Kathryn M. Campbell and Clive Walker (University of Ottawa and University of Leeds - Centre for Criminal Justice Studies (CCJS)) have posted Pathological Error: Reacting to the Limits of Expertise in Legal Process (Law & Justice Review, Year III, Issue...
Campbell & Walker on Pathological Error
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Part 2: Alienated Kids Released From Jail
In yesterday’s post I described the court hearing in Michigan that led Judge Gorcyca to send three children, ages 15, 10 and 9 to Mandy’s Place, a juvenile detention centre for children under 18. Many people expressed outrage at her decision. Comments from American lawyers writing in the American Bar Association Journal ran at about 99% against. A few examples: “Really. Sending kids to jail. This judge has no judgment. She should be removed from office. Clearly she is power mad.” “If we saw this case on some TV lawyer show, no one would believe it. Yet here it is, in all it’s pathetic grandeur.” “In loco parentis, with the emphasis on “loco.” “It is painfully clear these children have already been destroyed. I am often skeptical about parental alienation syndrome even being a thing (and I do matrimonial law) but this transcript proved it to me. A kid says they would prefer to go to juvie than to eat lunch in…
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Rhode Island Court Reverses Murder Conviction of Man Who Has Served 23 Years
Today a Rhode Island judge reversed the murder conviction of Raymond Tempest, Jr., who has served 23 years for the February 19, 1982 murder of a woman and the assault of another who lived in a Providence apartment building. The Innocence Project assisted the lawyers on the case with DNA testing that excluded the Tempest as the source of evidence, including two hairs in the victim’s clinched hand, recovered from the crime scene. Tempest always maintained his innocence of the crime. Controversy about the investigation has followed the case for years. The court ruled that the prosecution violated the defendant’s constitutional rights by refusing to turn over evidence that pointed to his innocence. The judge adjourned the case to August 4th for a hearing to determine whether to set bail that would allow the defendant to be released. At the hearing today, the prosecution indicated that he intended to appeal the decision to the Rhode…
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WILL POSSESSION OF THE ENTIRE 22 VOLUME OXFORD ENGLISH DICTIONARY MAKE ME A BETTER LAWYER?
Unfortunately in a moment of delusional optimism I happened upon a recent article filled with praise for the Oxford English Dictionary (2nd Edition, 1989, a mere 22 volumes). The writer noted that the dictionary was her favorite worldly possession. Not only more sobering than wine, but better by a wide margin than anything she's ever owned, including "books, paintings and drawings, souvenirs, jewels - shoes even."Reading Material for CourtSomething about this struck a deep cord with me. For a week or so I wondered how owning this marvel might change my life. Would it make me a better person, a better American, and for any possible tax deduction, a better lawyer?I'd wake up, make espresso and randomly draw forth a volume, reading a new word's history, usage, lineage and sit back savoring how I'd spring it on the next unsuspecting person I happened upon. If a lawyer, fine; if a judge, so much the better; if a juror, forget it. No…
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Right to Remain Silent
When stopped by the police for any reason at all, you need to remember your rights. One in particular stands out from the rest. Do you know what it is and how to use it? Your Right to Remain Silent By the dictates of the Fifth Amendment, no officer of the law can legally compel you to answer a question or reveal information that might incriminate you in any way. This means that no one can force you to make a statement or give a response that could ultimately lead to your conviction. Nevertheless, it does not keep you from volunteering information, and that’s where many people make their first mistake. Why You Should Just Say No Law enforcement is famous for asking questions, and it’s easy to feel pressured into giving them the answers. You may even think that by turning on the charm, you can talk your way out of a sticky situation. Unfortunately, the police are not looking for excuses to let you go. They are trying to collect evidence in the hopes of assuring an…
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Burglary and Robbery
When a thief breaks into a home and the resident is there, the burglary may turn into robbery instead. Burglary and robbery are often used interchangeably and although they are both property crimes, the two are different according to Utah state law. Burglary defined Utah code 76-6-202 states that “An actor is guilty of burglary […] The post Burglary and Robbery appeared first on Salt Lake Criminal Defense.
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Criminals-Are-Cool Week at the White House
Do criminals owe a debt to society, or is it the other way 'round? The Obama Administration's answer is no longer open to serious doubt. As ABC News reports:The 46 sentence reductions [Obama granted today] are the most presidential commutations in a single day since at least the administration of President Lyndon Johnson, according to the White House. Overall, Obama has commuted sentences of 89 people, surpassing the combined number of commutations granted by Presidents Ronald Reagan, George H.W. Bush, Bill Clinton and George W. Bush.They represent a sliver of all those seeking clemency: Justice Department statistics show that roughly 2,100 commutation petitions have been received so far this fiscal year, and about 7,900 are pending.White House counsel Neil Eggleston predicted the president would issue even more commutations before leaving office, but added that "clemency alone will not fix decades of overly punitive sentencing policies."The…
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"Some major U.S. religious groups differ from their members on the death penalty"
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Illinois Man Sentenced for Aggravated Domestic Battery
On July 8, David J. Marks was sentenced to serve three years in the Illinois Department of Corrections followed by a four-year term of mandatory supervised release for his conviction of aggravated domestic battery. He pled guilty to the charge last month. According to a news report, Marks was arrested in the parking lot of a Best Buy store in Carbondale after a battery incident was reported. According to the officers, they arrived at the Best Buy parking after two private citizens heard the victim cry for help and intervened, which allowed the victim to escape. The victim told police that Marks, her ex-boyfriend, came to her home and abducted her against her will. When they arrived at the Best Buy parking lot, Marks allegedly used a seatbelt to try to strangle her and prevented her from leaving the vehicle. After the private citizens intervened, Marks drove off but was later apprehended. Domestic Battery Laws in Illinois Under Illinois statute, a person is guilty of…
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“Bill Cosby Is Innocent…”
…says my friend Whoopi Goldberg. In defending Bill Cosby, she stated, “The bottom line is, that’s the law.” She added,”Innocent until proven guilty.” In illustrating the importance of due process, Whoopi highlighted the 2006 Duke lacrosse case, where three Duke lacrosse team members were falsely accused of rape. In response, I say, “Whoopi, you are right.” Legally, every defendant is presumed to be innocent unless proven guilty in a court of law. That includes Bill Cosby. The question is whether every person who is “legally innocent” is actually/factually innocent. The answer is “no.” There are numerous reasons why someone who committed an offense may never be brought to criminal court and/or convicted. One reason is that the evidence is insufficient, in spite of the person’s guilt. As we have all learned from many high profile cases resulting in acquittals, the Criminal Justice System is…
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Rhode Island Court Reverses Murder Conviction Based on Government’s Failure to Disclose Evidence Pointing to Innocence and Improper Questioning by Police
Court Sets August 4th Hearing to Determine Whether to set Bail for Raymond TempestWho Has Served 23 Years for the Crime Contact: Paul Cates, 212-364-5346, cell 917-566-1294,pcates@innocenceproject.org (Providence, RI; July 14, 2015) – Yesterday a Rhode Island judge reversed the murder conviction of Raymond Tempest, Jr. based on the failure of police and prosecutors to turn over multiple pieces of evidence pointing to the defendant’s innocence and improper interviewing tactics by the police that compromised the evidence. Tempest was convicted of the murder of Doreen Picard on April 22, 1992. The crime, which occurred in the apartment building where the victim lived, occurred on February 19, 1982 and for a decade no one was charged. At his trial in March and April 1992, the prosecution offered no physical evidence connecting Tempest to the crime and there were no eyewitnesses claiming to have seen Tempest at…
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Seventh Circuit Upholds Non-Incarceration Sentence for Beanie Baby Creator
This guest post was authored by Mara Smith, a summer associate with Montgomery McCracken. On Friday, the Seventh Circuit upheld what it determined to be a substantively reasonable sentence for billionaire Ty Warner, the creator of Beanie Babies. We previously blogged about Warner’s district court sentencing, during which Judge Kocoras found that Warner’s “very unique” circumstances warranted a non-incarceration sentence – well below the term of imprisonment recommended by the Sentencing Guidelines. Following this sentencing, the government appealed, arguing that Warner’s sentence was far too lenient. As you may recall, Warner’s prosecution came out of the DOJ’s initiative to combat offshore tax evasion, which started in 2008 with a targeted investigation into the Swiss bank UBS, where Warner had an offshore account. In early 2009, UBS admitted wrongdoing and agreed to cooperate with the U.S. government investigation by…
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What is the Difference between Divorce and Legal Separation in Maine?
It is important to bear in mind that the primary difference between a divorce and a legal separation in Maine is the final disposition of the marriage; little else differs. Regardless, some couples are more comfortable with a divorce, others are more comfortable with a legal separation, and some actually go through both. To understand the key distinctions between the two marriage dissolution options, it's best to understand why a person would file for one or the other in the first place. Divorce versus Legal Separation When a couple divorces, they are no longer legally married and are free to legally pursue other marital relationships. When a couple legally separates, they remain legally married and cannot pursue other marital relationships. As discussed above, this final disposition of the marriage is the only difference between the two, i.e. whether the state recognizes the couple as legally married or legally "unmarried" through divorce. Why Couples Seek Legal…
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NYU Law creates Clemency Resource Center, a "pop-up, pro-bono law office to submit petitions"
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News Scan
MO to Execute Man who Killed Teen: A Missouri death row inmate who was convicted of murdering a teenage girl in 2001 to avoid going back to prison after rear ending her vehicle is scheduled to die by lethal injection Tuesday evening. Sarah Forhetz and Gene Hartley of KY 3 report that 55-year-old David Zink murdered 19-year-old Amanda Morton, whose body was discovered strangled in a cemetery with a broken neck, and her spinal cord had been sliced with a knife. Zink is part of a lawsuit along with a group of other death row inmates filed against state officials, alleging its lethal injection protocol is unconstitutional. He will become the fifth inmate executed in Missouri this year. Gang Violence in Chicago Continues to Claim Lives: The body count continues to rise as gang violence surges in Chicago, with 28 shot and six killed before the weekend even came to a close. Warner Todd Huston of Breitbart reports that one of the victims is a…
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Michigan Driver Responsibility Fees; It Pays to Fight Every Traffic Ticket!
Since 2003, the State of Michigan collects Driver Responsibility Fees against driver’s when excessive points are abstracted on a person’s driving record (Category 1 Offenses). Fees are also collected for specific offenses, regardless of points (Category 2 Offenses). Drunk driving is an example of an offense categorized under Category 2. For example, a person who is convicted for Operating While Intoxicated is required to pay $1,000.00 per year for 2 years for a total of $2,000.00. A conviction for the lower drinking and driving offense of “impaired driving” requires $500.00 per year for 2 years in fees. These fees have been called a “death penalty for drivers” by State Rep. Joe Haveman (R-Holland). Haveman favors legislation which would phase out all driver responsibility fees and he has called the law a “cash grab” for the state at the expense of motorists, who can lose their license for non-payment. Traffic tickets are…
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"How medical marijuana could literally save lives"
The title of this post is the headline of this notable new Washington Post Wonkblog entry that reports on a notable new study about the relationship between marijuana reform and reduction in the harms from opiate addictions and overdoses. Here is how the piece gets started (with links from the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9Xt1TW7AoBc" height="1" width="1" alt=""/>
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Moss v. Florida - New Trial in Sex Crime Case After Evidence Error
A Florida man convicted of burglary of an occupied dwelling and sexual battery will receive a new trial after an appeals court agreed the trial court wrongly entered evidence of statements he made to authorities prior to his arrest. In Moss v. Florida, the state's 1st DCA found there was sufficient evidence to show defendant exercised his right to remain silent during the second questioning. The law affords suspects in criminal cases the right to remain silent. However, thanks to ill-advised and over-simplified television programs, there is vast misunderstanding as to what exactly these rights are and when and how they may be invoked. A "Miranda Warning" as it is called, is derived from the First Amendment protection against self-incrimination. This advises suspects what they cay can be used against them in court, that they have the right to consult a lawyer, that the lawyer can be present during questioning, that a lawyer represent them free of cost if they…
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[VIDEO] Can You Drive to Court on a Restricted License?
The answer is normally yes, but now there’s caveats as with everything under the law. If you’re charged with an offense of driving outside your restrictions, definitely contact me so we can begin analyzing your defense and seeing how we can fight that charge in court. Video Transcription Hello, my name is Andrew Flusche, I’m your Virginia traffic lawyer. Can you drive to court on a restricted license? Well the answer is normally yes, but now there’s caveats as with everything under the law. The default form for Virginia restricted driver’s license says that you can drive to court for a case where you are a subpoenaed witness, so if there’s actually been a subpoena issued, or if you’re a party to the case you’re allowed to drive to and from court appearances for those cases. You can’t go to support your buddy unless you’re subpoenaed and you can’t just go to watch cases or to go for some other thing, but if…
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Live-blogging President Obama's big criminal justice reform speech to NAACP
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