in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 339 Big Data and Tax Haven Secrecy Arthur J. Cockfield Queen's University - Faculty of Law Date posted to database: 6 Oct 2015...
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New Canadian Prime Minister orders key Cabinet officials to work toward marijuana legalization
As reported in this post a few weeks ago, the big winner in the Canadian national election was the Justin Trudeau, who became Canada's new Prime Minister after leading his Liberal Party to a majority government win. As noted before, this was big news for marijuana reform fans because the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/dnK9rBj_ke8" height="1" width="1" alt=""/>
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5 Things You Should Know About the Colorado Sex Offender Registry
11-16-15 Colorado: Whether it’s due to media, urban legends, or word-of-mouth, many fail to realize the real impact that a sex offense conviction will have on their life. Even after your criminal sentence is served, conviction for a sex offense can continue to have a devastating impact on your life in many unforeseeable ways. Though technically not part of your criminal punishment, sex offender
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One More Reason to Support the Death Penalty
Jimmy Carter Calls For Death Penalty Abolition.Long ago, I was asked what my advice would be for the then-incoming Reagan Administration. My answer was simple: Figure out what Jimmy Carter would have done, and do the opposite.
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Q: What Concerns the Left When Considering the Death Penalty?
A: What the killer makes of his time on death row.That is not an exaggeration. This article goes into painful length about what killer Richard Glossip feels about being held in a cell near the execution chamber ("It is torture beyond what anybody can believe."). Not one word is said about the feelings of his victim. Indeed the victim's name (Barry Van Treese) is never even mentioned.As I said in an earlier post, abolitionism has become a moral sickness.
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Epilogue to "The Guy With the Knife": Jon Buice was granted parole. Again.
In a timely epilogue to the screening last week of “The Guy With the Knife” at the LBJ School of Public Affairs, news comes today that the subject of the film, Jon Buice, was just granted parole after 24 years in prison. Buice was convicted of murder in the high-profile case involving banker Paul Broussard in Houston. The 1991 crime involved an apparent gay-bashing by a group of 10 youth from The Woodlands, and mobilized the Houston gay community to advocate for equal rights and for investigation and prosecution of this crime.While on the surface, the case against the 17-year old Buice seemed cut-and-dry, and the outrage about the gay-bashing seemed fully justified, a closer analysis of the case revealed that the realities of the crime and its aftermath were far murkier. In fact, some prominent members of Houston’s LGBT community, including Ray Hill (the producer of The Prison Show and the original proponent of the “gay bashing” theory of the…
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Protective Sweep found Unconstitutional by Massachusetts Appeals Court
Search and Seizure that occur in the home are subject to the highest scrutiny by the Court. The case of Commonwealth v. Colon addresses whether a protective sweep complies with the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. What happened in the Colon Case? Officers arrived at the home of Robert Colon and knocked on the door, waiting for the defendant to open it. Upon opening the door, the officers identified a “strong odor” of fresh marijuana. This prompted the officers to handcuff the defendant and preform a protective sweep of his apartment. A protective sweep a search done when there is a reasonable belief based on “specific and articulable facts that the area could harbor a dangerous individual”. The Commonwealth contended that the reason that the police preformed this protective sweep was because the defendant had a prior violent felony, which was the illegal possession of a firearm. The Appeals…
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A Holy Grail for Pluralist Theory?
Ronen Perry, Pluralistic Legal Theories: In Search of a Common Denominator, 90 Tul. L. Rev. ___ (forthcoming 2015), available at SSRN. Sheila Scheuerman Can pluralistic legal theories be unified around a common framework? That’s the tantalizing question that Ronen Perry tackles in his recent essay. Perry is searching for a holy grail—a unifying principle for all pluralistic theories of law. Even if the holy grail does not exist, the quest itself proves interesting and worthy of consideration. Modern tort theorists have advanced at least three rationales for the tort system: deterrence, individualized justice, and compensation. Under a deterrence-economic perspective, the goal of the tort system is to prevent accidents in an efficient manner. On the other hand, an individualized justice theorist views the tort system as a way to remedy a wrong caused by one to another. Finally, under a compensation or distributive justice theory, tort law’s goal is to…
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Want To Make A Quick $100 Billion? One Word: Plastic
Imagine if there was a medium of exchange where it was quick and easy for the consumer, no risk of fraud or loss to the merchant, and no third party sticking its finger in the middle to pull out a few points for doing nothing? If only someone could come up with such a thing. Maybe they could call it, I dunno, cash? From the New York Times: “That is the crux of the matter,” said David Robertson, publisher of The Nilson Report, a payments industry publication. “The real savings is not about fraud, the real savings is about interchange.” Last year, merchants paid about $61 billion in interchange fees, Mr. Robertson said, compared with about $30 billion in fraud losses. Let’s pull out the old Texas Instruments calculator: $61 billion, plus $30, and all of a sudden you’re talking real money. The second, smaller number, is what gets lost to fraud, which is sold to the public as if it’s just a bunch of banks being really…
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“Got A Warrant?” Asked The Dead Man
The Harnett County Sheriff’s office finally explained as much as they were going to explain for the time being: According to authorities, “a confrontation with an individual resulted in a shooting.” The person involved in the confrontation was pronounced dead at the scene, while the deputy received minor injuries. That’s code for “one of our guys shot and killed” some poor sucker. And they added this: Harnett County Sheriff’s Deputy Nicholas Kehagias was involved in the shooting incident, according to Maj. Jeff Huber. Kehagias has been employed as a deputy sheriff since July 2013 and is currently assigned to the patrol division. That’s code for Kehagias was the killer. But they didn’t have much to say about how Deputy “Involved” ended up in a “shooting incident.” Clayton Carroll, the roommate of John Livingston, who might best be described as the person into whom a bullet was fired, was…
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MAGISTRATE PETER PALERMO HAS PASSED AWAY
Judge Palermo has passed away. Both of our Brethren South Florida Blogs covered the death of Federal Magistrate Peter Palermo at 97, but the nod goes to DOM who has the newspaper article announcing Palermo's appointment to the newly created position as federal magistrate. Judge Palermo was one of the two first federal magistrates in the Southern District. We didn't know that. And as both blogs point out, he was a gentleman, a wise judge, a WWII hero, and a wonderful and caring man and a pillar of our community. He was truly one of the greatest generation. YOU'RE IN...YOU'RE OUT.Well, here's a big problem that we're happy the legislature is working on. Florida House Bill 9 will make it a 1st degree felony, punishable up to 30 years in prison and $10,000 in fines, to “knowingly be” in the state of Florida after being issued an order of deportation. Rumpole wonders, why just a 1st…
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Four South Florida Residents Plead Guilty to Synthetic Drug Conspiracy Charges
A recent example of enforcement of these new laws is a case involving Saiful Hossain, who worked in his father’s grocery store in Hillsborough County. In 2012, the business was selling the synthetic drug openly before new laws were enacted banning a list of the chemicals used to manufacture the synthetic drug known as Spice. According to federal documents, on November 7 of last year, Vero Beach resident Ahmed Maher Elhelw was arrested when federal agents discovered a three kilogram package of XLR-11, a controlled substance chemical used in the manufacture of SSC (smokable synthetic cannabinoids) in his possession. The chemical was one of many that were banned by the new law implemented in 2012. Subsequent investigation uncovered approximately seven more packages, containing equal amounts. The chemical that was imported into the Vero Beach area originating in China had a projected street value of more than $5.4 million. Elhelw was the first of four South Florida residents…
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Fitting follow-up to cursory Dem debate comments about criminal justice
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"Aging in Prison: Reducing Elder Incarceration and Promoting Public Safety"
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The Most Devastating Result of the Paris Attacks
Some might believe that the darkest outcome of the Paris attacks is the choking grief and irremediable loss of the families of the dead. Others would say the lifelong disfigurement of survivors. Some would say the end of the notion that civilized life is assured. Still others will say the stain of sadness that has settled into one of the world's greatest and (formerly) most festive cities.Yet others would say this: "Paris Attacks Could Hamper Muslim Plaintiffs in NYPD Suit."You read that right. The story begins:In a civil rights suit over the New York City Police Department's surveillance of New Jersey Muslims, the Nov. 13 terrorist attacks in Paris could make it harder for the plaintiffs to get a fair trial, according to some involved in the case, as well as some outside observers.For those who need translation (probably not that many given how far "journalism" has decayed), let me help. "A fair trial" =…
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Seven-Car Accident in Stoughton Proves Fatal
According to a recent news report from ABC Boston, one man died in seven-car accident, which occurred early one Sunday morning in Stoughton. Massachusetts State Police troopers were first called to the scene of the deadly accident in response to a report that a pedestrian was hit by car. While it is still very early in their investigation, a spokesperson for the Massachusetts State Police said an older Acura was driving north on Route 24 when it crashed for a reason that is not yet know to authorities. As the car crashed, an occupant of the Acura was thrown clear of the vehicle and then was hit or run over by six cars in a row. The victim was 21 years of age at the time of this fatal traffic crash, and he was from Brockton, just south of Boston. When police arrived at the scene, they suspected the driver of the Acura might be intoxicated and performed a series of standardized field sobriety tests and asked driver a number of questions. At the end of their interactions with…
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St Louis Traffic Ticket Attorney: Why Is A Driving While Suspended Ticket Such A Big Deal?
ONLY $185 FOR MOST ST LOUIS DRIVING WHILE SUSPENDED TICKETS Mainly because a St Louis driving while suspended is not a regular traffic ticket. Rather, it is a Class A Misdemeanor. This type of charge comes with a maximum penalty of up to one (1) year in jail and a $1,000 fine. So yes, it is a very big deal. Not only is the potential sentence steep, there is also the number of points that come with such a charge. If you were to plead guilty to this kind of ticket, the state of Missouri will assess twelve (12) points to your permanent driving record. “Points” are like little red flags that make it appear as if you are a bad driver. When you have points on your record, the car insurance company you use will jack your monthly rates up through the roof. So how do you deal with a Driving While Suspended or Revoked ticket in Missouri? The first order of business will be to determine why your license was suspended in the first place. There are several different reasons for…
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Police Accuse 11 Teens and an Adult of Involvement in Organized Crime in Texas
Organized crimes are treated very seriously by the authorities, particularly when crimes of theft may involve violence. However, impressionable teens can sometimes be drawn into a life of crime due to peer pressure, poor parenting, economic factors or a range of other reasons. Recently, the Houston Chronicle reported on how 11 teenagers and a 21-year-old were accused of taking part ... Read More The post Police Accuse 11 Teens and an Adult of Involvement in Organized Crime in Texas appeared first on .
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Sankoff on The Duffy Trial
Peter Sankoff (University of Alberta - Faculty of Law) has posted Still the Worst $90,000 Ever Spent: Ten More Questions About Mike Duffy, Nigel Wright, the Criminal Code and the Canadian Criminal Justice System on SSRN. Here is the abstract:...
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OVI Charge Reduced To Reckless Operation For Delaware County Woman
A woman from Delaware County was charged with an OVI. With two prior OVI’s on her record, she was facing anywhere from a minimum of 60 days to a maximum of one year in jail. With these serious consequences looming over her, the woman turned to experienced Luftman, Heck & Associates DUI attorney Daniel Sabol. [...]The post OVI Charge Reduced To Reckless Operation For Delaware County Woman appeared first on Columbus Criminal Attorney.
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