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Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Downloads Paper Title 1 310 The Insanity Defense: Nine Myths that Will Not Go Away Michael L. Perlin New York Law School Date posted to database: 16 Jan 2016 2 141 The Opposite...

Fault Lines: The Next Generation

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We hear you.  We asked for your thoughts, and you’ve been more than generous in providing them.  Thank you. We share many of the ideas you’ve offered, and with that in mind, we’re ready to bring more writers aboard.  At present, we have Greg Prickett bringing the cop’s perspective to Fault Lines, but we want more. We have Murray Newman and Andrew King bringing the prosecutor’s prospective, and we want more.  We have Judge Richard Kopf bringing the view from the bench (and we anticipate another judge joining us soon), but we still want more. We want perspectives from all genders, all colors, all political views and all players in criminal law. Too much?  Perhaps, but unlike anywhere else on the internet, we seek to provide all sides of legitimate commentary, because our writers aren’t merely interested and passionate, but the people who actually do the work in the trenches and speak from knowledge and experience. …

Plan de gobierno de Fuerza Popular - Bloque II - Educación 1

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PLAN DE GOBIERNO DE FUERZA POPULAR II jajajajajajaj!!!! Antes continuar con el segundo bloque debo hacerles saber que no comenté nada sobre los Derechos Humanos excepto la mención a los jubilados, por jubilarse y los trabajadores aportantes a una AFP y la inexistencia de Derechos Humanos para este gran sector de nuestro pueblo en opinión de la cara de plato, pues son declaraciones y soluciones imprescindibles en los planes de gobierno de cualquier aspirante a un puesto público de cualquiera de nuestras naciones y han podido ser escritas por un criminal de cuclillas sobre el silo de una prisión si acaso tuviera aspiraciones presidenciales, sin embargo, acabo de revisar nuevamente el primer bloque de manera muy superficial y me encuentro con la siguiente acción de llegar la japonesa al gobierno: página nueve punto cuatro acápite tres. “Sobre la base de un consenso nacional aprobaremos una política…

OACDL Seminar: The Premiere Ohio DUI Defense Seminar

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Last week was the annual DUI/OVI seminar presented by the Ohio Association of Criminal Defense Lawyers (OACDL).  One of the slogans now attached to the seminar is ‘The Premiere Ohio DUI Defense Seminar’.  When I hear that slogan, two questions come to mind: 1.  Are there any other Ohio DUI defense seminars? 2.  If so, what makes this one the ‘premiere’ seminar? Full disclosure:  I co-chaired the seminar this year, so my opinion is probably not unbiased. With that said, my answers are: 1.  Yes, there are, in fact, several other seminars focused on Ohio DUI/OVI, and 2.  What makes this one the ‘premiere’ seminar is the topic of this blog entry. One factor which makes the OACDL seminar impressive is the sheer volume of information.  The seminar lasts for about 20 hours.  During that time, about 35 speakers give presentations on topics relevant to DUI/OVI in Ohio.  No other Ohio DUI/OVI seminar…

Robertson et al. on An Empirical Investigation of Quid Pro Quo Corruption

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Christopher T. Robertson , D. Alex Winkelman , Kelly Bergstrand and Darren Modzelewski (University of Arizona - James E. Rogers College of Law , University of Arizona - James E. Rogers College of Law , University of Texas at Arlington...

Bernard Brief Bank: Respondent's Briefs Are Filed

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In case you didn't already know, the United States Supreme Court is set to determine whether or not Minnesota's DWI laws are constitutional. The highest Court accepted review of three cases - here they are, with hyperlinks to the Supreme Court docket for each case: Bernard v. Minnesota (14-1470): is it constitutional for a state to criminalize the act of refusing to submit to a warrantless DWI search? Birchfield v. North Dakota (14-1468): Is it constitutional for a state to criminalize the act of refusing to submit to a warrantless DWI search? Beylund v. North Dakota (14-1507): Is it constitutional for a state to claim that a driver "consented" to a warrantless search when that driver was threatened with the crime of refusal?      TIMELINE: The briefs in support of the Appellants (Bernard, Birchfield, and Beylund) have already been filed, as have the briefs filed by several amicus curiae ("Friends…

ATTORNEY SAM’S TAKE ON PROSECUTION FOR THE PARTICIPATING IN AND ENCOURAGING OF CRIMINAL ACTIVITY

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When we left off in my last blog, I told you that there were various issues worth discussing in the case of Timothy Cyckowski, the, now, 19-year-old male from Saugus who has been charged and convicted for activities involving recording, displaying and encouraging a sexual assault of a drunk minor. Certain aspects of the case will come as no surprise to any regular reader of this blog. As you no doubt remember, creating any photograph or video depicting sexual acts, or nudity, involving someone under the age of 18 (even if the activity depicted does not involve an assault) is illegal. It is the creation of child pornography. Possessing the material is possession of child pornography and disseminating it is the dissemination of child pornography. All very serious charges in their own right. In this case, the girl involved was not only a juvenile, but was also very intoxicated. This means that there were two reasons why, by law, she was unable to consent to the sex. Finally,…

Thaxton on Capital Charging

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Sherod Thaxton has posted Assessing and Ameliorating Arbitrariness in Capital Charging: A Doctrinally and Empirically Anchored Inquiry on SSRN. Here is the abstract: Justice Stephen Breyer recently made international headlines when he emphasized that reforms to the capital punishment process...

How Do I Contest A DUI Charge In New Jersey?

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If you want to fight a DUI charge in New Jersey, your best bet at success is to work with an experienced DUI attorney who can build a strong case for you and protect you from any missteps that can hurt you in court. While many people feel that they can win a legal case on the strength of their certainty, once you’re standing in front of a critical judge (and every judge in New Jersey will be critical of your claims of innocence), you’ll be glad you invested in experienced legal help. Winning a DUI case in New Jersey isn’t easy, and the state is constantly coming up with new ways to complicate your defense. Matthew Reisig has helped more than 1,000 New Jersey drivers avoid conviction on DUI charges, and has argued DUI law before the Supreme Court of New Jersey. When you want to contest a DUI charge in New Jersey, call Matthew Reisig today at 732-625-9660 for a free consultation with one of the state’s most experienced DUI defense attorneys.

Is There A Videotape Of My Arrest In A New Jersey DUI?

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It’s very likely that there is video of your DUI arrest in New Jersey, usually from the police car’s dashcam. While you may feel that this will represent damaging evidence against you and influence how you approach your case, you should know that in some cases, dashcam video can be excluded. In other cases, you may want access to video that the police claim not to have. In that case, you should work with an experienced New Jersey DUI lawyer who can help you pursue evidence the police may be trying to hold back, and locate any security cameras or other recording devices in the area in order to build the strongest case for you. Matthew Reisig has been defending clients in New Jersey against DUI charges for nearly 20 years, and in that time he’s helped more than 1,000 drivers avoid conviction on DUI charges. When you need the strongest case possible, with evidence found or evidence excluded, call him today at 732-625-9660 for a free consultation.

New Jersey Criminal Defense Attorney for Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5)

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Criminal Lawyer For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) Passing a bad check, money order, or electronic funds transfer is a theft crime in New Jersey, and under the terms of N.J.S.A. 2C:21-5, it can have extremely serious consequences for you. Prosecutors will have to show that you knowingly passed a check that would or could not be honored, such as because of lack of funds, the account had been closed, or it did not exist in the first place. As a theft crime, you’ll be prosecuted based on the value of the bad checks. Amounts less than $200 are a disorderly persons offense, with a penalty of up to six months and a fine of $1,000. This is the best case scenario for you, as penalties escalate rapidly from there. For values less than $1,000, you’ll face a fourth degree crime charge, similar to a low felony in other states, and a sentence of up to 18 months with a fine of $10,000. If the amount is less than $75,000,…

Penalties For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) In New Jersey

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New Jersey Penalties For Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) As with most theft charges, Writing Bad Checks, Money Orders, Electronic Funds Transfers (N.J.S.A. 2C:21-5) is graded based on the dollar values in question, with penalties becoming more stringent as the amount of the theft increases. The lowest degree, a disorderly persons offense, is charged for passing bad checks in an amount less than $200. At that level, your maximum penalty would be six months in jail and a $1,000 fine. When the amount involved is between $200 and $1,000, you’ll be charged with a fourth degree crime, and risk up to 18 months in prison and a fine of $10,000. When the values of the checks are between $1,000 and $75,000 – a huge span – you’ll be charged at the third degree level and face a prison sentence of three to five years. You’ll also be fined up to $15,000, on top of the restitution costs that any theft conviction…

New Jersey Criminal Defense Attorney For Credit Card Theft (N.J.S.A. 2C:21-6)

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Criminal Lawyer For Credit Card Theft (N.J.S.A. 2C:21-6) Credit Card Theft (N.J.S.A. 2C:21-6) in New Jersey is more than simply the physical taking of a credit card. The statute covers a variety of acts, from selling or buying a credit card from a person other than the issuer, to “obtaining control” over a credit card as a security for a debt, to making and embossing fraudulent credit cards for use or sale to others. Using a credit card that has been stolen, found, fraudulently manufactured, or forged to obtain money, goods, or services is also a crime under the statute. Credit Card Theft may be graded in a number of ways, and you can face a prison sentence of up to five years if convicted. Matthew Reisig has been defending clients in New Jersey against charges like Credit Card Theft for almost twenty years. If you need help with credit card theft charges, call 732-625-9661 today and talk to an experienced New Jersey theft crimes defense lawyer for free. The…

Kinports on Heien's Mistake of Law

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Kit Kinports (Pennsylvania State University, Penn State Law) has posted Heien's Mistake of Law (Alabama Law Review, Forthcoming) on SSRN. Here is the abstract: The Supreme Court has been whittling away at the Fourth Amendment for decades. Last Term’s ruling...

D2 Injury Crash US95 MP 305, Lapwai, ID

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police Regional Communication Center - North 615 W Wilbur Ave Suite A Coeur d'Alene, Idaho 83815 Please direct questions to the appropriate District Offices District 1 (208) 209-8620 Fax (208) 209- 8618 District 2 (208) 799-5150 PRESS RELEASE FOR DISTRICT TWO CASE # L16000425 --------------------- PRESS RELEASE ----------------------------- DATE: March 22, 2016 TIME: 7:52 am LOCATION: NB US95@305, Lapwai, ID ASSISTING AGENCIES: Nez Perce Tribal Police VEHICLE #1 ------------- DRIVER Wayne H. Olson AGE 80 ADDRESS Orofino, Idaho INJURIES- Yes HOSPITAL TAKEN- St. Josephs VEHICLE YEAR 2016 VEHICLE MAKE Honda VEHICLE MODEL HRV 4-Door WRECKER Bernards Towing SEATBELTS- YES PASSENGER(S) Emma L. Olson AGE 79 ADRESS…

Juror Who Showed Up Drunk Wins Appeal for Jail Term

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The Florida Supreme Court ruled on Thursday that a Florida man who showed up drunk for jury selection should not have been sent to jail for his actions. The Florida Supreme Court found that the Tallahassee man should not have been found guilty of direct criminal contempt by a judge in Leon County Court because some of his questionable conduct happened outside of the court and not in direct view of the judge. The court ordered that Florida’s First District Court of Appeals issue an order vacating the decision. However, the state could investigate whether to retry the man for indirect criminal contempt. On April 15, 2013, the man showed up for jury duty at the Leon County Courthouse. He told a judge during general questioning that he had various issues that would make it difficult to serve on a jury, including admitting that he was a drunk. The judge did not excuse the man and selection continued. The man later fell asleep as other prospective jurors complained he smelled…

Carback on Applying the Hobbs Act to Coconspirator Extortion

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Joshua T Carback (University of Maryland, Francis King Carey School of Law, Students) has posted Ocasio v. United States: Why the Hobbs Act Punishes Coconspirator Extortion (75 Maryland Law Review Endnotes, 2016, Forthcoming) on SSRN. Here is the abstract: State...

Another Primary Night

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To be more precise, another primary and caucus night. Arizona, Utah and Idaho (Dems only in Idaho) vote tonight. Polling has been sparse but the indications are Clinton and Trump are in good shape in Arizona and Cruz and Sanders are favored in Utah... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Federal district judge interprets Nebraska law to preclude placing juve on its public sex offender list

The challenges of bankruptcy issues for marijuana businesses

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After a week off for Spring Break, the students in my semester-long OSU Moritz College of Law seminar on marijuana laws and reform are back to assembling readings on particular topics in preparation for an in-class presentation/discussion. One of the presentations scheduled for this week is to focus on bankrupcy...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/k-YoFc9Lv8E" height="1" width="1" alt=""/>
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