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Frau nach erfundener Vergewaltigung wegen Vortäuschens einer Straftat angeklagt

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Der Fall hatte im letzten Jahr bundesweit für Schlagzeilen gesorgt: Eine damals 22-jährige Auszubildende hatte bei der Polizei detailreich geschildert, sie sei von drei Männern in Regensburg verschleppt und vergewaltigt worden. Danach habe man sie nackt aus dem Auto geworfen. Sechs Wochen fahndete die Kriminalpolizei erfolglos mit hohem Personaleinsatz und Phantombildern nach dem vermeintlichen Vergewaltiger und seinen Komplizen. Gegen drei Männer, die kurzzeitig ins Visier der Polizei geraten waren, ließ sich der Tatverdacht nicht erhärten. Anfang September stand dann für die Polizei und Staatsanwaltschaft fest: Die Vergewaltigung war frei erfunden, die Motive der Frau blieben allerdings im Dunkeln. Auch wenn Fragen offen bleiben: Die Vergewaltigung war frei erfunden // Foto: Lutz Stallknecht / pixelio.de Woher stammten die erheblichen Verletzungen? Schon früh hatten sich in der Schilderung der Frau zum Tathergang wohl…

What is a Theorist For? The Recruitment of Users into Online Governance

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Kate Crawford & Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, New Media & Society (2014), available at SSRN. Rebecca Tushnet The problem of handling harassing and discriminatory online speech, as well as other forms of unpleasant and unlawful content—infringing, privacy-invading, or otherwise tortious—has been a matter for public discussion pretty much since people noticed that there were non-governmental intermediaries involved in the process. From revenge porn to videos of terrorist executions to men kissing each other to women’s pubic hair, controversies routinely erupt over whether intermediaries are suppressing too much speech, or not enough. “Flagging” offensive content is now an option offered to users across many popular online platforms, from Facebook to Tumblr to Pinterest to FanFiction.net. Flagging allows sites to outsource the job of policing offensive content (however…

The Compromise Version of Your Rights

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A quick (and incomplete) list of things that secure due process for an accused: Being informed of the charges against the accused Being informed of the factual basis for the accusations in language that is clearly defined and comprehensible Being given written statements of allegations of witnesses Being given written statements of allegations of witnesses sufficiently in advance of a hearing to investigate and prepare Being capable of obtaining evidence in defense of the accusations Being informed of evidence that disproves the accusations Being informed of evidence that undermines the credibility of the accuser Being given access to all relevant and material evidence, without regard to how that evidence makes the accuser feel Being allowed to have competent counsel Being given competent counsel if one cannot afford to retain counsel Being allowed to have counsel fully participate in all proceedings Being allowed to confront one’s accuser Being allowed to…

Border Patrol Agents Arrest Convicted Sex Offender Illegally Entering U.S.

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A TRUMP fence would have stopped these. Right? :2-10-15 and 3-3-15 and 4-3-15 and 4-10-15 and 4-21-15 and 6-23-15 and 8-14-15 US Border: U.S. Border Patrol agents in Southern California arrested a convicted sex offender Thursday as he tried to illegally enter the United States near the Calexico port of entry. U.S. Customs and Border Protection (CBP) officials said Jose Adrian Sanchez-Martinez

From Out of the Macabre Muck - UPDATE

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And so, it seems, Dr. Petit won't get his revenge.  Steven Hayes and Joshua Komisarjevsky won't be killed by the decent people of the State of Connecticut for the horrific invasion of the good doctor's home, the mother raped and strangled, the girls, 11 and 17, killed in a scorching blaze after gasoline was poured on them.  (And those are just the highlights.)Hayes and Komisarjevsky were among the 11 men left on Connecticut's death row after the legislature repealed the death penalty in 2012.  Prospectively only.  They'd have done it sooner, but put it off so Dr. Petit could have his way and Komisarjevsky could be sentenced to die.  But they did it.But what to do with those 11?  Republicans made a point of it during legislative debate.  Peter Applebome in the Times from back then.Republican critics of the bill said the exemption for those currently awaiting execution cast a cloud over the vote, both because it…

"Abusive Sexual Conduct," the Guilty Plea and Monitoring Software

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After Emil Rath “pled guilty in 2014 to abusive sexual contact with a minor who has not attained the age of twelve years in violation of 18 U.S. Code § 2244(a)(1) and (c)”, he appealed the U.S. District Court Judge’s imposing “conditions of supervised release prohibiting [him] from accessing `any computer that is capable of internet access’ and requiring him to `consent to [the] installation of monitoring software on any computer to which [he] has access.’”  U.S. v. Rath, 2015 WL 3559160 (U.S.Court of Appeals for the 5th Circuit 2015). You can, if you are interested, read a news story and a press release on the case here and here. The Court of Appeals begins its opinion by explaining how these charges arose and by reviewing similar, earlier allegations that had been made against Rath:The stipulated factual basis for Rath's guilty plea provided as follows.Rath became acquainted with the victim and her…

Fyi: A New Conference

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I recently received an email from Micheal O Floinn, who is a lecturer in Cyber Security Law at the University of Southampton - Highfield Campus. The conference is entitled Enrolling Internet Intermediaries in the Law Enforcement Process:  Challenges and Opportunities and it will be held on September 17-18 at the University of Southampton.The conference announcement and summary, which you can find here, explains that it focuses on bringing together "researchers, legal practitioners, members of law enforcement, industry actors and digital rights advocates to debate key issues concerning the role of internet intermediaries in the law enforcement process."If you have any questions about the conference, you can email Micheal Floinn at this address:  maof2v12@soton.ac.uk

In Ohio, "State prisons chief calls for softened hearts"


News Roundup

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It’s a bird, it’s a plane . . . no, it’s a drone over the skies of North Carolina.  And soon it may be operated by law enforcement.  The News and Observer reports that the General Assembly is poised to enact S 446, which flew through the House yesterday and has been returned to the […]

Cops, The Next Sad Victims of “Lived Experiences”

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The cool thing about “lived experiences” is that they’re undeniable.  You see, you don’t have to prove them, with nasty stuff like facts or reason. They just are. They’re the feelings a person has about their own perceptions of their own experiences. Only a hater would deny someone’s lived experiences. If you doubt that, ask any special snowflake on any college campus. Between sobs and calling you a hater, they’ll explain. Well, actually they won’t, because the very question is so traumatizing that they will be totally unable to speak until they’ve been comforted in a safe space. Ah yes, lived experiences. So if it works so well for these fragile teacups, why not a cop?  Remember this protector and server? Medford Police Officer Stephen LeBert seems like such a tough guy as he screams at a driver who made a wrong turn onto a rotary.  In case you’re not from Massachusetts or New Jersey, a rotary is a…

Have You Been Wrongly Identified in a Lineup?

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Eyewitness identification is incredibly unreliable, yet can be a determining factor in a jury finding someone guilty at trial. In a study of 525 wrongful convictions, the Innocence Project found that 73% of those wrongfully convicted (235), were found guilty due to incorrect eyewitness identification. If you are being charged with a crime, it is best to consult an experienced criminal defense attorney immediately, and especially before standing or having your photograph presented in a lineup. Wrongful Identifications in Illinois Illinois alone has released more than 20 wrongfully convicted criminals since 1993.  Thankfully, Illinois is taking steps in attempts to cure this issue.  A recent legal change is a step in the right direction.  Illinois has a new statute governing lineup procedures, 725 ILCS 5/107A-2.  This statute is an attempt to remove human influence from tainting the lineup procedures, by requiring the use of either an independent…

Ohio AG Sues Loan Modification Companies

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Mortgage Fraud Blog. The Ohio Attorney General brought a lawsuit against the operators of a California-based loan modification scheme accused of taking thousands of dollars from Ohioans while falsely promising to help them avoid foreclosure. The post Ohio AG Sues Loan Modification Companies appeared first on Mortgage Fraud Blog.

St. Johns County firefighter arrested on DUI charges

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A St. Johns County firefighter was arrested for DUI after a domestic call led to police spotting him speeding with a young child in the backseat.  Police were initially called to a gas station about 1:20 a.m. after someone said a woman was being beaten inside a car, according to a report in the Florida Times-Union. When police talked to the woman, she said she wasn’t beaten, but did say the man was drunk and left with their 4-year-old child in the backseat, the newspaper reported. Another officer then spotted the driver going almost 70 mph in a 45 mph zone, the newspaper reported. The driver told police he has been drinking and made a mistake by driving, but was trying to leave a domestic situation. He was charged with DUI with a person under the age of 18 in the vehicle. The charge is a first-degree misdemeanor, just like a traditional DUI, but there are some sentencing standards that increase because there was a child in the car. Instead of a maximum of six months…

Reingold & Gostin on Sexual Assaults Among University Students

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Rebecca Reingold and Lawrence O. Gostin (Georgetown University - The O'Neill Institute for National and Global Health Law and Georgetown University - Law Center - O'Neill Institute for National and Global Health Law) have posted Sexual Assaults Among University Students:...

Suspect in Weekend Shooting Death in Grand Rapids Held on Open Murder Charge

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On Sunday, August 9, 24-year-old Antonio Lee Albert and 34-year-old Jason Jordan were reportedly in the backseat of a car in Southeast Grand Rapids when an argument began. According to news reports, Albert exited the vehicle, walked around to the other side, then shot at Jordan three to four time, striking him twice in the head. The vehicle the two were riding in was stopped at a red light in the vicinity of Franklin Street SE and Eastern Avenue as the driver of the car was waiting for the light to turn green. The shooting took place at approximately 7 a.m. Albert then walked away from the scene, however the driver of the vehicle took the victim to a local hospital, where he died just a short time after his arrival. For several days police were asking for the public’s help in finding Albert; on Thursday he turned himself in. The driver of the car and others who were in the vehicle identified Albert as the man who shot Jordan. News reports state Albert is charged with one…

ATTORNEY SAM DISCUSSES HIGH PROFILE CRIMINAL CASES, FIVE MURDERS, GOOD FORTUNE AND YOU (pt2 of 2)

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Okay, Sam, you have told us that there is a lot of pressure on the Police Department and other authorities to solve the problem of the multiple shootings from the other night. What what opportunities are you talking about? does that have to do with me? Well, let’s start with what I have referred to as “good” opportunities. We have many times discussed the fact that, often, when law-enforcement is trying to build a case, it accepts the word of those who, just the day before, it probably would have preferred see behind bars for the rest of his or her natural life. Sometimes to a ridiculous extent. But I digress. Too often, an unsolved high profile case, especially when it underscores an area where there might be public outcry can become a ticket to new negotiations for certain folks in trouble with the law. You might be surprised at how many with matters pending, or presently serving time, suddenly discover they have important “information” that…

//blawgsearch75.rssing.com/chan-6519914/article13597-live.html

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United States v. Boitano, No. 14-10139 (8-12-15)(Christen with Schroeder and Ikuta). To convict of making a false statement in a tax return in violation of 26 U.S.C. § 7206(1), the return must be filed with the IRS. That is, the return is sent to the IRS who receives it and deems it filed.  Such a filing is an element under circuit precedent. Here, the defendant gave false statements on tax returns to an IRS agent.  The IRS agent suspected fraud and launched the investigation that lead to the convictions. However, because the returns were not filed with the IRS, an element was missing. The gov’t argued on appeal that filing is not required as an element; making a false statement under perjury is enough. The 9th rejects the argument.  Under precedent (Hanson), filing is an element. The convictions are reversed. United States v. Cook, No. 13-10233 (8-13-15)(Nguyen with Clifton and Rakoff, Sr. D.J.)  The 9th affirms the denial of a motion to…

AP Story Demonstrates Weak Claims Against Hillary On E-mails

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In an AP Story sourced by Intelligence Community officials, the extreme weakness of the claims against Hillary Clinton are well explained. AP writes: The two emails on Hillary Rodham Clinton's private server that an auditor deemed "top secret"... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Dispatch from Ferguson: One Year Later and The Work Ahead

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As we tick past the one-year anniversary of Mike Brown’s death, we find ourselves in the midst of yet another state of emergency in St. Louis, protestors again lining the streets of West Florissant Avenue, and seemingly a new name added every day to the list of people -mostly people of color- killed at the hands of police. I’m seeing this all from a room in St. Louis, and I can’t help but wonder: Why am I here? Has progress been made or is history repeating itself? Last year, following Brown’s death and the heavy-handed police response to peaceful protestors and journalists in St. Louis, AIUSA deployed an observer delegation to Ferguson, to monitor the policing of protests. AIUSA deployed a similar delegation in the days before and after it was announced in November that a St. Louis grand jury would not indict Darren Wilson for Brown’s death, as well as a delegation to Baltimore in the wake of protests following the death of Freddie Gray in police…

Lucky To Be Alive – Despite Paraguay’s Restrictive Abortion Laws

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Jandira Queiroz, activism and mobilization advisor at AI Brazil at the Paraguayan consulate, Rio de Janeiro, delivering signatures for pregnant 10-year-old girs case. (Photo Credit: Anistia Internacional Brasil) By Erika Guevara-Rosas, Americas Director at Amnesty International It was a situation almost too heart-wrenching to comprehend. In April this year came the news from Paraguay that “Mainumby” (not her real name) then a 10-year-old girl, had become pregnant after she was repeatedly raped, allegedly by her stepfather. The girl had been taken to hospital several times in a four-month-period before the pregnancy was discovered. After finding out the horrific news, Mainumby’s mother, whose legal complaint against her daughter’s abuser had fallen on deaf ears, made a request to the authorities to allow her daughter to have an abortion. But the government refused it, and instead moved the girl into a home for young mothers. The reason? Paraguay, like…
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