The National Association of Assistant US Attorneys has a report with the above title, issued last Friday. NAAUSA President Steve Cook wrote a reply op-ed in USA Today, in opposition to the main editorial which says all the same stuff you would expect. David Murray and John Walters have this post on the Weekly Standard's blog. Here are the myths according to NAAUSA:Myth One: Our prison population is exploding because of the incarceration of recreational drug users or low-level drug offenders.Fact: Our federal prison population is not exploding, and those who are serving prison sentences for drug crimes are incarcerated because of drug trafficking crimes, not recreational drug use.Myth Two: The federal prison population is a product of mandatory minimum sentences for drug traffickers.Fact: The majority of drug traffickers sentenced in federal court are not being sentenced pursuant to mandatory minimum sentences.Myth Three: Only violent drug dealers…
The Dangerous Myths of Federal Drug Sentencing "Reform"
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Public Intoxication on Private Property
They who stroll around town belligerently drunk risk being arrested for public intoxication, but what if they are on their own private property? Public intoxication defined Utah Code 76-9-701 states “A person is guilty of [public] intoxication if the person is under the influence of alcohol, a controlled substance, or any substance having the property […] The post Public Intoxication on Private Property appeared first on Salt Lake Criminal Defense.
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Prison Transgender Case Moot?
The clerk of the U.S. Court of Appeals for the Ninth Circuit today entered this order in Michelle-Lael Norsworthy v. Jeffrey Beard, et al, No. 15-15712:The Defendants-Appellants' Reply Brief informed the court that "A panel of the Board of Parole Hearings has since provisionally granted Ms. Norsworthy parole." Reply Brief at 22. The parties are ordered to file status reports on or before Tuesday, July 28, 2015 regarding whether this case may be mooted by the Board of Parole Hearings panel's decision and commenting as to any possible effect on whether this court should conduct the oral argument scheduled for Thursday, August 13, 2015. The parties are further ordered to update this court within 7 days of any parole decision regarding the Plaintiff-Appellee.
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Small-Time OC Pimp Facing 22 Years if Convicted For Human Trafficking
24 year-old Richard Sandoval has been charged with 8 felonies related to his violent attempts at persuading his 18 year-old girlfriend to become his prostitute at a hotel in Garden Grove. Along with burning her leg with a blow torch, Sandoval threatened to kill the woman if she refused to engage sexual acts in exchange for money, according to the OC Weekly. At some point during the event, Garden Grove Police were contacted and dispatched to the hotel room where Sandoval had taken up post. Inside the room Garden Grove Officers found scales, plastic bags, a large amount of cocaine, and the blow torch he had used to burn his victims leg. Sandoval faces harsher punishment today than if he was charged with this crime only a few years ago. In 2012, Californians voted on Prop 35 and passed it with an overwhelming 81%, according to the Huffington Post. The proposition increases sentences for human traffickers to 12 year maximums, along with $1.5 million fines. Furthermore, those who…
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Fingerprint Match Admissibility
The California Court of Appeal, Third District, today rejected an attack on the reliability and admissibility of fingerprint match evidence in People v. Rivas, C027621.
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 323 'Frightening and High': The Frightening Sloppiness of the High Court's Sex Crime Statistics Ira Mark Ellman and Tara Ellman Arizona State University College of...
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Comparative Negligence in Pennsylvania and New Jersey
A lawsuit for wrongful death is a type of civil action that addresses the damages caused to the deceased through the negligent act(s) of another. This kind of lawsuit is permissible in both New Jersey and Pennsylvania, and the executor or personal representative of the estate can file it. A representative can file a claim on behalf of surviving family members.One thing that can affect the compensation amount that family members receive in a wrongful death claim is comparative negligence. The following takes a look at the laws for comparative negligence in Pennsylvania and New Jersey.Pennsylvania Comparative Negligence LawsComparative negligence, or contributory negligence, is another term for shared fault. When applied to a civil action, it means that the person against whom the suit is being filed (the defendant) was not 100 percent at fault for the harm caused to the plaintiff.In this case, the deceased, who is being represented by the executor of the estate. For example, if…
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Best of Brand New: Youth Lagoon "The Knower"
And the first few lines are a modern prayer....YL shifts into the dimension of the enlightened.
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Questions Linger Over the Death of Sandra Bland in a Texas Jail Cell
The deaths of African Americans at the hands of police officers have dominated headlines nationally over the last 18 months. Texas has not been immune to cases like this. In the Dallas area, the death of a woman in a Waller County jail cell has sparked a protest in the city and elsewhere in the country. Sandra Bland was arrested ... Read More The post Questions Linger Over the Death of Sandra Bland in a Texas Jail Cell appeared first on .
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Do I have to take DEEP for an Under 21 Alcohol violation?
Being under 21, it can be tempting to drink alcohol before you are old enough to drink legally. It can become risky when drinking alcohol is mixed with an inexperienced driver behind the wheel. As an example, let’s say that you had one or two beers at a party, and then went to drive home. […] The post Do I have to take DEEP for an Under 21 Alcohol violation? appeared first on The Nielsen Group.
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Illinois Man Accused of Using Fake Credit Cards in Boca Raton
An Illinois man is accused of trying to use a fake debit card at a SunTrust bank, according to Boca Raton police. An email was apparently sent to bank employees warning them of the 23-year-old man after he allegedly attempted to use the card at other branches, according to a Boca Raton police arrest report. Reports indicate that a card scanner was placed at the back of the bank, so when the man tried to add more than $1,000 on one of his fake debit cards, an employee could easily call police. The alleged attempted transaction happened at 11:46 a.m. on Thursday when a teller at a SunTrust Bank reported that the man was in the lobby of the bank trying to use one of the fake debit cards. The teller had already received several emails from other SunTrust banks, warning her that a man was trying to use fake debit cards at other banks. The teller told the man there was insufficient funds and they couldn’t give him the money, according to reports. When an officer arrived, she…
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Your moment is our movement: “I decided to be the voice”
Congratulations to the #YourMomentOurMovement winner of the week: Julia Myron! Julia is an Amnesty International member from Houston, Texas. This is her moment: “The moment I saw police brutality in Nigeria and the fear and abuse of the the citizens I decided to be the voice I decided to join Amnesty International.” Thank you for fighting for justice and standing up for human rights, Julia. Your moment is our movement. If you didn’t win this week, don’t worry! We are choosing one winning moment EVERY WEEK. Each week’s submission period ends Friday at 12pm. Submit your story online at http://owl.li/PUUpN or through Instagram by posting a photo with the hashtag #YourMomentOurMovement, and tagging @AmnestyUSA. You could win a feature like this one on our social media and website, as well as exclusive Amnesty gear! We love to hear the stories of dedicated activists like you that make Amnesty International and the human rights movement…
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Montana Man Sentenced for Illegally Possessing Firearms
COEUR D'ALENE - Jesse Carey Barker, 31, of Roll, Arizona, was sentenced Tuesday to 48 months in prison for possession of firearms by a prohibited person, U.S. Attorney Wendy J. Olson announced. Visiting U.S. District Judge William Fremming Nielsen also ordered Barker to serve three years of supervised release and to forfeit the firearms.According to the court documents, on October 7, 2013, Barker was stopped for driving under the influence. Officers were able to see a rifle with a bayonet attached to it in plain view through the car window. After completing field test, a vehicle search was completed and a loaded handgun was located under the passenger's front seat beside an open beer. It was also determined that the rifle was loaded.The case was investigated by Idaho State Police (ISP).
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The plaintiffs entered into an agreement with All American Talent
A Kings Construction Accident Lawyer said that, in an action for a judgment declaring that the defendant is obligated to defend and indemnify the plaintiffs in an underlying personal injury action, commenced in the Supreme Court, Kings County, the plaintiffs appeal from an order of the Supreme Court, Queens County, dated May 3, 2010, which denied their motion for summary judgment on the injury complaint. The plaintiffs entered into an agreement with All American Talent (hereinafter All American), whereby All American was to rent the auditorium and three classrooms in the plaintiff Christ the King Regional High School (hereinafter the school) for two days for a dance competition. The contract required All American to name the school as an additional insured on a liability insurance policy issued to it by the defendant. A Kings Spinal Injury Lawyer said that, complainant allegedly was injured when she fell on a sidewalk while walking from the parking lot behind the school to…
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*Update* crash WB I84 at milepost 68
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 07/21/2015 4:48 pm Please direct questions to the District Office *******All lanes are open at this time.********* HG/KS The Idaho State Police are investigating a single vehicle crash westbound on I84 at milepost 68, with the left lane blocked. Motorists are encouraged to avoid this area if possible. SK/DO -------------
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WE DIDN'T BLINK
There was a very public showdown recently. It played out in public. On one side, a renegade, flouting the rules, whipping the public into a frenzy. On the other side, an autocratic "rules must be obeyed" mentality.People took sides. The old line "rules" people wanted the status quo. The renegades wanted change; the rules were oppressive and unfair to the people. Interested parties tried to mediate, with limited success. Germany vs. Greece. France and Italy tried to mediate the standoff.Justice Building Blog vs. TGK. FACDL tried to mediate. Greece blinked. We did not. Members: Following up on Brian Kirlew's email of last week, as well as my emails about the same subject, we wanted to bring all of the members up to speed on what is happening. A meeting took place today at the MDC&R Headquarters. This was their weekly Command Staff meeting and all of the Captains' that run…
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Partial Reversal for Blagojevich
Rod Blagojevich, former governor of the state where about as many former governors are felons as not, won a partial reversal from the Seventh Circuit today. From United States v. Blogojevich, USCA 7, No. 11-3853:Blagojevich now asks us to hold that the evidence is insufficient to convict him on any count. The argument is frivolous. The evidence, much of it from Blagojevich's own mouth, is overwhelming. To the extent there are factual disputes, the jury was entitled to credit the prosecution's evidence and to find that Blagojevich acted with the knowledge required for conviction.But a problem in the way the instructions told the jury to consider the evidence requires us to vacate the convictions on counts that concern Blagojevich's proposal to appoint Valerie Jarrett to the Senate in exchange for an appointment to the Cabinet. A jury could have found that Blagojevich asked the President‑elect for a private‑sector job, or for funds that he could…
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How long do I have to file a lawsuit, according to the statute of limitations for truck accident?
Often, filing a claim through your insurance company or the at-fault truck driver’s insurance company is the best route to recovering compensation for your injuries after an accident. Sometimes, though, filing a lawsuit—rather than an insurance claim—is the only way to get your full damages amount.When filing a lawsuit after a truck accident, it’s important that you understand the laws surrounding personal injury suits in Pennsylvania, as well as the statute of limitations for a truck accident.When You Have the Right to File a LawsuitUnlike many other states, Pennsylvania has very strict laws governing the circumstances surrounding when you can file a lawsuit, rather than filing a claim with an insurance company alone.In Pennsylvania, if you’ve purchased limited tort car insurance, you cannot file a lawsuit after a truck accident. The only exception to this rule is if you’ve sustained injuries that fall under the classification…
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7th Circuit Overturns Rod Blagojevich Convictions
The Seventh Circuit has overturned five of 18 counts against former Illinois Governor Rod Blagojevich. While the government could pursue a third trial on the overturned counts, it is more likely that the former Governor will simply be re-sentenced on...
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*Final Update* Crash WB I84 at milepost 68
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 07/21/2015 6:55 p.m. Please direct questions to the District Office *****Final Update***** On July 21, 2015, at approximately 1:15 p.m., the Idaho State Police investigated a single vehicle fatality crash on Interstate 84 near milepost 68, east of Boise. A 16 yoa female, of Yakima, Washington, was driving westbound in a 2001 GMC Yukon. The vehicle hit the left guardrail, went over the top, rolled into the median, and down an embankment. Passenger, Kenneth Powers, 64, of Yakima, Washington, succumbed to his injuries at the scene of the crash. Linda Brown, 59, of Yakima, and one juvenile were transported by air ambulance, and two juveniles were transported via ground…
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