This post examines an opinion recently issued by a U.S. District Court Judge who sits in the U.S. District Court for the Northern District of Indiana: U.S. v. Bradbury, 2015 WL 2449641 (May 22, 2015). He begins by explaining that the federal government has chargedSamuel Bradbury with willfully threatening the use of fire or an explosive in violation of 18 U.S. Code §844(e). The indictment was recently superseded to add an additional charge of maliciously conveying information concerning the use of fire under the same section of the criminal code. . . . In essence, the indictment alleges Bradbury posted a message on Facebook in which he threatened to bomb the Tippecanoe County Courthouse and kill certain law enforcement officers and judges. Bradbury has moved to dismiss the indictment on the grounds that § 844(e) is unconstitutionally overbroad and his post was protected speech under the 1st Amendment. U.S. v. Bradbury, supra.The judge…
"True Threats," Facebook and "Blowing Off Steam"
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"For Juvenile Sex Offenders, State Registries Create Lifetime Of Problems"
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Mass Incarceration, or Not Enough?
Academia, the defense bar, and others in the pro-crime lobby ceaselessly and loudly tell us that the amount of incarceration is too high. They show much less interest in talking about the amount of crime. When they can be dragooned to say something about it, it's generally to mumble that, yes, well, crime has been falling, and yes, that's kind of a good thing, but (ready now?) taking people who commit crime off the street has almost nothing to do with the fact that we have less crime.No, really, they say that. This very day, and for the past several weeks, Baltimore has been teaching the opposite lesson, and the deadly tuition for it is being paid by the very people liberals claim to want to help. As Rich Lowry writes in Politico:The Baltimore Sun ran a headline (since changed) that had the air of a conundrum, although it isn't very puzzling, "With arrests down in Baltimore, mayor 'examining' increase in killings."…
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DOJ civil rights chief shaped by landmark TX litigation
In the course of twenty years in Texas' criminal-justice reform movement, Grits has enjoyed the good fortune to work with a bevy of amazing women and, for whatever reason, only a handful of men operating at the same, high levels who for the most part were unable to get out of their (our) own way.Emblematic of the former, happier, group is Vanita Gupta who took over as acting head of the Civil Rights Division at the US Justice Department in October but, in a past life, was once co-counsel on behalf of the NAACP Legal Defense Fund in the legal tussle following the Tulia drug busts. She went on to run national ACLU's Campaign to End Mass Incarceration before President Obama selected her for the Civil Rights post.The Tulia episode, which for all intents and purposes inaugurated Texas' 21st century criminal-justice reform movement as we know it today, transformed the political and legal landscape surrounding the drug war and innocence issues in this state. Bail…
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Child custody brings new charges
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By Rail Roaded: I have a sex assault conviction in 1994 for pinching a nine year old girl inappropriately. Yes, I was messed up and high and yes, I did plea guilty to it in order to plea bargain and avoid jail time. I was naive. I was sentenced to 4 years probation and classes. I was not required to register. There was no registration requirement in Colorado until three months after my... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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MO - My story Failure to register
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission. By SD: In the State of Missouri those that predate January 1 1995 are not required to register under State law due to the States Constitutions 13th amendment. But they claim that there is a federal obligation to register with the State. So the State will charge and convict those that predate the law under state law due to federal obligation. In 2010 I was charged with a State law of failure to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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New Program Hopes to Keep Mentally Ill Defendants Out of Jail
On the heels of the Chicago “Rocket Docket” program comes a new initiative from the Cook County Sheriff’s Office aimed at identifying – and getting treatment for – Cook County misdemeanor arrestees with mental health issues. Mental Health Crisis in Cook County Jails Cook County Sheriff Thomas J. Dart has been a proactive force in efforts to keep non-violent, mentally ill Cook County offenders out of jail, focusing his efforts instead on getting them much needed mental health treatment. The Cook County Sheriff’s website estimates that approximately 30% have some type of mental illness that is a major contributing factor to their crime. The greatest concentration of crime committed by those with a mental illness is in the south suburbs, which saw a huge increase when the Tinley Park Mental Health Center closed in 2012, which left many patients with no options for treatment or housing, leading them to petty crimes as a means of survival. Yet…
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Highlighting that GOP candidates are so far way ahead of candidate Hillary Clinton on mandatory minimum reforms
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Light blogging until Monday because I am Going Back, Going Back...
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Milam v. Commonwealth - Unlawful Entry by Officers
Police officers may not enter one's dwelling, absent consent by owner or a warrant, except in the most extreme circumstances. Such a case might involve the reasonable belief that someone inside is in danger. Beyond that, any evidence collected as a result of unlawful entry - no matter how powerful - may not be used against a defendant in a court of law. This point was underscored yet again in the recent case of Milam v. Commonwealth, wherein officers entered a fraternity house connected to a Kentucky university without a warrant.
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Crime and Mental Illness
As our Delray Beach and Fort Lauderdale criminal defense lawyers know, the issue of interaction between and combination of criminal activity and mental illness or disease is an interesting one which has profound implications for our criminal justice system. In our society, how we understand mental illnesses such as schizophrenia and bipolar disorder, etc., not to mention addiction, has evolved a great deal; we are becoming far more understanding with respect to the fact that millions of Americans deal with powerful and difficult issues such as these. However, the sentences our criminal justice system hands out do not reflect this sort of progression and that needs to change. Instead of treating the mentally ill as if they're hardened criminals and tossing them in jail, we need to treat them like patients and offer them hospitalization, therapy and/or other alternative forms of rehabilitation. Doing so will benefit both the mentally ill who commit criminal acts as well as…
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***Update*** One vehicle crash off US 91 in Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5-29-2015 3:50 p.m. Please direct questions to the District Office ***Update*** On May 29, 2015, at approximately 2:00 a.m., Idaho State Police investigated a one vehicle injury crash at Meridian Road and US 91, near the Short Stop in Blackfoot. A 2009 Dodge Chrysler was traveling southbound on Meridian Street when the driver failed to stop at a stop sign at US 91. The vehicle crossed all four lanes of travel on US 91 and went off the shoulder on the east side of the road. The vehicle then struck a tree and overturned. Two occupants were ejected from the vehicle. One of the occupants, Irving Escalante, 27, of Armona, CA, succumbed to his injuries at the scene. One occupant was…
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Massachusetts Woman Arrested for Drunk Driving in Minivan at 111mph
A Massachusetts woman was recently arrested for driving her minivan drunk at 111 mph. This news comes from a recent news article published by the Franklin Sun Journal. Authorities say the incident occurred late on a Sunday afternoon. A state trooper clocked her speed as she passed him on a stretch of road where the speed limit is 55 mph. When she allegedly failed to stop immediately for his activated lights and sirens, he gave chase. After eventually getting driver to pull over, trooper approached her vehicle and immediately suspected she was under the influence of alcohol. At the state trooper's barracks, he administered a breath alcohol test on defendant, and she reportedly blew a 0.14. As our Boston drunk driving accident lawyers understand, this is nearly two times the state and federal legal limit of 0.08 grams of ethanol per 100 milliliters of blood.
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Hodgson & Cape on EU Right of Access to Lawyer at Police Stations
Jacqueline Hodgson and Edward Cape (University of Warwick - School of Law and University of the West of England (UWE) - Bristol Law School) have posted The Right to Access to a Lawyer at Police Stations: Making the European Union...
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Does Pennsylvania have any special laws for bicyclists?
Yes, there are specific Pennsylvania bicycle laws. Read through this overview before hitting the road this summer. Be sure to pass along the information to your children as they learn to love riding outside in Pennsylvania's extensive discontinuous trail systems like the Schuylkill Trail or the Great Allegheny Passage.Helmet LawNot all states in the nation have a law regarding whether or not cyclists must wear a helmet. In Pennsylvania, the law does not require adult cyclists to be helmeted; however, it does require that all cyclists under the age of 12 or bicycle passengers to wear a helmet. As a note, though, failure to wear a helmet cannot be used against an injured cyclist to place contributory negligence on the cyclist, per Pennsylvania Pa. Cons. Stat. § 3510(b).Riding in the Right-Hand LanePennsylvania law requires all cyclists to ride in the right-hand lane of traffic, or as close to the edge of the road/curb/sidewalk as possible. This rule is waived in the…
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Can I Get a Restraining or Protection Order in Maine?
It's an unpleasant fact that people get ugly; we all have the capability of causing harm within us, no doubt dating back to when we had to fight to survive. There is a significant difference in losing one's temper and shouting as opposed to becoming threatening and violent, however, and no one, even your children, should become the victim of bullying or dangerous behavior. Maine has specific laws in place to protect its citizens from harassment and abuse, and it is easier to determine whether you should file for a protective order, commonly called a “restraining order,” if you understand what constitutes threatening behavior and how to file for the restraint.Types of Orders Two separate sections of Maine law cover protective orders: Title 5, Sections 4651 to 4660-A and Title 19-A, Sections 4001 to 4011. Title 5 sets forth the provisions for a Protection from Harassment order against an unrelated individual harassing you, a family member or your business.…
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Two Vehicle Crash South of Aberdeen
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 05/29/2015 6:11 p.m. Please direct questions to the District Office Idaho State Police is currently investigating a two vehicle crash at northbound State Highway 39 at milepost 13, south of Aberdeen. At this time, all lanes of travel are blocked. Motorists are encouraged to avoid this area if possible. More information will be released as it becomes available. BO / AH -------------
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Huddleston on Federal Sentencing Error as Loss of Chance
Kate Huddleston has posted Federal Sentencing Error as Loss of Chance (Yale Law Journal, Vol. 124, p. 2663, 2015) on SSRN. Here is the abstract: Federal courts have taken the wrong approach to discussing sentencing error. Circuit court opinions in...
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Fatality Crash on US30
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5/29/2015 6:55pm Please direct questions to the District Office ***********FINAL UPDATE******************** On Friday, May 29, 2015, at 10:20am, the Idaho State Police investigated a two vehicle crash on US30 at milepost 333.5, near Pocatello. Joanne Christofferson, 29, of Pocatello, was traveling eastbound on US30, in a 1997 Mazda Protege, when she drifted into the westbound lane of travel, colliding with a 2005 Harley Davidson driven by Staci Shryock, 44, of Pocatello, who was traveling westbound. Shryock succumbed to her injuries at the scene. Christofferson was transported by ground ambulance to Portneuf Medical Center. Lanes were blocked for approximately two hours. This…
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***Correction*** One vehicle crash off US 91 in Blackfoot
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 5 5205 South 5th Ave. Pocatello, Idaho 83204-2299 (208) 236-6466 FAX: (208) 236-6068 For Immediate Release: 5-29-2015 8:00 p.m. Please direct questions to the District Office ***CORRECTION ON UPDATE*** The vehicle is a 2009 Dodge Challenger. ***END OF UPDATE*** ah/js ***Update*** On May 29, 2015, at approximately 2:00 a.m., Idaho State Police investigated a one vehicle injury crash at Meridian Road and US 91, near the Short Stop in Blackfoot. A 2009 Dodge Chrysler was traveling southbound on Meridian Street when the driver failed to stop at a stop sign at US 91. The vehicle crossed all four lanes of travel on US 91 and went off the shoulder on the east side of the road. The vehicle then struck a tree and overturned. Two occupants were ejected from the vehicle. One of the occupants,…
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