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Futrell on Discriminatory Policing

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Nicole Smith Futrell (CUNY School of Law) has posted Vulnerable Not Voiceless: Outsider Narrative in Advocacy Against Discriminatory Policing (North Carolina Law Review, Vol. 93, No. 5, 2015) on SSRN. Here is the abstract: Activists and lawyers advocating for those...

Fighting Your Stamford Connecticut Alive at Five Arrest

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The summer in Stamford Connecticut is coming to a close, and with this comes the conclusion of the Stamford Alive at Five concert series. As always, the concerts and block parties have been a blast—well-organized and a real bright spot for our city.   Thousands of concertgoers, teenagers, and area residents converge upon downtown Stamford to attend the concerts, dine out, and have a few cocktails. And with the large crowds always comes a few arrests at Alive at Five in Stamford Connecticut for Breach of Peace, Disorderly Conduct and Interference with a Police Officer. The last concert this past week was no different, ending with only about 10 arrests for a concert that had at least 10,000 attendees. So what do you do if you are arrested at the Alive at Five Concert in Stamford Connecticut? Do you have to tell your parents? Can you get your Stamford Connecticut Alive at Five arrest for Disorderly Conduct dismissed quickly? Good chance you can—keep reading…

95% Error Rate

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They call themselves criminalists or forensic scientists or something with a fancy name.  They come into court explaining that they've done these tests hundreds of times.  There are, they say, a whole bunch of points of comparison.  And when they find a match, they can point to those points.  You probably can't see those things certainly not without the forensic scientist pointing them out.  That's because you haven't been properly trained.  Had you been, just like those forensic scientists, you could see them.  And like those forensic scientists, you'd know.  Because, as they like to say on the witness stand, they're never wrong.Except, of course, they are.  Nearly 20 years ago, Fred Whitehurst blew the whistle on FBI's flawed, and sometimes dishonest, forensic work.  The Inspector General issued a scathing report.  The Department of Justice promised to review everything, opening case…

Selbstleseverfahren, Band 123

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Auch im „Sommerloch“: Diesmal ein (kurzer) Wochenrückblick im Selbstleseverfahren Foto: PlaceIt.net Was Strafjustiz mit Kindererziehung zu tun hat Ein Abgrund von Landesverrat Interview mit Heinrich Schmitz: „Im Moment bin ich verstummt“ Staatsanwalt bedauert scharfe Worte Silk Road: Illegaler Drogenhandel im Internet floriert Die kuriosesten Zettel, die in Berlin aushängen Müssen Ermittlungsrichter Zeugen qualifizierter belehren? Niemand anwesend?, ok, dann verwerfe ich eben nach 2 Minuten … Der Aufnahme in juristischen Vorbereitungsdienst unwürdig — Hinweis: Wir haben unsere Feed-Adresse aktualisiert: http://www.strafakte.de/feed/ Bitte aktualisieren Sie die Adresse demnächst in Ihrem Feed-Reader, um sicherzustellen, dass Sie auch weiterhin den Feed erhalten. © Strafakte.de: Twitter — Facebook — Google + | Impressum Der Eintrag Selbstleseverfahren, Band 123 erschien im Original:…

Crash Blocks Interstate 84 East of the Boise Port of Entry

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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: 08/16/2015 at 4:41 a.m. Please direct questions to the District Office Idaho State Police is currently investigating a crash eastbound Interstate 84 at milepost 68, east of the East Boise Port of Entry. Both of the eastbound lanes of travel are blocked at this time. More information will be released as it becomes available. KJ / SM -------------

The Slippery Slope Into Charnesia Corley’s Vagina

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There was moral outrage aplenty as Charnesia Corley was subjected to being digitally penetrated by a Harris County deputy.  Had it been anyone else, a bunch of letters would have been saved by calling it rape, but even though it was  nonconsensual and there was assuredly penetration of a vagina, it was not rape. The deputy was otherwise authorized by law to probe. The search, this time, was for marijuana.  After a routine traffic stop for allegedly running a stop sign, a deputy smelled pot. It’s unclear whether it was burned or fresh, but he smelled it. And he knows what pot smells like from “his training and experience,” as is uttered in every suppression hearing. It smells “pungent.” Not poignant, though that will do too. And that is probable cause.  There is no way to capture proof of a smell. It can’t be bottled, tagged and brought into court. But a cop smelling pot is good enough to search a car, because the…

Theory, Practice and Dead Bodies

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At Popehat, Ken White eviscerates a conceptually bankrupt justification for the “shoot first” mentality of law enforcement promoted at the Blaze.  A Birmingham cop was cold-cocked and pistol-whipped at a traffic stop. Afterward, he explained: “A lot of officers are being too cautious because of what’s going on in the media,” said the officer, who asked to remain anonymous for the safety of his family. “I hesitated because I didn’t want to be in the media like I am right now.” As Ken emphasizes, he didn’t exercise restraint because he lacked a factual basis to take pre-emptive action, but because he didn’t want to be the next cop excoriated in the media for needlessly harming an unarmed person.  Then advocates of police safety took up the cause. Police Chief A.C. Roper sees the episode — as well as the reaction, including celebratory and vitriolic comments posted online alongside images of the wounded…

Nick Pinto Shows Why Bail Sucks

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Even though I twitted about this story a few days ago, the New York Times Sunday Magazine officially comes out on Sunday, so I waited for now to write. Read Nick Pinto’s cover story called The Bail Trap.  We’re in must read territory for anyone who thinks they have a clue how it happens and what it means to be that guy standing in front of a judge, who is about to fix bail. What Pinto manages to do is capture the stench of arraignments.  The smell of excrement in lockup.  The sight of a defendant through wire mesh.  The only thing he misses is the bad breath of a guy who hasn’t brushed his teeth in at least 24 hours, whose only meal was a slice of American cheese on white bread, and not the good stuff made of real milk. Or when you try to make good use of the few minutes you have to speak with your client before being yanked out of the back because the judge needs you, but are interrupted by some guy yelling, “yo, yo, you a…

*Update* - Crash Blocks Interstate 84 East of the Boise Port of Entry

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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: 08/16/2015 at 7:10 a.m. Please direct questions to the District Office ****Update**** Both eastbound lanes of travel have been reopened to traffic. LS / SG ************** Idaho State Police is currently investigating a crash eastbound Interstate 84 at milepost 68, east of the East Boise Port of Entry. Both of the eastbound lanes of travel are blocked at this time. More information will be released as it becomes available. KJ / SM -------------

New York Times magazine highlights link between bail and pleas

Case o' The Week: No CYA for INA & COP -- Rodriguez-Vega and Padilla Immigration Advisements for Guilty Pleas

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   The Rule Against Perpetuities, we are warned, is a trap for the unwary.  But the R.A.P. is child’s play, compared to the I.N.A..United States v. Rodriguez-Vega, No. 13-56415 (9thCir. Aug. 14, 2015), decision available here.Players:Decision by Judge Reinhardt, joined by Judges Fernandez and Clifton. Big win for A.F.D. Doug Keller, Federal Defenders of San Diego, Inc.  Facts: Born in Mexico, Rodriguez-Vega came to the United States and became an LPR at 13. Id. In her twenties she was charged with felony Attempted Transportation of Illegal Aliens and Aiding and Abetting. Id. She plead guilty to misdemeanor charges, with a plea agreement that warned that the convictions “may” have immigration consequences. Id. at 5-6. At the plea colloquy, defense counsel stated that there was a “high probability” that Rodriguez-Vega would be deported, and that the conviction was “probably” considered an agg felony for purposes…

Lots of important (and challenging) questions raised at The Crime Report

Highlighting how and why the Deep South is warming up to marijuana reform

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This lengthy new article, headlined "Medical marijuana laws taking root across the South," provides an effective review of marijuana reform developments in a number of southern US states. The piece merits a full read, and here are a few excerpts: She lives in the wooden house her grandfather built more...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/lRwMAJ5kDLg" height="1" width="1" alt=""/>

Injury Crash In Caribou County

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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: 8/16/2015 11:20 a.m. Please direct questions to the District Office On Sunday, August 16, 2015, at 6:22 a.m., the Idaho State Police investigated a one-vehicle rollover in Caribou County. Gavan Smith, age 21, of Soda Springs, was driving southbound on Government Dam Road in a 2007 Pontiac G6 approaching the intersection for China Cap Road. Approximately two miles north of the intersection, Smith lost control and the vehicle rolled. Smith and his two passengers were not wearing seatbelts; the passengers were ejected and unknown if Smith was ejected at this time. The passengers, Tyler Fetzer, age 20, and Damian Henderson, age 21, both of Soda Springs, were taken by ground…

"Sex Offenders Locked Up on a Hunch"


Is the DOL Hearing included in the DUI Attorney fee?

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Yes. Most DUI attorney's will include the Department of Licensing (DOL) Administrative Hearing in the DUI fee. That said, you should always ask your DUI attorney to see whether it is included. (or look at your DUI fee agreement)

Why do I always have to sign a speedy trial waiver at Court?

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A speedy trial waiver is usually required to get a continuance (postponement) of the Court hearing to another date. This is very standard procedure. Put simply, in Washington State you have to be brought to Trial within 90 days of...

Catching up on criminal-justice reform news

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Having just returned from a much-needed and oft-interrupted two-week vacation, your correspondent today spent a little time perusing the news I've missed while I've been focused elsewhere. Here are a few highlights which caught my eye and may interest Grits readers:Ana Correa of the Texas Criminal Justice Coalition has taken a job as criminal justice program officer at the Public Welfare Foundation and will be moving to Washington D.C. in the fall. The Houston Chronicle published a somewhat hagiographic announcement praising Grits' long-time ally and some-time employer.The Forensic Science Commission on Friday agreed to take up a complaint by the national Innocence Project challenging the use of bite mark evidence in criminal cases, reported the Dallas News' new Austin bureau chief, Brandi Grissom. I'd rather see Rio Grande Valley officials battling corruption as opposed to "perceptions of corruption." Stop the corruption and perceptions will…

DWI Recidivism Rates Are High In MN Despite Harsh Penalties

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Drivers who have previously been convicted of driving while intoxicated (DWI) frequently re-offend. The threat of stiffer penalties, including mandatory jail time, license loss, vehicle forfeiture, and other non-criminal sanctions appear to have very little deterrent effect. Drivers with previous DWI convictions must be aware of the increased penalties for subsequent offenses and avoid driving while intoxicated with prior qualifying offenses. The recidivism rate for DWI is high in Minnesota. A 2013 report analyzing DWI statistics in Minnesota issued by the director of Minnesota’s Office of Traffic Safety concluded that … [Read more...] The post DWI Recidivism Rates Are High In MN Despite Harsh Penalties appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

A Flawed System

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The United States of America has fallen victim to a flawed legal system which threatens to destroy our very society. Forget gay marriage. Forget abortion. Forget elections. The biggest threat to the future of the United States comes from judges run amok. I really — really — started this post with the idea of writing about Joseph Rakofsky. Frankly, however, someone beat me to it and the best I can do is to use my blog to, in essence, “retweet” his post. Seriously, if you’re an attorney thinking of using the Internet to market yourself, you have to read that post. If you’re a client, thinking of hiring an attorney you found on the Internet, you have to read that post. So go read that post. Unfortunately, the very second I completed the first sentence of this post, I knew it was going to be the post that continues the conversation with Jeff Gamso. As Jeff himself admits, While I’m not quite as sure as you’ve become…
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