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Oliver proposes change to sex offender registry

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9-12-15 Missouri: BLOOMFIELD, MO. -- It was 26 years ago that 11 year-old Jacob Wetterling was abducted. And, although Wetterling's body has never been found, his disappearance led to the establishment of the first federal law regarding registration of sex offenders. Stoddard County Prosecuting Attorney Russ Oliver said that officials at both the state and county levels do a good job of

Resources on DNA mixtures

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Following up on Grits' post about problems with DNA mixture interpretation in criminal cases, I ran across a resource page from the National Institute of Standards and Technology on the topic. Anyone interested in the issue should check it out.Also, on page 4 of this public defender newsletter out of New York there's a discussion of DNA mixture issues as they're arisen in that state, particularly focused on some of the software used. The newsletter also mentioned a Brooklyn case where a judge refused to allow certain DNA-related techniques to come into court as evidence. In particular: the court found that "evidence based on low copy number (LCN) or high sensitivity analysis of DNA mixtures and results from the New York City Office of the Chief Medical Examiner’s Forensic Statistical Tool (FST) about those mixtures are not generally accepted in the relevant scientific community."These resources show the DNA mixture issue has been brewing for a…

Saturday College Football Open Thread

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Tough first week - I stand at 7-9 (-5 units) ATS. Today I turn it around. The picks (in bold): Wake Forest vs. @ Syracuse -4; Army +7 vs @ Connecticut; Houston vs @ Louisville -13; Temple +7 vs @ Cincinnati; Fresno State vs @ Mississippi -30(3... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Saturday College Football Open Thread

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Tough first week - I stand at 7-9 (-5 units) ATS. Today I turn it around. The picks (in bold): Wake Forest vs. @ Syracuse -4; Army +7 vs @ Connecticut; Houston vs @ Louisville -13; Temple +7 vs @ Cincinnati; Fresno State vs @ Mississippi -30(3... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Police: DUI Arrest Defendant Attempted to Bribe Officers With Oral Sex

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Nobody wants to get arrested for drunk driving. Obviously, nobody wants to get involved in drunk driving car accident, but as we can see from the many anti-drunk driving billboards and commercials around the country, most prospective drunk driving drivers fear being arrested more than they do being in an alcohol-related car accident. For this reason, many people will do or say almost anything to avoid being arrested for drunk driving. While many will pray as the officer sits in his or her car and runs the suspect’s driving record, it seems some people will go even further to avoid getting arrested for drunk driving. According to a recent news article from Huffington Post, one female DUI suspect allegedly offered oral sex to the police and “other things” if they would release her without charging her with DUI. According the police report, which has been posted online, the 24-year-old suspect was pulled over around 3 a.m. in Pinellas County, Florida on suspicion…

"Punitive Compensation"

Federal judge finds unconstitutional Missouri's operation of its sex-offender civil commitment program

Halloween Parties, Social Host Liability and Teenagers

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Tiny in Halloween costume, 1983, photo by Mary Ellen Mark (digital image courtesy of Getty’s Open Content Program) Halloween is coming up, a time for costumes and fun. Many of us will either be chaperoning children as they trick or trick door to door, or handing out candy to trick or treaters. It’s also a time of parties, which is where the legal term social host liability comes into play. Social host liability refers to a person’s criminal and civil responsibility for furnishing liquor to guests. Social Host Laws States approach social hosting liabilities in the following areas: No liabilities on social hosts Limited liability to injuries that occur on the host’s premises Liability to injuries that occur anywhere a guest who has consumed alcohol goes afterward. In addition, many states have increasingly stringent laws about adults furnishing alcohol to minors. Be a Parent, Not a Pal Parents sometimes provide…

UT prof: Expand treatment court sentencing methods to all offenses

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UT-Austin sociology professor William Kelly had a column Sept. 10th in the SA Express-News arguing for drug-court style sentencing plans for a much wider swath of offenders. For every offender, he argued, not just the select few who end up in treatment courts:Effective sentencing should be collaborative, involving a variety of relevant experts in assessment and sentencing decisions. Judges are lawyers, trained in criminal jurisprudence, charged with assuring due process. They are not trained in the complexities of human behavior. Judges should collaborate with experts from a variety of disciplines as appropriate — psychologists, addiction specialists, neuroscientists, psychiatrists and vocational, occupational and educational specialists — to develop a supervision and intervention plan.Kelly foresees a judicial system where, "The judge oversees a process that involves a team of experts engaging in problem-solving, setting expectations, compiling…

Weekend reading

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Just to clear my browser tabs on topics Grits won't have time to write about this weekend, check out items on these subject:Bite marksHalting habeasPlummeting private prisonsBody cameras IBody cameras II License plate readersDPS v Bland familyDPS Gang Assessment

Triple Fatality Crash Southbound US95 at MP 448

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT ONE CASE # C15001911 --------------------- PRESS RELEASE ----------------------------- DATE: September 12th,2015 TIME: 3:49 AM LOCATION: Southbound US95 at MP 448 ASSISTING AGENCIES: Idaho Transportation Department, Kootenai County Sheriff's Office VEHICLE #1 ------------- DRIVER Turner, Ryan J AGE 27 ADDRESS Hayden,Idaho INJURIES? - Yes HOSPITAL/LOCATION TAKEN ? Kootenai Medical Center VEHICLE YEAR 2011 VEHICLE MAKE Chevy VEHICLE MODEL Silverado WRECKER Dave Smith…

Ban the Box | Ex-Felons and Employment

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“Ban the Box” is seeking for ex-felons to have the right to be employed. This is argued to be one of the most helpful ways to keep them from going back to prison. In fact, when authorities talk about unemployment among convicted ex-felons, they also allude to recidivism. Recidivism is the act of a person committing the same crime again. It is directly proportional to the unemployment cases among those who have been in prison. Get A Job The answer is clear: For those who were sentenced to jail, find yourself a job and contribute to the good of society. However, it is not as easy as it seems. An ex-felon has hurdles that other job applicants with no criminal records don’t have. This is where the “Ban The Box” cry comes in. Whether Guilty or Not Guilty In America, more than 70 million have landed on the list of people who have violated the law, but not every one of them has been convicted. Many in the list were just arrested for having been implicated…

WARNING SIGNS FOR JUDGES & ATTORNEYS – Ten Habits of Chronically Unhappy People (15-17)

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WE ALL WORK IN A HYPER-COMPETITIVE, STRESS FILLED ENVIRONMENT: The practice of law can be demanding and exceedingly stressful. Put an ordinary individual (which includes even the most well balanced and well-adjusted judge or lawyer) in a hyper-competitive, stress filled, emotional, high stakes environment such as the law, and you have the formula for a psychological crisis. According to an often-cited Johns Hopkins University study of more than 100 occupations, researchers found that lawyers lead the nation with the highest incidence of depression and unhappiness. TEN (10) TRAITS & HABITS EVERY JUDGE & ATTORNEY SHOULD LOOK OUT FOR:   Although there are many legal professionals that are truly happy, most of us bounce back and forth between happiness and unhappiness depending on the day. According to Psychology Today, there are ten traits and habits that chronically unhappy people have mastered. However, it is important to remember, we all have bad days,…

Underincarceration Kills

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We are often lectured that our country overincarcerates.  But there's depressing and vivid evidence that the problem is underincarceration.Specifically, Washington Post columnist Colber I. King, discussing "DC's summer of blood," notes this:Police Chief Cathy L. Lanier's take on the current crime spree is that murder victims and suspects have in common previous run-ins with the law. Twenty-one of the homicide arrestees, she reported, were under supervision pending trial or on probation or parole at the time of the crime. Twenty-six of the murder victims were under court supervision. Ten individuals involved in homicides this year had previous homicide charges but were back on the streets. Six homicide victims had prior murder charges, she said. And almost half, or 45 percent, of the homicide arrestees had prior gun-related arrests.As you might expect, the news doesn't get any better when we turn our attention to the city's juvenile…

Bowers on Plea Bargaining's Baselines

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Josh Bowers (University of Virginia School of Law) has posted Plea Bargaining's Baselines (William & Mary Law Review, Forthcoming) on SSRN. Here is the abstract: In this symposium essay, I examine the Court’s unwillingness to take seriously the issue of...

Is the death penalty on "life support" or about to have a quickened pulse?

How Much Visitation Does a Father Get?

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There’s a common stereotype that divorce courts are predisposed toward granting mothers child custody. This leads many divorcing fathers to feel nervous about getting to spend time with their children. While custody disputes are nerve-wracking for any parent, Utah residents can rest assured that state laws generally guarantee a minimum amount of visitation time for non-custodial parents, or parents who aren’t awarded sole legal or physical custody. Minimum Parent-Time Schedules for Divorced Parents in Utah Child custody arrangements are not uniform. On the contrary, each family’s unique circumstances must be evaluated on a case-by-case basis. In situations where the parents cannot agree on their own custody plan, it falls to the court to determine an appropriate arrangement as befits the child’s best interests. This means the judge will consider factors such as: Whether either parent has a criminal record. Whether either parent has any severe physical or…

Keine Ermittlungen gegen Til Schweiger

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Den Beweis dafür, dass Presseberichte über laufende Verfahren nicht jeder Journalist Praktikant schreiben kann, hat die Qualitätspresse aus dem Hause Burda („Fakten, Fakten, Fakten“) einmal mehr sehr eindrucksvoll erbracht. Unter der Überschrift „Nach Anzeige wegen Volksverhetzung: Staatsanwaltschaft stellt Ermittlungen gegen Til Schweiger ein“ ist zu lesen: Wegen seinen Äußerungen über die Proteste vor dem Flüchtlingsheim in Freital hatte eine Privatperson Anzeige gegen Til Schweiger erstattet. Die Staatsanwaltschaft hatte anschließend Ermittlungen gegen den Schauspieler aufgenommen. Die Kölner Staatsanwaltschaft nimmt keine Ermittlungen gegen den Schauspieler Til Schweiger wegen seiner Äußerungen in einer Talkshow auf. Ja, was denn nun – wird sich der geneigte Leser fragen. Was uns der „Focus“ eigentlich sagen wollte: Die Ermittlungen wurden wegen § 152 Abs. 2…

Circumstantial Evidence in West Virginia Criminal Cases – State v. Breckenridge

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West Virginia criminal cases often involve two types of evidence:  direct and circumstantial. As its name suggests, direct evidence is the kind that proves a fact directly and by itself. Camera footage of Mr. Smith robbing a liquor store is direct evidence that Mr. Smith robbed the liquor store. Circumstantial evidence doesn’t directly prove the fact in question. Instead, it proves other facts from which a judge or jury may infer the fact in question. A witness testifying that she saw Mr. Smith walk out of the liquor store with a gun in one hand and a big wad of cash in the other may be circumstantial evidence in the case against him. A criminal conviction can be based on either direct or circumstantial evidence. Just ask the state Supreme Court, which recently upheld a conviction based almost entirely on circumstantial proof. Mr. Breckenridge and Mr. Cook were indicted in 2004 on one count of conspiracy to commit a felony, one count of breaking and…

America's Legal Order Begins to Fray

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Heather MacDonald has this op-ed in the WSJ, subtitled "Amid the escalation of violent crime are signs of a breakdown of basic respect for law enforcement."After two decades of the most remarkable crime drop in U.S. history, law enforcement has come to this: "I'm deliberately not getting involved in things I would have in the 1990s and 2000s," an emergency-services officer in New York City tells me. "I won't get out of my car for a reasonable-suspicion stop; I will if there's a violent felony committed in my presence." A virulent antipolice campaign over the past year--initially fueled by a since-discredited narrative about a police shooting in Ferguson, Mo.--has made police officers reluctant to do their jobs. The Black Lives Matter movement proclaims that the police are a lethal threat to blacks and that the criminal-justice system is pervaded by racial bias. The media amplify that message on an almost daily basis.…
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