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With GOP debate in California and CNN seeking a real debate, should we expect a question on marijuana reform?

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The question in the title of this post is prompted in part by this notable new Washington Post piece, headlined "As California considers looser marijuana laws, Paul calls out Christie." Here are excerpts: The 15 leading Republican candidates for president have arrived in California just as the state closes in...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/R3Hn67S2jAc" height="1" width="1" alt=""/>

Hoping (again) to hear criminal justice reform discussion during tonight's GOP debate

Quincy Police Find Red Sox World Series Ring in Tuesday Drug Raid

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Quincy Police officers have stated that they found a stolen 2004 Red Sox World Series Championship ring during a raid on a prescription pill operating ring on Tuesday. Responding officers also seized a large amount of drugs and money during the raid at the home located on 97 Hall Place in Quincy. A resident of the home on Hall Place, Dennis Leclair, was arrested by Quincy Police officers following the raid. He is currently being charged with a slew of crimes, some of which include: subsequent-offense distribution of oxycodone, subsequent-offense possession of oxycodone with intent to distribute, conspiracy to violate drugs laws and receiving stolen property worth more than $250. Leclair will face arraignment for these charges on Wednesday. It was not immediately clear if he had retained an attorney prior to his arraignment. In addition to the arrest made to Dennis Leclair, Quincy Police officers also arrested two individuals directly connected to the prescription pill ring that…

Why Maine's Bail Code Fails The Most Vulnerable of Our Society

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In a couple of recent blog posts, we discussed both the basics of bail, and how to post it in Maine. In those posts, we discussed that bail is money you can give to the court, to assure it that you'll show up for your upcoming court dates. You can post this money in a variety of ways, from paying cash up front, in order to get out of prison immediately, to offering to add a mortgage on your house in Maine. If you're not present at one of your required court appearances, then the bail money could be revoked. Bail can be a handy system to avoid having to sit in jail in the days or months leading up to your trial. However, it's a system that can only be accessed by those with the money or other means to pay for it. For many people, who have low wage jobs or who have had trouble finding regular employment, if they get arrested, the cost of bail is far beyond what they can manage. While wealthier people can post the money needed to meet bail and obtain their release…

Temporary Stay Issued for Richard Glossip

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The Tulsa World reports that the Oklahoma Court of Criminal Appeals issued a stay of execution for two weeks for Richard Glossip. “Due to Glossip’s last-minute filing, and in order for this court to give fair consideration to the materials included with his subsequent application for post-conviction relief, we hereby grant an emergency stay of execution for two weeks,” the court’s order said, according to Tulsa World. His new execution date has been set for September 30, 2015. 

Europäischer Datenschutzbeauftragter veröffentlicht „Opinion 4/2015 - Towards a New Digital Ethics“

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Der Europäische Datenschutzbeauftragte (EDSB) veröffentlichte am 11.09.2015 seine neuste Stellungnahme "Hin zu einer neuen digitalen Ethik: Daten, Würde und Technologie" („Opinion 4/2015 - Towards a New Digital Ethics - Data, Dignity and Technology“).Danach wird der EDSB in Kürze ein „external Ethics Board“ einrichten, um die ethischen Auswirkungen bei der Definition und Bearbeitung von Personendaten in einer durch Big Data und künstlicher Intelligenz "getriebenen Welt" besser beurteilen zu können. Konkret soll das „external Ethics Board“ dazu beitragen, „New Digital Ethics“ zu definieren.Ferner hält der EDSB in seiner Stellungnahme fest, dass die Einhaltung gesetzlicher Vorgaben nicht ausreiche. Zusätzlich müssen ethische Aspekte bei der Datenbearbeitung berücksichtigt werden.Weiter beleuchtet der EDSB ausgewählte Technologietrends (Big Data, Cloud…

Cunneen & Godson on Restorative Justice

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Chris Cunneen and Barry Goldson (University of New South Wales (UNSW) - Faculty of Arts and Social Sciences and Faculty of Law and University of Liverpool - Criminology and Social Policy) have posted Restorative Justice? A Critical Analysis (In: B...

Final Update - Crash on I15 near 68

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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: Wednesday September 16, 2015 1:23 PM Please direct questions to the District Office Final Update: --------------------- At approximately 9:40 AM this morning, September 16, 2015, the Idaho State Police investigated an injury crash southbound on I15 at milepost 68, between the South 5th and Clark Street exits. A juvenile male who had been involved in incidents earlier this morning with the Fort Hall Police Department and the Bannock County Sheriff's Office was traveling north on I15 near milepost 68 in a Nissan Frontier. The vehicle left the roadway on the left shoulder and overturned in the median, coming to rest on its top in the southbound lane. The male was transported…

News Scan

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Glossip Granted Stay:  An Oklahoma appeals court has granted an emergency two-week stay of execution for a death row inmate to allow judges time to consider his last-minute appeal that new evidence supports his claim that he was framed.  CBS News reports that 52-year-old Richard Eugene Glossip received a death sentence for ordering the 1997 fatal beating of Barry Van Treese, the owner of the motel where Glossip worked.  His first sentence in 1998 was overturned due to ineffective legal counsel, and he was retried and sentenced again in 2004.  His current appeal claims that a fellow inmate of Justin Sneed, the prosecution's key witness in Glossip's trial who received a life sentence in exchange for his testimony, said in an affidavit that he heard Sneed say that Glossip didn't do anything.  Earlier this year Glossip and two other murderers lost a U.S. Supreme Court case claiming that the state's three-drug execution protocol violated…

Tonight at 9pm: Inside the Mind of a Sex Offender

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9-16-15 Arkansas: LITTLE ROCK, Ark. -- Fox16 Investigates continues in a year-long investigation we began in July 2014 with an exclusive interview to delve inside the mind of a sex offender. Our initial investigations led to immediate changes in the sex offender registry and expanded information the public is able to learn about high-risk sex offenders who might move in next door. In July 2014,

Extending Probation After Expiration

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If a judge extends a defendant’s probation after probation has already expired, when does the extension begin? Under G.S. 15A-1344(f), a trial court may act on a probation violation even after the defendant’s probation has expired, so long as the probation officer filed the probation violation report before expiration. Before 2008, a judge’s only options at a violation hearing held after expiration were to revoke probation or to let the case end without sanction. For probation violation hearings held on or after December 1, 2008, the law was amended to expand the judge’s authority in after-expiration hearings, allowing him or her to extend, modify, or revoke. S.L. 2008-129. The authority to extend probation after it has already expired is a little strange. It allows the court to breathe new life into a previously expired case, returning a defendant to supervision when supervision has already ended once. (A probationer is not on probation during the…

What Are “Romeo and Juliet Laws”?

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“Romeo and Juliet” Laws in Texas In Texas, laws that deal with the issue of sexual relationships between young people are sometimes referred to as “Romeo and Juliet” laws. They are known by this title because, just like in the famous Shakespeare play, young couples who are in a consensual relationship may get into big trouble. Some of the laws prohibiting sexual contact between legal adults and minors may sometimes cause consenting couples to unintentionally break the law. For example, before the passage of these laws, a couple that consisted of an 18-year-old and a 15-year-old who engaged in consensual sex could cause charges to be filed against the older partner. After the introduction of the “Romeo and Juliet” laws in 2007, that began to change. The Role of Consent In all states, the age of consent plays a big role in the prosecution of sexual assault cases. Although the age varies in certain states, it is generally considered to the age…

Former police Captain faces criminal charges for sexual assault

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Allegations of sexual assault or abuse are usually handled quite seriously, and for good reason. While protecting victims is an important aspect of pursuing these types of criminal charges, the defendant must also be protected from unfair judgment and wrongful accusations by the public and media. For instance, a Georgia official who was recently arrested for alleged sexual misconduct is still entitled to his rights, including the presumption of innocence according to the law. The former police Captain retired in May 2015 when the first allegations of sexual harassment surfaced. An internal investigation into the accusations apparently prompted his decision to retire. When the Georgia Bureau of Investigation took over the case, other women apparently made similar claims of sexual harassment against the former Captain. Some of the women who made these accusations were his direct subordinates. An arrest warrant was apparently issued by the GBI, and the 27-year veteran…

Top 5 Junky Forensic 'Sciences,' or, 'Why are forensics under fire now?'

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It's been said that any field with the word "science" appended to its name is "guaranteed thereby not to be a science." With few exceptions, most forensic sciences fall into that category.There are a few hard sciences like toxicology and DNA. But even DNA has subjective elements, we're learning, when lab analysts interpret DNA mixtures.I've found myself explaining to several different folk recently why so many forensic disciplines all of a sudden find themselves questioned, so thought I'd share that spiel with readers. The debate really took hold after 2009, when the National Academy of Sciences issued a major report titled "Strengthening Forensic Science: A Path Forward." That expert review called into question numerous forensic disciplines in a fundamental way, particularly undermining the scientific credentials of comparative forensic disciplines from fingerprints to tool marks.Of the comparative forensics - where somebody…

Drivers Attempt to Evade DUI Charges

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When it comes to DUI arrests, many drivers would like to avoid the consequences of their actions. Facing charges of DUI in Los Angeles, they may try to flee the scene (usually unsuccessfully) or find some alternate explanation for a crash. Take the case of 38-year-old Tyrone Walker, who lives in Kodiak, Alaska. He called police on a Sunday evening not long ago to report that thieves had taken his car. But just about that time, police officers also received a report of a vehicle hitting a power pole. Not so coincidentally, the accident took place on the street where Walker lived. Although Walker probably thought he had been very clever, it didn’t take police long to determine that his Ford pickup hadn’t been stolen, and that Walker himself had made up the story after crashing the vehicle. When police showed up at Walker’s, they quickly figured out that he had been the one driving, and that he had allegedly been feeling the effects of excessive alcohol…

Second Republican Debate: CNN

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There's a Republican debate on tonight on CNN. Is anyone watching? Here's a place for your thoughts on it. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Wednesday Night Open Thread

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Our last open thread is just about full. I put up a thread for tonight's Republican debate. Here's a thread for all other topics, your choice. For those of you who "forgot" our comment rules in my absence last week, it's time to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Were Briefs Better in the 40s-60s? If So, Why?

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Today, I attended a continuing legal education seminar featuring Ross Guberman. Ross is the author of Point Made: How to Write Like the Nation’s Top Advocates. When his book first came out, I briefly reviewed it and interviewed Ross here on the blog. I have enjoyed Ross’s book immensely and have used it as a reference over the last few years. I could write many blog posts on the points that Ross covered today. However, it was a minor point that intrigued me the most. Ross believes that briefs today are not as good as they were in the 40s, 50s, 60s, and 70s. Why is that so? Ross said that briefs were better when lawyers dictated their work rather than sitting at the keyboard and writing. When lawyers dictated, the product was conversational and direct. When lawyers sit behind the keyboard, our work tends to be less conversational and more cumbersome. I believe that Ross is on to something. I have been on the fence about using Dragon Dictate, the Mac version…

Like and Unlike - Sandy and the Notorious RBG

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I like to call it "The Case I Almost Won in the Supreme Court.""Almost won" is, of course, an awful lot like lost, except maybe it sounds better.  Sigh.Here's what happened.  No votes to grant cert, which made sense.  The issue had been resolved by the Supremes decades earlier except that Ohio didn't get the memo.  And really, it wasn't (anymore) the least bit controversial.  Not even in Ohio where there was no controversy since it was as if it had never happened. It wasn't a death penalty case.  Millions weren't at stake.  The republic wasn't in any particular peril from a rogue Ohio court.   My client had been convicted of a low level drug offense and sentenced to some 6 months in the hoosegow.  Why would anyone down in D.C. call for full briefing and oral argument?  Hell, I wouldn't have.But Justice Breyer figured that since this was the 2001 and the issue had been…

The One Thing Jeb! Knows

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"You know what?  As it relates to my brother, there is one thing I know for sure, he kept us safe."  So said Jeb! in response to a quip from Donald Trump about his brother's disastrous administration at the GOP debate.  The audience at the Ronald Reagan Presidential Library, predictably, applauded.  In another mind-numbing experience in which none of the demonstrably false and often bat shit crazy responses by the candidates remained unchallenged (and were often met with cheers), Jeb!'s retort stood out as one of the more remarkably outrageous statements.His brother kept us safe? Maybe he means his brother Neil.  Because everyone except the foil helmet crowd that comprises the Fox News demographic knows about George W.'s safety record.  He didn't keep safe the nearly 3000 people who perished in the terrorist attacks of 9/11/01, having, among countless failures, blown off classified briefings from U.S. intelligence…
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