"Time, Death, and Retribution"
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A week of extraordinary reporting and commentary via The Crime Report
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Still more ugly details on the still ugly realities of the federal clemency process
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Mungan on Reputational Sanctions
Murat C. Mungan (Florida State University - College of Law) has posted A Generalized Model for Reputational Sanctions and the (Ir)Relevance of the Interactions between Legal and Reputational Sanctions (International Review of Law and Economics, Forthcoming) on SSRN. Here is...
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Weighing Aggravating and Mitigating Factors
Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at the state level, it is of course clear that a defendant has a Sixth Amendment right to have aggravating factors proved to a jury beyond a reasonable doubt. Once sentencing factors are properly found, however, responsibility shifts back to the judge to decide what to do about them. The rules for weighing factors are as loosey-goosey as the rules for finding them are rigid. Under Structured Sentencing, if aggravating factors are present and the court decides they are sufficient to outweigh any mitigating factors that are present, the court may impose a sentence from the aggravated range. Conversely, if mitigating factors are present and are deemed to outweigh any aggravating factors, the court may sentence from the mitigated range. G.S.…
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"There hasn’t been a criminal defense lawyer on the Supreme Court in 25 years. That’s a problem."
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Prosecutorial Oversight: A National Dialogue in the Wake of Connick v. Thompson
Prosecutorial Oversight: A National Dialogue in the Wake of Connick v. Thompson In 1984, John Thompson was wrongfully convicted of two separate crimes—a robbery and murder— in Louisiana. He was prosecuted first for the robbery, which helped prosecutors secure the death penalty in his murder case. While facing his seventh execution date in Louisiana State Penitentiary at Angola, a private investigator hired by his appellate attorneys discovered scientific evidence of Thompson’s innocence in the robbery case that had been concealed for 15 years by the New Orleans Parish District Attorney’s Office. Thompson was eventually exonerated of both crimes in 2003 after 18 years in prison—14 of them isolated on death row. The state of Louisiana gave him $10 and a bus ticket upon his release. He sued the district attorney’s office. A jury awarded him $14 million—$1 million for each year on death row. When Louisiana appealed,…
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Charles Ramsay Discusses the United States Supreme Court of Fox 9 News
Minnesota is one of 13 states where it is a crime to refuse to submit to a warrantless search. Last night, Charles Ramsay of Ramsay Law Firm discussed the United State's Supreme Court's upcoming decision regarding whether or not Minnesota's DWI laws are constitutional. The case of State v. Bernard, scheduled to be heard on April 20, could potentially result in thousands of DWI dismissals statewide, and could have an even bigger impact on how law enforcement conduct DWI arrests in the future. When asked, Chuck told Ted Haller of Fox 9 News "the United State Supreme Court is going to strike down Minnesota’s test refusal law." Ramsay added, "“If the Supreme Court strikes down the law, those who actually submitted to a breath test, after getting threatened with the crime of test refusal, it’s likely that their breath test results will also get thrown out.” If you want to watch the full story, here you go:
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Fatal Crash on Northside Blvd and I84
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 3/29/16 7:55 a.m. Please direct questions to the District Office At this time, the Idaho State Police is investigating a two-vehicle fatality crash on Northside Blvd. near I84. Northside Blvd. is blocked at this time. More information will be relayed as it becomes available. EH/JS -------------
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PLAN DE GOBIERNO DEL FRENTE AMPLIO Y EL ARZOBISPO DE AREQUIPA
He bajado el Plan de Gobierno del Frente Amplio, es de un esquema diferente cuenta con 64 páginas y como los que ya he leído AP, PPK y FP el diagnóstico de la situación del País es más o menos similar, tanto como sus soluciones que yacen ocultas en la riqueza de nuestro lenguaje. Sé que el deseo de ser Presidente del Perú demanda el ofrecimiento y satisfacción de muchas necesidades sin evaluar sus propias fuerzas o conociéndolas lanzar propuestas que demandan un consenso en el Parlamento de suerte que, las promesas dependen de la voluntad de terceros además de las del oferente. Todos los candidatos dicen lo que el pueblo o un sector de este desea escuchar, mas el Plan del FA, para mí excede todo límite razonable y salvo que en el Parlamento se conjuguen fuerzas para hacer de nuestro País un burdel o una promiscua colectividad de degenerados los ofrecimientos del…
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What has Happened to the USEPA Criminal Enforcement Program?
I was reading this morning another article about the “new” USEPA Enforcement Initiatives. Notwithstanding the USEPA’s enforcement statistics, criminal enforcement is down. Fewer cases are being made and the cases that are being made are the so-called “bottom-feeder” cases. In short, the only cases being made are Grenada cases (the term comes from a line in The Wolf of Wall Street where the case against Jordan Belfort is called unloseable). Why is that, that criminal enforcement is down? While I am not necessarily complaining (and my clients sure are not complaining), the downturn, I believe, comes down to a few management style factors. I am basing these beliefs on discussions I have had with various people, across the spectrum of the enforcement landscape. First, at the very top of the USEPA, there is a distinct lack of “enthusiasm” for criminal enforcement. That comes from the very top…
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Hyping crime: the politics of false trends
Every generation of reporters, editors, and politicians, I suppose, must learn for themselves not to draw conclusions from short-term crime statistics. There are too many variables that go into them and too much lag time in reporting to draw valid conclusions from short-term crime spikes or, for that matter, reductions in crime. Especially regarding serious violent crimes, like murders, the fact that you're dealing with very small numbers can skew short-term analyses and suggest false trends that may not reflect what's really happening. Lately, this sort of news coverage seems to be all the rage, to the point where even our Texas outlets have picked up on the tactic.The most recent strain of infatuation with this rookie journalistic error, from Grits' observation, began a few years ago when federal courts ordered California's prison system to decarcerate because of overcrowding. The papers soon filled with anecdotes of violent crimes that cops and…
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Anderson on Police Stories
Helen A. Anderson (University of Washington - School of Law) has posted Police Stories (Northwestern University Law Review Online, Forthcoming) on SSRN. Here is the abstract: In recent years, video recordings of police violence have upended the traditional narrative of...
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When Hit by a Driver in New Hampshire with No Auto Insurance-Who Pays?
When Hit by a Driver in New Hampshire with No Auto Insurance–Who Pays? The United States Accident statistics show that Americans average roughly six million car accidents annually. This staggering figure of accidents claims over 40,000 lives and injures three million people yearly. With these statistics, it is prudent to conclude that auto accidents are the leading cause of personal injury in the U.S. alone. It does not mean that because car accidents are common that the cases are always easy to handle. For this reason, you need a New Hampshire injury lawyer that can help you sort out the issues. Car accidents are costly, can cause serious personal injuries and they can cause a major change of lifestyle. You may be left with a deformity that can make you unable to perform your normal functions. Auto accidents in New Hampshire can be complex because the legalities of compensation are different from that of some other states. Victims of…
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What Happens After A DWI Conviction in Wilmington, NC?
What Issues Can Arise After You’re Convicted of a DWI? Wilmington DWI Attorney Gint Krulikas Depending on an individual’s legal strategy, a DWI conviction may occur after a loss at trial or after entering a guilty plea. However, in either situation, a person is facing a DWI conviction, which carries with it a variety of issues and consequences. This process can be very stressful and daunting for clients. In this article, I will try to clarify and explain your options and what to expect in the event of a DWI conviction in Wilmington, NC. Jail Sentence One of the most serious consequences of a DWI conviction is the possibility of jail time. In North Carolina, a DWI conviction at the highest sentencing level can result in up to three years in jail. However, for most first time offenders, any jail sentence is typically suspended in favor of court mandated community service. For repeat offenders however, the possibility of jail time is likely.…
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Ways to Challenge a DC DUI
In the District of Columbia, the Office of the Attorney General (OAG) is responsible for prosecuting DUIs and it takes this job very seriously. While other jurisdictions routinely offer favorable deals for DUI offenders, DC rarely does. What that means is that often times you would be no better off pleading guilty than you would be if you took the case to trial and lost. Your best bet at beating a DUI conviction is going to trial and holding the government to its burden of proof. To be convicted of a DUI, the government must prove that you were (1) operating a motor vehicle (2) while under the influence of alcohol or drugs. While two elements may not seem like much to prove for the government, there are numerous ways to challenge the evidence against you on both elements. The first element of the DUI offense is the trickiest element to challenge because DC law has a broad definition of what it means to operate a motor vehicle. Operate is defined as actual physical control over…
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Washington Supreme Court Finds in Favor of Plaintiff in Injury Claim Against King County
The Washington Supreme Court recently decided an appeal involving a car accident in the case of Wuthrich v. King Cty. (Jan. 28, 2016). The plaintiff was riding a motorcycle when another motorist pulled out in front of him at an intersection. The plaintiff brought an action against the County, alleging that it was liable for his injuries because overgrown blackberry bushes obstructed the motorist’s view of traffic at the intersection. The lower court granted summary judgment in favor of the County, and the plaintiff appealed. In order to recover on a common law claim of negligence, a plaintiff must establish: (1) the existence of a duty to the plaintiff, (2) a breach of that duty, (3) a resulting injury, and (4) the breach was the proximate cause of the injury. In Washington, a municipality has a duty to maintain its roadways in a reasonably safe condition for ordinary travel. This duty is not confined to the asphalt. If a wall of roadside vegetation makes the…
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Odessa Woman Arrested after K-9 Unit Finds Drugs in Vehicle
On Saturday, March 26,a 25-year-old Odessa, NE woman was arrested after a police K-9 unit detected methamphetamine in the vehicle she was driving. Ashley Foged was stopped by Beatrice police after she failed to signal while making two right turns. According to court documents, an officer observed Foged’s vehicle as she turned right onto Market Street, then turned right onto 12th Street. Both times, the officer claims she failed to signal. Upon being pulled over, Foged identified herself but could not produce a driver’s license as it had been suspended earlier this month for failure to comply. Police searched the vehicle after the K-9 unit was dispatched to circle Foged’s Mitsubishi SUV and alerted to the presence of drugs near the driver’s side door. Officers discovered a white substance on a digital scale that was determined to be methamphetamine, along with a marijuana pipe containing residue. Continue reading
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Minnesota Low In Prisoners, But High in Punishment
A recent piece by Ruben Rosario in the Pioneer Press put the spotlight on incarceration rates and sentencing guidelines here in Minnesota. For years, Minnesota has ranked as having one of the lowest incarceration rates by the per-capita measure, thanks in large part to a corrections system that pushes many low level offenders through a supervised release program aimed at preventing recidivism. It’s great that the state isn’t over-punishing petty criminals and is actively working to prevent repeat offenses, but that mindset stands in stark contrast to how the state handles some more serious criminals. According to research by the Pew Charitable Trusts’ Public Safety Performance Project, Minnesota has had the ninth largest growth of all states in its punishment rate over the past three decades. Instead of looking at the percentage of a population who are incarcerated, the new analytical tool looks at the rate of incarceration compared to the crime itself.…
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Gadinis & Mangels on Collaborative Gatekeepers
Stavros Gadinis and Colby Mangels (University of California, Berkeley - School of Law and University of California, Berkeley - School of Law) have posted Collaborative Gatekeepers (Washington and Lee Law Review, Forthcoming) on SSRN. Here is the abstract: In their...
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