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HRW urges Pak to restore death penalty moratorium

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Source: The Siasat Daily (17 December 2015)http://www.siasat.com/news/hrw-urges-pak-restore-death-penalty-moratorium-887119/New York: Pakistan's government should immediately halt executions, reinstate the moratorium on the death penalty, and move toward abolition, Human Rights Watch said today in a joint letter with Amnesty International to Prime Minister Nawaz Sharif.In the year since the country's six-year moratorium on executions was lifted, Pakistan has carried out more than 300 executions. Those executed include child offenders, defendants who received blatantly unfair trials, and, most recently, individuals tried in secret by military courts with no civilian oversight."Over the past year with the moratorium lifted, the Pakistani government has sent hundreds to the gallows with cruel disregard for the rights of those put to death," said Brad Adams, Asia director at Human Rights Watch."The government urgently needs to find a better way to address…

Symposium on Police, Jails and Vulnerable People

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The tragic death of Sandra Bland put a human face on the troubles lurking within the "pretrial" stage of criminal justice--policing and the decision to effectuate a custodial arrest, the bail decision, jail safety and the impact of incarceration on the mentally ill. The profound sadness and frustration over her death has galvanized legislative hearings and more are planned. By all accounts, the next legislative session promises to bring some important criminal justice reform. For a preview of some of the most pressing issues, a group of academics, including yours truly and another Grits writer, Michele Deitch, have organized a major symposium called, "Police, Jails, and Vulnerable People: New Strategies for Confronting Today's Challenges."The program, to be held at the University of Houston on January 22nd, was a joint effort by the UH Law Center and the UT at Austin's LBJ School of Public Affairs. Remarkably, the event also draws on support from…

Former Suffolk County Police Chief at Helm of Corruption

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The Westchester Criminal lawyers with offices in the White Plains and midtown New York City are all too familiar with incidents involving police officers using excessive force on inmates or suspects in police custody. However, the long-standing corruption that allegedly existed within the Suffolk County Police Department perpetuated by ex-chief James Burke is at the helm is almost unfathomable. The Suffolk County Police Department is among the top 15 largest police forces in the country with nearly 2,000 officers and patrols most of eastern Long Island. The ex-chief of the Suffolk County Police Department, James Burke, was criminally charged with deprivation of civil rights and conspiracy to commit obstruction of justice and plead not guilty. In 2012, Burke allegedly took revenge against and beat a man who stole a bag from Burke’s work vehicle which contained his gun belt, ammunition, sex toys, pornography, and other items. In an attempt to retrieve the…

ATV Crash Near McCammon

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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: 12/20/15 8:26 p.m. Please direct questions to the District Office Shortly before 4:00 p.m. today, December 20, 2015, the Idaho State Police investigated a fatal crash at 6768 Old US-91, near McCammon. William Jenkins, age 59 of McCammon, was southbound on Old US-91 when he lost control of his Suzuki All Terrain Vehicle and was thrown. Jenkins was not wearing a helmet, and died at the scene. Next of kin has been notified. The investigation is ongoing. EH/JS -------------

Astute review of factors killing the death penalty ... with a questionable final assessment

St Louis Speeding Ticket Attorney: What If My Traffic Ticket Is Really Old?

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ONLY $150 TO HANDLE MOST ST LOUIS ARREST WARRANTS If your St Louis traffic tickets are quite old, then there is a good likelihood that the ticket has gone to warrant status. If that is the case, then the police can take you into custody once they run your name through their database. But there is a way to handle warrants (and the old tickets associated with them). A description of how is provided below: When a police officer writes out a ticket for a traffic infraction, the copy that you receive will provide you with all the information you need to know about the charge. One of the pieces of information provided is the court date and time on which the matter will be heard. But if you do not attend this designated hearing (or if you do not hire an attorney to attend the hearing for you), then the judge will issue a warrant for your arrest from the bench. Once the ticket is in warrant status, you are subject to arrest any time you come into contact with an officer of the law.…

Americans' Faith in Honesty, Ethics of Police Rebounds

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The recent spate of police-bashing apparently has not made a long-term impact on Americans' opinions of police officers.  Lydia Saad has this report for Gallup with the above title:After dipping to 48% in 2014 amid a national firestorm over police treatment of young black men, the rating Americans give the honesty and ethical standards of police has rebounded to 56%. This is more consistent with the 54% to 58% ratings Gallup found between 2010 and 2013.Four in 10 nonwhites now rate the ethical standards of police as very high or high -- a sharp increase from the 23% who held this view in 2014. A steep drop in nonwhites' ratings of the police in 2014 was the sole cause of the profession's overall ratings dip last year. While nonwhites' attitudes have not rebounded to their pre-2014 levels, the slight increase in whites' positive views of the police this year, from 59% to 64%, coupled with the rise in nonwhites' ratings, pushes the overall…

North Royalton Man Arrested for DUI After Speeding Out of Taco Bell Drive-thru

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Recently, a man whose name was not revealed was pulled over by North Royalton Police after an officer observed the driver speeding out of a Taco Bell drive-thru in a Dodge Avenger. The incident took place on December 11 in North Royalton, OH according to news reports. The officer claimed he noticed the smell of alcohol when talking to the driver. He also said the man acted drunk. While the driver denied he had been drinking, he replied “really?” when the officer asked him about the smell. The officer did comment that the driver was polite. While talking to the driver, the officer noticed what he believed to be marijuana in the center console of the vehicle. Upon searching the Avenger, he discovered a jar filled with marijuana, a pipe, and grinder. The officer administered a field sobriety test, which the driver failed. During the test, the suspect reportedly made the comment “It got a little hard there at the end.” The driver had been convicted on drunk…

NY Gov Cuomo moves ahead with significant clemency effort for youthful offenders and others

Why It’s Time to End Sex Offender Registries

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There is almost no category of criminal offenses that is as universally despised as sexual offenses. At the mention of this category of crimes, most people’s minds go to rape, child molestation or child pornography. Those who commit these crimes earn very little sympathy from the public, so it is not surprising that the punishment for these crimes is extremely harsh. One such punishment can potentially last for a lifetime, long after any prison sentence has been served and restitution has been paid. If you have been convicted of a sex crime, your punishment will likely include a lifetime with your name on the sex offender registry, and you will be required to register at least once per year with a local law enforcement agency. However, in recent years, many groups have begun to question the wisdom and effectiveness of these registries. Notably, groups that advocate for sexual assault victims are among the loudest critics of the sex offender registry. Harsh Criticisms from…

Dayton OVI Checkpoint Results

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The results are in from the Dayton OVI checkpoint held last Saturday.  ZERO! There were zero arrests for OVI (drunk driving) at the checkpoint. Once again, the absence of arrests were not a deterrent to law enforcement who labeled the checkpoint a success due to its deterrent effect upon the general public.  Other citations include: one for driving without a license, one for driving with a suspended license and one seat belt violation.Police also arrested one person on an outstanding warrant. Saturation patrols netted two arrests for drunk driving.  Again, as we have mentioned, saturation patrols require a good basis for the arrest supported by probable cause. Dayton DUI stands by our previous stance that OVI checkpoints are ineffective and unnecessary.

CAN POLICE SEARCH YOUR COMPUTER?

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The police are at your door. A neighbor complained about a disturbance and they came to investigate. You figure you have nothing to hide in your home so you consent to the search. But you do have something to hide—only it’s in your computer. Can police search your computer? What are you rights? Generally, police need a search warrant before they can look at the contents of your computer unless some other exception to the warrant requirement exists. (See U.S. vs Flores-Lopez.) Unlike other physical objects, computers hold vast quantities of private and sensitive information. Even when police can legally take the computer, they must still get a warrant to investigate it. The U.S. Supreme Court has held that computers cannot be searched as part of an arrest. Generally, that type of search is allowed to preserve evidence and to protect officer safety in case the defendant has a weapon. The court held that neither rationale applies to digital data. Officers…

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

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The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol. According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant. Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver…

Not all traffic stops can come with dog sniffs

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Charles Williams, Jr. was driving a rented car through central North Carolina in February 2012 when he was stopped for speeding. As is typical in a traffic stop, the deputy sheriff collected Williams’s documentation, issued a written warning, and then returned the documents. After all that occurred, a second deputy conducted a dog sniff of the car. The dog alerted to the trunk of the car and a search revealed crack cocaine in the trunk. Williams and his girlfriend were both arrested.1 Like most Fourth Amendment cases, this one turns on a constellation of facts that are uniquely arrayed in the case. But, since traffic stops and subsequent dog sniffs happen so frequently, the issue of what is reasonable articulable suspicion sufficient to extend a routine traffic stop into an investigatory stop matters. Procedurally, at the district court level the case was somewhat unusual in that there were two hearings on the same suppression issue, necessitated by the…

How Strict Gun Control and No Death Penalty Help Keep Us Safe

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Chicago has probably the strictest gun control law in the country.  Illinois long since abolished the death penalty (but unlike California, has never put the question to the people directly).We are endlessly lectured that these two major items on the liberal agenda will keep us safe, as well as help us become, as President Obama (once a Chicago resident) might say, "the people we truly are."Yes, well, read all about it.

Einigung auf Entwurf zur EU-Datenschutz-Grundverordnung

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Im Rahmen der sog. Trilog-Verhandlungen konnten sich das Europäische Parlament, die EU-Kommission und der Rat der Europäischen Union am 15. Dezember 2015 auf einen Entwurf zur Datenschutz-Grundverordnung (EU DS-GVO) einigen. Die EU DS-GVO sieht u.a. folgende Neuerungen vor: Einfacherer Zugang, mehr Informationsrechte und Transparenz zu bzw. über eigene personenbezogene Daten „Datenportabilität“: einfachere Übertragbarkeit von personenbezogenen Daten auf andere Anbieter/Konkurrenten „Recht auf Vergessenwerden“: eigene Daten sollen erleichtert gelöscht werden können Pflicht zur Orientierung über Datenlecks „Informierte Einwilligung als Eckpfeiler“ der EU DS-GVO: jede Datenverarbeitung bedarf einer freiwilligen sowie klar zustimmenden Handlung. Ausserdem benötigen unter 16jährige für eine gültige Einwilligung zur Datenverarbeitung die Zustimmung ihrer…

Ashland Woman Charged with Assaulting Man

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According to an article in the MetroWest Daily News, an Ashland woman was arrested earlier this year after allegedly threatening and assaulting a man. The article states that the woman and her boyfriend were staying at the alleged victim’s house in Framingham. The alleged victim reportedly noticed that his prescription Klonopin was missing and blamed the woman. The woman’s boyfriend then got into a fist fight with the alleged victim. During the fight, the woman allegedly went into the kitchen, grabbed a knife, and threatened to stab the alleged victim. She also reportedly threw a fan at him and hit him with it. The police were ultimately called and found three Klonopin pills in the woman’s purse. The woman was subsequently charged with assault and battery with a dangerous weapon (the fan), assault with a dangerous weapon (the knife), possession of Klonopin, and larceny under $250. Although the charges against the woman are serious, she appears to have a…

Bank Fraud, Forfeiture and "Ill-gotten Gains"

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This post examines an opinion from the U.S. District Court for the Eastern District of New York:  U.S. v. Dobruna, 2015 WL 7717133 (2015).  The U.S. Senior District Court Judge begins the opinion by explaining that the “Government seeks a $14 million forfeiture money judgment against defendant Qendrim Dobruna in the criminal case of United States v. Qendrim Dobruna.”  U.S. v. Dobruna, supra. As Wikipedia explains, [a]sset forfeiture or asset seizure is a form of confiscation of assets by the state. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses. . . . The purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization.Getting back to U.S. v. Dobruna, the District…

Condescension Squared on the Death Penalty

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For sniffing arrogance surrounding blunderbuss error, it would be hard to top the Economist piece noted here about the supposed demise of the death penalty in America.  It maintains, for example:The proof is overwhelming: capital punishment is dying. Statistically and politically, it is already mortally wounded, even as it staggers through an indeterminate -- but probably brief -- swansong.While readers might want to have a look at it for its record-setting Holier-than-thou attitude, they might also want get a lesson on the myriad ways in which abolitionists are trying to lie their way to success. The theme of the article is that the death penalty is done for, and we should examine the reasons why.  This self-satisfied meme has started to show up all over abolitionism  --  partly as a way of self-bolstering in the wake of its unmentionable wipe-out in Glossip  --  but is particularly obnoxious, and dishonest, in the Economist article.For…

News Scan

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Car Plows into Vegas Crowd, Kills One:  A homeless Oregon woman who had been living in her car with her toddler in Las Vegas for one week has been charged with intentionally plowing her vehicle into a crowd of pedestrians on a busy section of the Las Vegas Strip several times on Sunday night, killing one and injuring 37.  Fox News reports that the driver, identified as 24-year-old Lakeisha Holloway, had her three-year-old child in tow when she "went up and off [the] streets," two or three times at 30 to 40 mph into multiple crowds of pedestrians.  An Arizona woman, 32-year-old Jessica Valenzuela, vacationing with her husband was identified as the fatality.  Holloway was apprehended away from the scene and taken into custody, where she was booked on charges including murder, first degree child abuse or neglect and failing to stop at the scene of an accident.  LVMPD Deputy Chief Brett Zimmerman said that the tragic incident, while deliberate,…
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