Andrew Ingram (Department of Philosophy UT Austin) has posted Breaking Laws to Fix Broken Windows: A Revisionist Take on Order Maintenance Policing (Berkeley Criminal Law Journal, Vol. 19, No. 2, 2014). Here is the abstract: Today, there is a family...
Ingram on Order Maintenance Policing
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When Your Lawyer Dimes You In A Wireless World: Undercover Techniques and White-Collar Investigations
AM, FM or SiriusXM? It has become commonplace to note the ascendancy in white-collar investigations of techniques previously reserved for investigations of organized crime and violent, life-and-death offenses. Three recent articles bring the issue around again. The New York Times notes that More Federal Agencies Are Using Undercover Operations: The federal government has significantly expanded undercover operations in recent years, with officers from at least 40 agencies posing as business people, welfare recipients, political protesters and even doctors or ministers to ferret out wrongdoing, records and interviews show. . . . Undercover work, inherently invasive and sometimes dangerous, was once largely the domain of the F.B.I. and a few other law enforcement agencies at the federal level. But outside public view, changes in policies and tactics over the last decade have resulted in undercover teams run by agencies in virtually every corner of the federal…
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Can the State Use a Defendant's Pre-Arrest Silence Against Him/Her at Trial in Florida?
Most people are aware that the United States Constitution affords people the right to remain silent. This means that a person does not have to give any statement to police that might be incriminating, and a defendant cannot be compelled to testify at his/her own trial. If a person chooses not to speak with police and/or chooses not to testify at trial, the state cannot use that choice against the person. For instance, a prosecutor could never tell the jury to infer that the defendant is guilty because he/she did not testify and defend him/herself at trial. When a person is arrested in Florida, he/she should be read Miranda warnings. The Miranda warnings inform a person of certain rights, including the right to remain silent and the warning that if the suspect does make a statement, it can be used against him/her in court. That is fairly well known at this point. If a person is arrested and decides not to make a statement, he/she is exercising his/her constitutional…
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Marijuana's Pauline Sabin?: "85-year-old Houston woman fighting to legalize marijuana"
I just got finished watching the last segment of the wonderful PBS Prohibition documentary, which stresses the role of Pauline Sabin, the first woman to sit on the Republican National Committee and the founder of the Women’s Organization for National Prohibition Reform, who helped drive the movement to repeal the...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/Jm79qLPI4kc" height="1" width="1" alt=""/>
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More from ACSBlog's "symposium on racial inequalities in the criminal justice system"
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Former First Lady of Virginia Sentenced: Did Husband’s “Throw Momma Off the Train” Approach Work?
Photo: Associated Press Readers of the White Collar Alert know that we have been closely following the downward spiral of former Virginia Governor Bob McDonnell and his wife Maureen McDonnell after their ill-fated relationship with Virginia businessman, Jonnie R. Williams Sr. Maureen McDonnell was convicted of eight counts of corruption and one count of obstruction of justice, but then acquitted on the obstruction charge after Judge Spencer found that there was insufficient evidence. Her husband was sentenced on January 6, 2015 to two years in prison, which we noted was a significant victory for the defense, considering the fact that it was a large reduction from the 10 to 12 year sentence recommended by the U.S. Probation Office and the 6 to 8 year sentence that the Court calculated using the Sentencing Guidelines. Mr. McDonnell was convicted of 11 counts of corruption as well as one count of making a false statement. In Mrs. McDonnell’s case, the prosecutors sought a…
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Defense Firm Gets Client “Slap on the Wrist” After Alleged Forgery and Grand Larceny
Under the law, white collar crime can describe a wide variety of crimes, but they all typically involve crime committed through deceit and motivated by financial gain. The most common white collar crimes are various types of fraud, embezzlement, tax evasion and money laundering. Many types of scams and frauds fall into the bucket of white collar crime, including Ponzi schemes and securities fraud such as insider trading. More common crimes, like insurance fraud and tax evasion, also constitute white collar crimes. Fraud and financial crimes are a form of theft/larceny that occur when a person or entity takes money or property, or uses them in an illicit manner, with the intent to gain a benefit from it. These crimes typically involve some form of deceit, subterfuge or the abuse of a position of trust, which distinguishes them from common theft or robbery. In today's complex economy, fraud and financial crimes can take many forms. The resources below will introduce you to…
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Solum on Vice Laws
Lawrence B. Solum (Georgetown University Law Center) has posted Virtue as the End of Law: An Aretaic Theory of Legislation (Jurisprudence, Forthcoming) on SSRN. Here is the abstract: This paper sketches an aretaic theory of legislation. Such a theory posits...
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Crash blocking US20 at 341
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 02/20/2015 4:42 p.m. Please direct questions to the District Office The Idaho State Police is currently investigating a crash that is blocking both eastbound lanes on US20 at milepost 341, just east of Sugar City. Motorists are encouraged to avoid the area and to utilize an alternate route of travel. More information will be released as it becomes available. KM / JW ------------
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Court Takes Evidence of Parental Alienation Seriously
A Court in Belgium has ordered a 13-year old girl to check into a psychiatric facility so that experts can figure out why the young girl refuses to look at or speak to her father, after her parent’s high-conflict divorce. Father’s lawyer said that both parents lashed out at each other during their tense separation and divorce, and ultimately, their daughter lived primarily with her mother and maternal grandparents. But nobody can point to an incident that would cause a child, who otherwise had a loving relationship with her father, to turn against him. Even the mother’s lawyer agreed that he was a normal father, with no evidence of personality issues or sexual abuse. Respected psychotherapist Lut Celie opined: “The father and mother parted on bad terms during the divorce battle with each parent trying to blacken the other. This went so far as to affect the child whose character was not fully developed.” The Court was told that during a four-year…
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Can Personal Breathalyzers Prevent DWI?
It isn’t always easy to determine when you’ve had too much to drink. After all, people who have a BAC of over .08 percent may not exhibit the mental or physical signs of drunken behavior. In 2014, many people purchased a personal breathalyzer – a small and handheld device that displays the user’s breath alcohol concentration on either the item itself or after being connected to a smartphone app. Apart from measuring a person’s BAC, some breath test apps also offer additional options such as contacting a friend for a … [Read more...] The post Can Personal Breathalyzers Prevent DWI? appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
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Near Irvine, CA? Stop by the Critical Perspectives on the Drug War symposium at UCI tomorrow
If you're in southern California and looking for a way to kill some time on Saturday (and earn CLE), consider dropping by the Critical Perspectives on the Drug War symposium at University of California Irvine School of Law. The event goes from 9:00 am to 5:30 pm and features panels...<img src="//feeds.feedburner.com/~r/MarijuanaLaw/~4/xrYFnvnIqnA" height="1" width="1" alt=""/>
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Chicago Woman Charged with Domestic Violence Murder
A Chicago woman was charged with the October domestic violence related murder of her boyfriend. The woman, who stabbed her boyfriend in the chest shortly following what police called a domestic violence altercation, was charged with first-degree murder. Defense of Domestic Violence Murder Charge Any murder charge is a serious offense that requires an aggressive defense to avoid the possibility of a lifetime spent in prison. But murders that result from a domestic violence altercation usually come with a unique set of circumstances that mean there are a variety of defense strategies available. Self Defense The first line of defense in any violent crime stemming from a domestic violence altercation is self-defense. The defense would explore all of the circumstances leading up to the stabbing to see if the evidence supported the idea that the defendant felt her life was in danger when she stabbed the victim. Evidence that may support this defense would include: Cuts, scrapes,…
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Giuliani's World: A Noun, A Verb and A Crazy GOP Talking Point
Rudy Giuliani is a mean-spirited hack who long ago gave up any right to appear in polite society, much less be the driver of a news cycle. But there he was, speaking at a fundraiser for a fellow traveler, Wisconsin Governor Scott Walker, accusing the President of the United States of not loving America:I do not believe, and I know this is a horrible thing to say, but I do not believe that the President loves America. He doesn’t love you. And he doesn’t love me. He wasn’t brought up the way you were brought up and I was brought up through love of this country.Our man Rudy later defended himself against charges of racism by doubling down: "Some people thought it was racist — I thought that was a joke, since he was brought up by a white mother, a white grandfather, went to white schools, and most of this he learned from white people.” Thanks, Rudy, for clearing that up. As Laura Clawson at Daily…
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Update: Crash blocking US20 at 341
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 02/20/2015 7:31 p.m. Please direct questions to the District Office *****Update***** Both eastbound lanes are now open. This crash is under investigation by the Idaho State Police. KM / SA *****End of Update***** The Idaho State Police is currently investigating a crash that is blocking both eastbound lanes on US20 at milepost 341, just east of Sugar City. Motorists are encouraged to avoid the area and to utilize an alternate route of travel. More information will be released as it becomes available. KM / JW ------------
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Understanding Tax Evasion
Perhaps one of the most infamous criminals the United States has ever known, Al Capone had many ties to the criminal underworld and had been in and out of jail for many petty offenses before he was finally convicted of tax evasion on October 18, 1931. Capone spent the next 11 years in federal prison, was fined $50,000, and had to pay $215,000 in back taxes. Even today tax evasion remains a common criminal offense with notable celebrities such as Martha Stewart and Joe and Teresa Guidice getting sentenced to jail time. But what’s the truth behind tax evasion? Is it just that these people didn’t know how to fill out those pesky IRS forms or were they really trying to get away without paying the government? Types Of Tax Evasion Crimes There are two kinds of tax evasion, the willful attempt to evade or defeat the assessment of a tax and the willful attempt to evade or defeat the payment of tax. When a person attempts to evade the assessment of taxes they…
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The Right To Disagree (No Matter How Mind-Numbingly Stupid)
In the Age of Disinvitation, it’s to Ohio State’s credit that K.C. Johnson was not only invited to speak, but allowed to speak. Prevailing collegiate wisdom is that no sounds should be uttered that could hurt any students’ feelings, and K.C., if nothing else, was going to say things that would make students sad. Johnson, who co-wrote the book about the false rape allegation against the Duke lacrosse team, has been trying to bring sanity back to the debate over how college campuses handle sexual assault accusations by explaining repeatedly that accused students should not be convicted based on an allegation, without the ability to defend themselves. And that’s where the activists disagree. After all, hearing words that don’t confirm their deeply held feelings has become unacceptable in the world of intellectual growth and freedom. It’s both the nouvelle view of free speech, redefined to mean only speech with which students…
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Indonesia Says Executions to Proceed Without Delay
Indonesia President Joko Wikodo says there will be no delay in the executions of Bali Nine members Myuran Sukumaran and Andrew Chan. Hopes were raised earlier this week when their transfer to the Nusakambangan island prison was delayed. ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Debbie Riddle wants Potty Police to combat gender bending in Texas restrooms
From the "You Can't Make This Stuff Up" Department, I think this may be my favorite* new crime proposed yet in 2015: Texas state Rep. Debbie Riddle has filed legislation making it a Class A misdemeanor for a transgendered person to use the restroom of their adopted gender, even after reassignment surgery, and a state jail felony for a building manager to allow them to do so.Indeed, the bill goes beyond transgendered people to criminalize anyone entering the restroom of the opposite gender with three exceptions: if they enter for custodial purposes, to give medical attention, or accompanying a minor under eight years old. I can think of more than one instance in my life where I would have committed a Class A misdemeanor under this provision, how about you? My wife suggested that many women may have violated this proposed law at nightclubs or public events because the lines to women's restrooms are always quite long and the stalls in the men's room are…
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"Who Watches the Watchmen? Accountability in Federal Corporate Criminal Prosecutions"
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More Pages to Explore .....
