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Theft by Deception

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Numerous individuals are skilled enough with their words to make others believe anything they say; however if they use this skill of trickery and lies to cheat another person, they could face charges of theft by deception. Theft by deception According to Utah Code 76-6-405 : “A person commits theft [by deception] if the person […] The post Theft by Deception appeared first on Salt Lake Criminal Defense.

Howe on Public Defending

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Scott Howe (Chapman University, The Dale E. Fowler School of Law) has posted The Perilous Psychology of Public Defending (2015 Journal of the Professional Lawyer pp. 157-175) on SSRN. Here is the abstract: This article examining the ethical challenges confronting...

Shniderman & Solberg on Reducing Crime and Recidivism Through Cognitive Intervention

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Adam B. Shniderman and Lauren B. Solberg (Texas Christian University and University of Florida College of Medicine) have posted Cosmetic Psychopharmacology for Prisoners: Reducing Crime and Recidivism Through Cognitive Intervention (Neuroethics, December 2015, Volume 8, Issue 3, pp 315-326) on...

Safe Thanksgiving Travel Tips in New Hampshire

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If you’re a typical American, you would be one of those folks who are hosting or attending a Thanksgiving dinner in a few days. A Thanksgiving dinner is always a great opportunity to reunite with loved ones, most of whom you probably haven’t seen for a long time. It is a time of feasting on turkey, pumpkin pie, candied yams, cranberry sauce, and other traditional Thanksgiving fare. But did you know that one of the happiest American holidays is also one of the deadliest? In New Hampshire alone, there were more than 100 fatalities due to road accidents. This is partly due to road conditions during the season, as well as the general festive mood giving rise to increased alcohol intake and consequent mishaps by drunk drivers. Check Weather Reports Before Traveling Visitors to New Hampshire during Thanksgiving face less deadly but inconvenient situations, usually caused by weather conditions. Last year, some airlines had to divert, reschedule, or even cancel flights due…

"California narcotics detective arrested on bribery and drug charges"

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From Jurist: [JURIST] Narcotics detective Damacio Diaz of theBakersfield Police Department (BPD) [official website] in California wasarrested [press release] on Friday on charges[indictment, PDF] of bribery, drug trafficking, obstruction and filing false tax returns. The 16-count indictment, announced by US...

State Dept Issues World Wide Travel Alert

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The State Department has issued a world-wide travel alert for U.S. travelers. You can read it here. It expires in February. There's no mention of an imminent specific threat. And it's not just travel: U.S. citizens should exercise... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

"In France, Some See the Police Security Net as Too Harsh"

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From The New York Times: All over France, from Toulouse in the south to Paris and beyond, the police have been breaking down doors, conducting searches without warrants, aggressively questioning residents, hauling suspects to police stations and putting others under...

Zur Überzeugungsbildung des Tatrichters

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Der Bundesgerichtshof hat sich in zahlreichen Entscheidungen mit der Frage beschäftigt, wie sich der Tatrichter seine Überzeugung aus dem Inbegriff der Hauptverhandlung zu bilden hat und in welchem Umfang das Revisionsgericht diese Überzeugungsbildung überprüfen kann. Dies hat es der 2. Strafsenat nun noch einmal sehr prägnant zusammengefasst: Danach hat das Revisionsgericht die Beweiswürdigung des Tatrichters grundsätzlich hinzunehmen und sich auf die Prüfung zu beschränken, ob die Urteilsgründe Rechtsfehler enthalten. Das Ergebnis der Hauptverhandlung festzustellen und zu würdigen ist Sache des Tatrichters. Seine Schlussfolgerungen brauchen nicht zwingend zu sein; es genügt, dass sie möglich sind und der Tatrichter von ihrer Richtigkeit nach rechtsfehlerfreier Würdigung, die nicht widersprüchlich, lückenhaft oder unklar sein darf, überzeugt ist. Die zur richterlichen…

The Long Arc of the Accommodation Debate

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Samuel R. Bagenstos, The Unrelenting Libertarian Challenge to Public Accommodations Law, 66 Stanford L. Rev. 1205 (2014). Paul Horwitz Two frequent questions arise about the Jotwell project. Should we focus more on deserving articles that haven’t received much attention? And does liking an article “lots” preclude selecting articles one disagrees with? Today’s contribution does not do much to address the first concern. The article discussed here is by a well-known author, was well-published, and has already garnered attention—although less than it deserves, in my opinion. But this Jot does more or less meet the second criterion. Samuel Bagenstos’s excellent article, The Unrelenting Libertarian Challenge to Public Accommodations Law, has troubled me for a year now. Anyone seeking to elaborate, and in some cases defend and expand, the developments it describes and, I think, implicitly criticizes, must reckon with it. As this Jot argues,…

Princeton Without Wilson: To What End?

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Princeton University was as tied to Woodrow Wilson as a school could be.  Not only was Wilson the nation’s 28th President, but also the president of Princeton. As the school’s president in the early 20th century, Wilson initiated its expansion into a full-scale university. He lifted educational standards, created academic majors and introduced the small-group classes, often led by professors, known as precepts. And so, his name was on the wall there. To honor him, Princeton created the Woodrow Wilson School of Public and International Affairs — an elite institution within an elite institution — and a residential complex, Wilson College, where quotations from the revered leader have been displayed on a television screen in the dining hall. And lest there be any doubt, Wilson was also a racist.  Not in the slave-owning sense, like the founding fathers, but in the more banal sense. But until posters started appearing around campus in…

Marijuana Growers in Florida - The First Fab Five

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Marijuana Growers in Florida - The First Fab FiveFirst Fab Five ChosenFlorida marijuana growers took a big step - The State of Florida has announced the first five legal growers. They are established to cover five regions in the state. The closest growhouse to Tampa will be Knox Nursery in lovely Winter Garden where they have an  "[e]xpansive selection of flowers, vegetables, shrubbery & home landscaping essentials." Miami got a double-dose, when Costa Farms, a "sprawling family-owned nursery . . . of indoor [and] garden tropical plants." in Miami and Alpha Foliage in Homestead were chosen. These five may have an advantage, if the ballot measure to legalize weed passes the ballot. Here they are with a map: The Fabulous FiveAlpha FoliageChestnut Hill NurseryCosta FarmsHackney Nursery Co IncKnox Nursery Inc Alpha Foliage  Address: 27600 SW 217th Ave, Homestead, FL 33031Phone:(305) 245-2220Chestnut Hill Nursery  Address: 15105 NW…

DEA’s Chuck Rosenberg And Reefer Madness

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The 1936 propaganda movie, Reefer Madness, has since morphed into a cult favorite. If you somehow haven’t seen it, get some munchies and prepare to laugh. But acting head of the Drug Enforcement Administration, Chuck Rosenberg, still thinks it’s a documentary. “What really bothers me is the notion that marijuana is also medicinal — because it’s not,” Rosenberg said in a briefing to reporters. “We can have an intellectually honest debate about whether we should legalize something that is bad and dangerous, but don’t call it medicine — that is a joke.” The absurdity of Rosenberg’s assertion is striking, particularly in his suggestion that we can have an “intellectually honest debate” provided we ignore all medical evidence proving his head is deeply embedded in his ass. That marijuana has significant medical uses isn’t a matter of debate. Hell, heroin has medical uses as well, it being just…

Kennedy on Mental State Defences in Nineteenth Century Scotland

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Chloe Kennedy (University of Edinburgh - School of Law) has posted 'Ungovernable Feelings and Passions': Common Sense Philosophy and Mental State Defences in Nineteenth Century Scotland (Edinburgh Law Review volume 20(3), September 2016 (Forthcoming)) on SSRN. Here is the abstract:...

"Is Congress Ready to Back a New Crime Commission?"

Better To Be Lucky Than An Imposter

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Mark Bennett wrote about it. Keith Lee did too. Even Mirriam Seddiq had her say. The Imposter Syndrome. The impostor syndrome, sometimes called impostor phenomenon or fraud syndrome, is a psychological phenomenon in which people are unable to internalize their accomplishments. Despite external evidence of their competence, those with the syndrome remain convinced that they are frauds and do not deserve the success they have achieved. Proof of success is dismissed as luck, timing, or as a result of deceiving others into thinking they are more intelligent and competent than they believe themselves to be. Ah, how people love to come up with explanations for why they are better than what they feel they are. This is what comes of having too much time on their hands and indulging their inner Sunshine Superman.  As Bennett explained it: So much of what we criminal-defense lawyers achieve is objectively the result of luck—getting the…

Fining Parents Whose Kids Bully

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In response to the escalating rates of teen suicide, school shootings and cyber-bullying, Wisconsin has passed an ordinance imposing fines on parents of kids who bully. It’s not a criminal charge. Rather, it’s a civil ordinance which permits a fine of $124 against parents whose kids repeat bullying behavior after being warned of their conduct. The Wisconsin police chief said that he’s in favor of the new ordinance because it puts pressure on the parents, the ones whose job it is to raise the kids. He doesn’t believe it’s the teacher’s obligation to prevent kids from bullying. He explains that teachers’ energy should be limited to the challenging task of teaching our kids. The way that this ordinance will be enforced is as follows. First, police will identify those kids who have engaged in repeated bullying within a 90 day period. The parents will be notified and asked to work with law enforcement to correct the behavior. If…

Incarcerating Low Risk Juveniles Makes no Sense, Says National Council on Crime and Delinquency

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Jailing young people who pose a low risk to society is counterproductive and increases their risks of offending in the future, according to research from the National Council on Crime and Delinquency. Kathy Park, the Chief Executive Officer of NCCD, outlined her concerns that the juvenile justice system is letting down some young people in an op-ed on juvenile justice ... Read More The post Incarcerating Low Risk Juveniles Makes no Sense, Says National Council on Crime and Delinquency appeared first on .

N.C. Supreme Court upholds social networking ban for sex offenders

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J. Bradley Smith of Arnold & Smith, PLLC answers the question “Can I be arrested without evidence against me?”   In 2008, the North Carolina General Assembly passed a law making it a criminal offense for anyone previously convicted of a sexual offense to access a commercial social networking site that permits children to become members or to maintain personal web pages on the site.   North Carolina Attorney General Roy Cooper was one of the law’s strongest advocates. He argued that North Carolina needed a law preventing child sex crimes before they occurred.  He wanted a law that would work as a barrier to prevent sex offenders from going online to start with.   Two years after the law was passed, the Durham Police Department began an investigation to detect sex offenders illegally using commercial social networking sites.  Shortly thereafter, it found the Facebook profile of Lester Gerard Packingham, a man who had been convicted…

Yates Memo Hot Topic

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Sally Yate's new DOJ Memo has been a hot topic. (see here, here, here). Check out Sara Kropf's terrific entry here reporting and questioning the Yates Memo influence in a recent indictment of a corporate employee. But one wonders if...

One Year: Deadly Force From Missouri to Minnesota

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Protestors, activists, and community members listen to speeches at a candlelight vigil held for Jamar Clark on November 20 in Minneapolis, Minnesota. (Stephen Maturen/Getty Images) One year ago today, on the evening of November 24, 2014, I remember watching one of the most anticipated legal decisions since the O.J. Simpson verdict.  This was the night that St. Louis County prosecutor Bob McCulloch announced that Officer Darren Wilson would not be indicted for the shooting of Mr. Michael Brown. One year later, my thoughts are 550 miles away in Minneapolis, MN, dealing with another police shooting of an unarmed black man. As in Ferguson, the community is protesting the targeting of black lives and the shooting of Mr. Jamar Clark. Community members are being arrested for expressing their constitutional right to peacefully assemble while the victim is being demonized as a criminal without the opportunity to defend himself, and the officers protected from the scrutiny of the…
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