Dara Lind at Vox gives up one of those delightful “good news, bad news” posts on what the numbers show about federal sentencing post Booker. There’s good news and bad news about sentences in federal prison. The good news: Prison sentences are getting shorter. The bad news: Black defendants are still getting longer sentences than white ones for the same crimes — and the racial gap is actually growing. That’s the conclusion of a new study conducted for the Bureau of Justice Statistics, based on data from 2005 — after a Supreme Court decision gave judges more flexibility in sentencing — through 2012. But it’s certainly not the first study to find that even when the criminal-justice system as a whole is getting more lenient, that leniency varies depending on the race of the defendant. And it’s a big challenge for criminal justice reformers — who end up caught in a terrible double bind. To get the simplistic answer out…
Short And Ugly: Sentencing Still Isn’t Simple
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Jacksonville Ordinance Addresses Holiday Sex Offender Issues
The Jacksonville city council, in February, approved changes to a city ordinance that addressed issues of registered sex offenders and holiday celebration. The purpose of the ordinance is to protect the public. The idea is the same as the registration requirement for convicted sex offenders; putting the public on notice and allowing sex offenders to be identified. Failing to register is a crime on its own, and the new changes to Jacksonville’s ordinance have created the possibility of further criminal prosecution for certain actions. According to FirstCoastNews.com, the changes to Jacksonville’s ordinance were aimed at closing loopholes sex offenders were using to get around certain prohibitions related to holiday celebration. For instance, the previous version of the ordinance would not allow sex offenders to wear masks for Halloween. The law did not address the issue of face paint, so registered sex offenders were using…
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Director of National Intelligence, James Clapper, Replies to Amnesty International USA Board of Directors
James Clapper, U.S. Director of National Intelligence (Photo: Win McNamee/Getty Images) By Ann Burroughs and Pratap Chatterjee, Members of AIUSA Board of Directors James Clapper, U.S. Director of National Intelligence, sent a reply to a letter from the Amnesty International USA (AIUSA) Board of Directors asking the Obama administration to conduct a review of U.S. signals intelligence practices that threaten the human rights of millions of people worldwide. Our letter was written in the wake of whistleblower Edward Snowden’s revelations of the existence of the mass surveillance programs carried out by the U.S government. Notably, we expressed concern over the risk that the possible sharing of raw global communications data with other countries could create for the lives of human rights dissidents and those who are forced to hide their sexual orientation, political ideals, or religious inclinations for fear of repression. These are the people on whose behalf Amnesty works,…
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Using a Expert in a Medical Marijuana Necessity Defense Case in Florida
I recently had the privilege of talking with Dr. Stephen Blythe, D.O., a Board-Certified Family Physician about the Maine Medical Marijuana Program (MMMP). His experience with patients in a state where medical marijuana has been approved will help educate judges and juries throughout Florida. For criminal defense attorneys interesting in having Dr. Blythe review their case you can contact him at sblythe@tds.net. His fax number is 877-220-0488. His training and experience make him particularly suited to help criminal defense attorneys who have clients that possessed marijuana because of a medical necessity.In most cases, the medical necessity defense is a defense asserted at trial. Therefore, having an expert testify about the medical necessity of the marijuana use is critical. Read more about Florida's necessity defense as it related to the possession, use, or cultivation of marijuana for medical purposes. Dr. Stephen Blythe recently returned to Melbourne, Florida,…
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[VIDEO] Why Hire a Lawyer if Jail is a Threat?
Because you never know what can happen in court. Find out more and contact me about your case. Video Transcription Why should you hire a lawyer if it looks like you may get jail anyway? Hello. I’m Andrew Flusche and I’m your Virginia Traffic Attorney. I get this question when I talk to people sometimes and I tell them that they’re facing the real likelihood of some actual jail time. Sometimes people ask, “Well, why should I hire a lawyer then?” The answer is precisely because there are no guarantees in court. That’s why you hire a lawyer. Even though it’s a case where it looks like when we’re talking on the phone, it looks like you may be looking at the real likelihood of jail, you never know what outcomes may be possible when the rubber meets the road at court. In some cases there is a strong likelihood of jail. For example if you’re charged with a blood alcohol content with a DUI of .15 or higher, you’re looking…
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Is the Sentencing Reductions Bill "Popular"?
Roll Call has this headline today: "Popular Criminal Justice Bill Poses Political Risk."The headline is partly correct for reasons the story mostly fairly reports: There is to say the least no guarantee that the thousands of criminals who will be released early under this bill will not create more harm when they get out. When this happens, the risk is that electorate might want some accountability from Congress. (Accountability is usually touted by liberals as a good thing, but not so much in this context. Here, it has turned into the return of Willie Hortonism, as the story makes clear).But the first word in the story's headline is questionable at best. Who says this bill is "popular?" And with whom is it popular?I'm sure it's popular with the serious criminals now serving sentences who will benefit from it. I'm sure it's popular with George Soros and others on the far Left. But is it…
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AND THEN A HERO COMES ALONG
Smothered in cheese.....At the REGJB, Miami's Finest Food truck saves the day.Site Feed
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Innocence work here, there and yon
Big day for my employers at the Innocence Project of Texas today:Prosecutor faces interrogation over BradyIn Dallas, IPOT board chairman Gary Udashen questioned a former prosecutor accused of withholding Brady material in the 1999 murder convictions of Dennis Allen and Stanley Mozee (Mr. Allen is an IPOT client; Mr. Mozee is represented by the national Innocence Project). After prosecutors and the trial judge recommended relief, the Texas Court of Criminal Appeals ordered the trial court to put the prosecutor on the stand and ask him why he failed to turn over evidence of deals with jailhouse informants. That's what happened today.DNA mixture notification snafuThis afternoon, IPOT's legal director Mike Ware attended a Forensic Science Commission work group discussing notification and indigent defense challenges related to defendants convicted based on erroneous DNA mixture protocols. (See prior Grits coverage.)Exoneration Commission: What issues might it investigate?…
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Halloween Safety Tips to Share with Your Trick-or-Treaters
Halloween is a favorite holiday for many young children. While Halloween can be an exciting holiday, it can also be dangerous. When trick-or-treating or preparing for the evening with your kids, make sure you share these Halloween safety tips provided by Bucks County car crash lawyers Saile & Saile.Choose Costumes that Enhance VisibilityFor many children, picking out the perfect costume is the best part of this October holiday. When assisting your young one in the costume-picking process, try to encourage a costume that enhances his or her visibility: the brighter, the better.Costumes that are bright in color or that use lights are best, and will help to make sure that you—and others, such as drivers—can see your child on Halloween night. In addition to a costume that’s nice and bright, also make sure your child is equipped with a flashlight when trick-or-treating and try to avoid masks, which can impair vision.Check Candy Prior to EatingWhile your kid may…
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Nunn on Due Process and Naked Statistical Evidence
Alex Nunn has posted The Incompatibility of Due Process and Naked Statistical Evidence (Vanderbilt Law Review, Vol. 68, No. 5, 2015) on SSRN. Here is the abstract: Numerous articles and commentaries have grappled with an undeniable feeling of injustice that...
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The Risk of Elderly Drivers
According to the Centers for Disease Control and Prevention, there are roughly 40 million elderly drivers in the United States and they are at a higher risk of getting wounded or injuring someone else in a vehicle crash the older they get. Fragile bodies of elderly drivers Elderly drivers are at risk of injury every […] The post The Risk of Elderly Drivers appeared first on Salt Lake Criminal Defense.
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Crash I-15 at Milepost 70
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: 10/26/15 5:45 PM Please direct questions to the District Office Idaho State Police is currently investigating a crash northbound Interstate 15 at milepost 70.2, in Pocatello. The right lane of travel is blocked at this time. BJ / HS -------------
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George on Sodomy Decriminalization
Marie-Amelie George has posted The Harmless Psychopath: Legal Debates Promoting the Decriminalization of Sodomy in the United States (24 J. Hist. Sexuality 225 (2015)) on SSRN. Here is the abstract: Sexual psychopath statutes, under which courts committed individuals charged with...
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"Florida death row inmate requests electric chair"
From Jurist: A spokesperson for the Florida Department of Corrections on Thursday said that a death row inmate has requested death by electrocution for the first time in nearly twenty years. The inmate, Wayne Doty, was sentenced [Tampa Bay Times...
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**Update** Crash I-15 at Milepost 70
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: 10/26/15 7:15 PM Please direct questions to the District Office Upadate: ----------------- At this time, all lanes are open and traffic is flowing. More information will be relayed as it becomes available. EH/HS Original release: ----------------- Idaho State Police is currently investigating a crash northbound Interstate 15 at milepost 70.2, in Pocatello. The right lane of travel is blocked at this time. BJ / HS -------------
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"Video Shows Officer Flipping Student in South Carolina, Prompting Inquiry"
The New York Times has the story and the video: The authorities in South Carolina are investigating a confrontation in which a white school police officer in Columbia is seen in a video flipping a black female high school student...
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**Final Update** Crash I-15 at Milepost 70
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: 10/26/15 9:25 PM Please direct questions to the District Office Final Update: ----------------- Shortly after 5:00 p.m. today, October 26, 2015, the Idaho State Police investigated a crash on I15 near milepost 70, approximately one mile before the Pocatello Creek exit. Anthony Farnsworth, age 26 or Pocatello, was driving north in a Dodge Stealth when he changed lanes in front of Aric Duncan, age 24 of Ellensburg, WA, who was also northbound in a Subaru Outback. In doing so, Farnsworth lost control of his vehicle. He continued to the right, where he struck a Toyota Sienna driven by Jennifer Mariani, age 45, of Pocatello. Farnsworth's vehicle continued to the right shoulder…
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Utah Sex Offender Prison Population Grows under Harsher Laws while Treatment Programs Lag
10-27-15 Utah: Utah Sex Offender Prison Population Grows under Harsher Laws while Treatment Programs Lag Fueled by the notion “once a predator, always a predator,” harsher laws have flooded Utah state prisons with sex offenders sentenced to longer and longer prison terms, while funding for sex offender treatment programs has remained static. The dilemma has state lawmakers in a bind, caught
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What We Like
Annie Brett & A. Michael Froomkin Jotwell began on October 27, 2008 with the goal of identifying new and interesting legal scholarship. Over the past seven years, Jotwell has recruited more than 300 Section and Contributing Editors who are leading academics (or in a few cases leading practitioners) and asked them each to write a short essay once a year identifying one of the best examples of recent scholarship relating to the law in their respective fields. This year, we wanted to reflect on where Jotwell is, and attempt to measure how well it is achieving its goals. Jotwell has two objectives. On the one hand, we wanted to provide a service for persons who are not trying to be expert in a particular sub-field of law but still would like to keep up with the major developments in it. Given the proliferation of law reviews,1 and the resulting evolution away from having a few top journals act as the gatekeepers for high-quality scholarship,2 it is increasingly difficult for…
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Marijuana Crimes: Can the Police Merely Allege a Public Location or Public View without Giving More Detail as to the Location of an Incident
Not necessarily relevant to every criminal offense found in the New York Penal Law, many arrests and crimes stem from what the police see in public or plain view. Whether officers with the NYPD or other local police agency stop your car and see a knife inside the vehicle from their vantage point or you’re walking down the street with a marijuana in your hand, the location of your criminal possession of cocaine, marijuana, or a firearm is often relevant not merely to the legality of your stop, arrest and search, but the crime itself. The following case involving an arrest for Fifth Degree Marijuana Possession, NY PL 221.10, is an example of this element and how a criminal complaint against you must be drafted in order to survive (or not survive) a motion to dismiss by your criminal defense attorney. In People v. Walters, 2013-558 RI CR, NYLJ 1202739865818, at *1 (App. Tm., 2nd, Decided September 17, 2015), prosecutors charged that defendant with marijuana related crimes…
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More Pages to Explore .....
