th Amendment’s warrant requirement. Exigent circumstances are inherent in every vehicle stop. Thus, if the police have probable cause to be believe money found in…

Double Jeopardy | Tuttle v. State

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Double Jeopardy Tuttle v. State Depending on which crime an individual is charged with determines the severity of penalties someone may face if ultimately convicted. As we have discussed in other posts, the prosecutor’s decision on which charge to file matters. In Tuttle v. State, Florida’s Second District Court of Appeals reviews a case in which the double jeopardy rule applies, and the definition of “lesser offense” is disputed. Timothy Tuttle, Jr., was charged with second-degree murder, as well as armed burglary and attempted home invasion; this is a result of a fatal incident involving Tuttle and an accomplice. Masked and armed with guns, Tuttle and his colleague broke into a home in Florida and demanded money and drugs. After looting the house, Eric Stuebinger was shot and the men fled; Stuebinger later died from the gunshot wound. The victim’s girlfriend was able to positively identify Tuttle in trial, and the jury reached a verdict of…

Tied to a Wooden Cross, Part Two: Boycott Bali

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Indonesia does not deserve your tourist dollars. Many Indonesians support their barbaric laws against drug traffickers. This is how many on Bali reacted to Schapelle Corby's arrest for 4.4 kilos of marijuana. This weekend, six drug traffickers,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

DASH CAM vs OFFICER TESTIMONY IN OHIO OVI CASES

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If an officer’s testimony about a traffic stop is not corroborated by the officer’s cruiser video, how do judges rule on the justification for a traffic stop? Once a judge makes a ruling, under what circumstances might that ruling be overturned by an appellate court?  A recent case decided by the Tenth District Court of Appeals in Columbus, Ohio illustrates the discretion judges are given regarding evidentiary issues in OVI motion hearings. The case of State v. Comer was decided in December of 2014. In Comer, the defendant was charged with OVI and filed a motion to suppress evidence. The motion claimed all evidence obtained after the stop of the defendant’s vehicle should be suppressed because the traffic stop was unconstitutional. At the motion hearing, the officer testified she observed the defendant’s vehicle “weaving and crossing the lines” and “almost hit the concrete divider”. The video from the officer’s cruiser…

"If crime is falling, why aren’t prisons shrinking?"

Friday's criminal law/procedure cert grants

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Issue summaries are from ScotusBlog, which also links to papers: McFadden v. United States: Whether, to convict a defendant of distribution of a controlled substance analogue – a substance with a chemical structure that is “substantially similar" to a schedule...

Next week's criminal law/procedure argument

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Issue summary is from ScotusBlog, which also links to papers: Wednesday Rodriguez v. U.S.: Whether an officer may extend an already completed traffic stop for a canine sniff without reasonable suspicion or other lawful justification.

Domestic Violence: Signs of Abuse

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There are certain behaviors that can help a person foresee a possible domestic violence incident. Here are some of them: Signs and Chances of Abuse·         Constant ThreatsThreats can come in many forms. It can be done online using various social media sites. It can be verbal like saying “I will slap you if you won’t do this or that”, etc. It can also be indirect like deliberately breaking things in the house or calling your boss, friends, family, etc.·         Restricting access to resourcesThe abuser may restrict you to access your resources in order to control the relationship. This can be done by: forcefully taking the car keys, credit cards, bank books, smartphones, limiting the use of computers, changing the wifi password or deliberately unplugging the wifi modem, controlling the groceries, and more.·        …

Indonesia Executes Six Drug Traffickers, More Planned

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R.I.P. Marco Archer Cardoso Moreira (Brazil), Ang Kiem Soei (The Netherlands), Daniel Enemuo (Nigeria), Namaona Denis (Malawi), Tran Thi Bich Hanh (Vietnam) and Rani Andriani (Indonesia.) Despite pleas from governmental leaders and world-wide... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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