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"El Chapo" Guzman: One Year Later

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One year ago today, Joaquin "El Chapo" Guzman was captured in Mazatlan. He's been held at Altiplano prison in Mexico ever since. He has not been extradited. His assets have not been seized or forfeited. There has been no dent in the drugs... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Sunday Open Thread

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I've been catching up on my reading this weekend, the snow that began more than 24 hours ago is still coming down. It's also Oscar night, which means the Red Carpet should be starting soon. This is an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

A New York Criminal Defense Overview...cont

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135.00 Unlawful Imprisonment, Kidnapping and Custodial Interference; definitions of terms: 1. “Restrain” means to restrict a person’s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful. A person is so moved or confined “without consent” when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement. 2. “Abduct” means to restrain a person with intent to prevent his liberation by…

CPLR §2221 and 4404(a) ...cont

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The Board also recognized the potential danger to teachers and employees such as plaintiff by limiting class sizes to no more than twelve (12) students who exhibited adverse social tendencies such as engaging in physical assaults. The presence of a security guard in the cafeteria, the site of the initial physical engagement between the two students, one of whom was part of the twelve students assigned to the calss teacher clearly is a recognition by the Board that inaction could lead to harm to teachers and plaintiff. However, no guard was present in the cafeteria where the student remained with his teacher, after he left the cafeteria with the twelve (12) students and the class teacher. Moreover, no evidence was offered by the Board explaining the student’s ability to move freely about the school without supervision. Plaintiffs' expert, testified that the school administrators, including the principal and assistant principal, departed from accepted educational…

Bad Proposed Public Records Policy in Arizona

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If Arizona Legislators pass Senate Bill 1339 (2015), they would be sending mixed signals on public records.  The bill intends to weed out burdensome requests, by allowing public records custodians to claim the request “unduly burdensome” or “harassing.” This is bad public policy – it is as simple as that.  This legislation undermines the principles … Continue reading Bad Proposed Public Records Policy in Arizona → The post Bad Proposed Public Records Policy in Arizona appeared first on Arizona Common Law. Related posts:Article – Free Speech and Guilty Minds Lawsuit Against the State of Arizona Seeks to Find Out Its Execution Protocols A Marshall Plan for Arizona

Are Jurors Biased Against Fat Women?

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Researchers at Yale University recently conducted a study with 471 mock jurors. Each of them was given a hypothetical criminal case of cheque fraud, together with photographs of four fake defendants. The four accused consisted of a portly man, a slender man, a svelte woman and an overweight woman. The jurors then assessed each accused’s guilt on a scale of five, based on their appearance. The study results showed that male jurors consistently found the fat woman to be guilty, and the bias against overweight women was even greater if the male juror was a thin man. Curiously, this weight bias did not apply to male jurors assessing the guilt of overweight men and female jurors displayed no discrimination against fat people. Natasha Schevey, who led the research, concluded that weight-based stigmatization is now on par with rates of racial discrimination. In other words, overweight people are vulnerable to bias and discrimination similar to racial prejudice, based on…

Field Sobriety Tests in Washington State

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For decades, Washington State law enforcement agencies have administered certain physical tests to individuals suspected of intoxication. Nowadays, almost everyone who has consumed alcohol, or driven a car is aware of the Standard Field Sobriety Test’s, otherwise known as FST’s. Perhaps the most widely and best known test being, Walk and Turn, Heel-Toe test. The real question is though just how reliable are standard field sobriety tests? In the mid-1970’s the National Highway Traffic Safety Administration (NHTSA), began a series of studies to develop standardized tests that could be administered by officers in the field to evaluate suspected intoxicated drivers. The studies resulted in the formulation of three recommended tests: (1) Horizontal gaze nystagmus (HGN), (2) Walk and Turn, Heel-Toe, and (3) One leg stand. A inability to perform the requested tests adequately has been considered sufficient to corroborate a officers conclusion that a person is…

High speed chases, asset forfeiture, civil commitment and remembering 'Pottygate'

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Here are a few items whch haven't made it into independent posts, aren't likely to in the busy week ahead, but which merit Grits readers' attention:Read Texas Monthly's Dan Solomon on "The Causality of High Speed Police Chases"Check out a San Angelo Standard Times editorial titled, "Curbing asset forfeiture abuse"From the Houston Chronicle, "Harris County's two largest police agencies are testing body cameras on officers but refuse to release their policies detailing when the cameras should be turned on and off to maximize accountability and minimize intrusiveness." Chron columnist Lisa Falkenberg asked, "If costly border surge is working, where's the proof?"Mike Ward and Anita Hassan from the Houston Chronicle offer initial details on what a revamped and perhaps renamed sex offender civil commitment program might look like under legislation soon to be proposed by state Sen. John Whitmire. Judge Seiler…

What Happens When We Stop Being Serious About Drug Pushers?

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I don't think it takes a genius to figure this one out.  Still, the sponsors of Prop. 47 nervously assure us that it's "too early" to draw the predictable (and predicted) conclusion from these breathtaking figures.  Of course, by the time they admit the conclusion everyone else can see, their line will be that we just don't have the money to "go back."When you shrink drug enforcement, you get more property crime as well ad more drug abuse.  And I don't mean just pot.  I mean meth.Read the entire Los Angeles Times story for yourself.Click on the graph for a larger version.Hat tip to Doug Berman at SL&P, who brought this piece to the attention of his readers. 

The Oscars

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The Oscars are about to begin. Here's a thread to discuss. Neil Patrick Harris is hosting. The red carpet hosts were unwatchable, where do they find these people? Even Robin Roberts is way too over-animated and seems phony.I hope the show is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

CA - Peaceful Protest to be held in the City of Carson on March 7

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Original Article 02/17/2015 California RSOL will lead a peaceful protest in the City of Carson on Saturday, March 7, in order to highlight the harm done by the city’s sex offender ordinance. That ordinance bans registered citizens from being present in or within 300 feet of public places including the library, parks and swimming pools as well as private places including fast food restaurants that have a children’s playground. The peaceful protest will begin at Carson City Hall at 10 a.m.... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

WA - Bothell detective (Dione Thompson) charged with sexual misconduct with minor

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Dione ThompsonOriginal Article 02/04/2015 By Natalie Swaby A Bothell police detective faces charges of sexual misconduct with a minor. The Bothell Police Department confirms that recently Det. Dione Thompson was responsible for keeping the public informed of sex offender notifications. Before that she was assigned to the Bothell High School campus as a school resource officer. During her time there, in 2010, a female student, age 17, says she was befriended by Thompson. They began to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

KY - Two Kids Have Sex, The Boy Goes to Jail and Becomes a Sex Offender While the Girl Goes Free

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Original Article 02/16/2015 FRANKFORT - An eighth grade boy and his seventh grade girlfriend engaged in voluntary sex at her house in Kentucky. After it was discovered, the boy was arrested and prosecuted. The girl walked free. State Assistant Attorney General Gregory Fuchs said the boy initiated acts that were “within the parameters of the crime.” The boy pleaded guilty to two misdemeanors for having sex with his girlfriend, as well as exchanging nude photos with her. He will be required to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

FL - No Sex Offender Label for Convicted 'Officer of the Year' (Jonathan Bleiweiss) in Florida

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Jonathan BleiweissOriginal Article 02/18/2015 A former Florida cop who forced undocumented immigrants to have sex with him will not be required to register with the state as a sex offender, thanks to a plea deal that one attorney called “shocking and shameful to the whole county.” Months after he was named “Officer of the Year” in 2008, former Broward Sheriff's deputy Jonathan Bleiweiss was charged with multiple sex crimes. About 20 male undocumented immigrants accused Bleiweiss of sexually... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

CA - Why Are So Many Sex Offenders Getting Murdered in California's Prisons?

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Original Article 02/18/2015 By Seth Ferranti In prison, there is no creature lower than a sex offender. Even snitches get a pass before these guys. SOs, chomos, pedophiles—the nicknames all mean the same thing, and they help average convicts differentiate themselves from those they like to believe are the real monsters. - The nicknames do NOT all mean the same thing! A recent report from the Associated Press suggests inmates in the California state prison system are getting killed at twice... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Top-Ten Recent SSRN Downloads

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in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 1,018 Bill C-51 Backgrounder #1: The New Advocating or Promoting Terrorism Offence Kent Roach and Craig Forcese University of Toronto - Faculty of Law and...

"What rights do felons have over their surrendered firearms?"

Framed by the Innocence Project?

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We previously noted the Alstory Simon story here in 2008 and here last November.Jacob Siegel reports in the Daily Beast on the restitution suit filed by the "actual killer" in one of the earliest and most famous "exoneration" cases.  The ironic and inconvenient truth is that the "actual killer" nailed by the "innocence" crusaders was actually innocent."It took two sides to get this thing done," Crawford says of the forces that pulled Simon into the murder case and put him in prison."This thing" Crawford refers to darkly is the collusion between overzealous state prosecutors and a high-profile leader of a since disbanded franchise of the Innocence Project, a nationally lauded legal program that gathers evidence to exonerate wrongfully convicted prisoners. In this case Crawford and others allege that in its eagerness to free a prisoner on death row, the Northwestern University branch of the Innocence Project framed…

Drug Penalties in Illinois.

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ACCURATE AS OF FEBRUARY 20, 2015 Possession of Methamphetamines Weight                              Statute                                                           Class                   Time 0-5 grams                          720 ILCS 646/60(b)(1)…

Scoggins & O'Brien on China's Unhappy Police

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Suzanne E. Scoggins and Kevin J. O'Brien (University of California, Berkeley - Charles and Louise Travers Department of Political Science and University of California, Berkeley - Charles and Louise Travers Department of Political Science) have posted China's Unhappy Police (Asian...
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