If you want to know how the false promises of sentencing reform will actually work, today's lead story in the Washington Post is must reading.In the print edition, the headline is: "How a violent offender slipped through the DC justice system." (The electronically available story has a slightly different headline, but is the same story). The sub-head is: "Second Chance City -- Lenient sentencing and lax enforcement can give many chances despite repeated criminal behavior."It's the story of how a criminal justice system built on the supposedly humane premises of "sentencing reform" invited a hoodlum to escalate the behavior it had known about for years. The problem was not lack of knowledge; there was knowledge aplenty. The problem was the sentencing system's snickering indifference to the next victim. Nor is this a single episode, any more than the Wendell Callahan sentencing reform scandal…
How Lenient Sentencing Routinely Enables Violence
↧
↧
Sri Lanka Poetry Competition: “And the winners are….!”
Last fall, I told you about “Silenced Shadows” – a poetry competition that Amnesty was launching in Sri Lanka on the theme of enforced disappearances. Sri Lanka has experienced at least 80,000 cases of enforced disappearances over the past 30 years. The vast majority are still unaccounted for and the perpetrators remain unpunished. The agony of the families of the disappeared – not knowing whether their loved ones are alive or dead, or what condition they’re in if they are still alive – continues unabated to this day. We’re pleased to announce the 15 winners of the competition – five poems each in English, Sinhala and Tamil. The winning poems are available online now. This fall, Amnesty will publish a trilingual book, with each poem presented in its original language and translated into the other two languages. The winning poems lay bare the tragedy of enforced disappearances in Sri Lanka now: Her face is an empty headstone/a…
↧
"La Junta de Indignacion"
The greatest speech in New Mexico's history.The speech was delivered in Las Vegas and was a response to a letter that had been published in a Las Vegas newspaper. That letter was a list of failings that an Anglo lady felt about the Hispanic race.Chacon, who received a law degree from Notre Dame in 1889, laid the letter's assertions bare, and took little time in destroying the author as well.A must read in any cultural studies program in New Mexico. And, is more relevant now in the Year of Trump.https://books.google.com/books?id=S_QudWQHaZ4C&pg=PA130&lpg=PA130&dq=Eusebio+Chacon+vegas+speech&source=bl&ots=nEB5a-w4uZ&sig=7vLYveubzV6PizM4cvbqLNqV2Dw&hl=en&sa=X&ved=0ahUKEwjDzLKGztzMAhUMPz4KHfEhB6wQ6AEIHTAA#v=onepage&q=Eusebio%20Chacon%20vegas%20speech&f=false
↧
Sexsplaining, Transgender Edition
Gertrude Warning: This post is not to suggest there is anything wrong with being transgender. Be whoever you want. What this post does address is the consequences of the Government’s Transgender Letter, redefining sex discrimination to include discrimination based on gender identity. In a deliberately provocative twit, I suggested the unthinkable: Will it violate campus anti-disc rules to refuse to date, have sex, w/ trans person based on gender identity? Think about it. — Scott Greenfield (@ScottGreenfield) May 15, 2016 This was more than some could accept, and in the best internet fashion, I was asked to explain. But given that twits are a poor format for thoughtful explanation, I instead do so here. The Department of Justice/Department of Education joint “guidance” letter on transgender students assumes agency authority under Titles VII and IX to include gender identity within the authority granted by prohibited sex discrimination.…
↧
Shoplifting and Proposition 47
Making it as a small business has always been rough, and it is particularly so in the retail sector in the Age of Amazon. Small retailers are an important element of our economy as a source of personal service you can't get elsewhere and as places where people starting out can get their first jobs, but they are endangered.Don Thompson of AP reports how a misguided ballot measure in California has made it all the more difficult for this embattled group of entrepreneurs. Perry Lutz says his struggle to survive as a small businessman became a lot harder after California voters reduced theft penalties 1½ years ago.About a half-dozen times this year, shoplifters have stolen expensive drones or another of the remote-controlled toys he sells in HobbyTown USA, a small shop in Rocklin, northeast of Sacramento. "It's just pretty much open season," Lutz said. "They'll pick the $800 unit and just grab it and run out the door."Anything…
↧
↧
Is it fair for me to worry that drug war distractions contribute to "a revolving door for violent offenders" in DC?
↧
Wrongful Death Handbook: A Comprehensive Guide with Steps from Start to Finish
When someone dies as a result of another person’s negligence or misconduct, the victim’s loved ones may have cause to file a wrongful death lawsuit. A wrongful death case has many similarities to a criminal murder trial, but there is a lower burden of proof. The O.J. Simpson case demonstrated this principal. A criminal jury acquitted Simpson of murder; however, he was found liable for the deaths of Nicole Brown Simpson and Ronald Goldman in a civil case and ordered to pay damages to the victims families. If you believe you have reason to file a wrongful death suit, there are several important factors that your attorney must evaluate. How to Determine If Wrongful Death Applies Maryland, like every state, has wrongful death laws on the books. Your first step is determining whether or not a wrongful death claim applies to your situation. Here are some examples of wrongful death scenarios: Someone dies as a result of injuries in a car accident where the other driver…
↧
Making the case that "criminal justice reform is a conservative effort" and a "moral imperative"
↧
"Should convicted drug dealers be allowed to sell medical marijuana?"
The title of this post is the headline of this notable new Christian Science Monitor article. It carries this subheadline: "A California law passed in October denies felons with drug convictions a license to sell medical marijuana. An new initiative would change that." And here are excerpts: If you committed...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/-mq28QqOxzk" height="1" width="1" alt=""/>
↧
↧
Single vehicle crash on I-15
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: Monday May 16, 2016 11:00 a.m. Please direct questions to the District Office On Monday, May 16, 2016, at 8:40 a.m., the Idaho State Police investigated a single-vehicle, injury crash on I-15 at milepost 100, just south of the Blackfoot rest area. Michael Pearse, 36, of Carmen, Idaho, was driving southbound in a 1997 Dodge Caravan. Pearse drove off the left shoulder, overcorrected, and went off the right shoulder where the vehicle rolled. Pearse was transported via ground ambulance to Eastern Idaho Regional Medical Center in Idaho Falls. Pearse was wearing his seatbelt. The lane was partially blocked for two hours while crews worked to clear the scene. The crash is under…
↧
WaPo: Proposal to Congress would require police to get de-escalation training, create national use of force standard
WaPo: Proposal to Congress would require police to get de-escalation training, create national use of force standard by Wesley Lowrey: Legislation set to be introduced to Congress on Thursday would create a new national standard for when police officers can … Continue reading →
↧
Just Security: The 702 Reform Debate Is Just Heating Up
Just Security: The 702 Reform Debate Is Just Heating Up by Faiza Patel: Back in 2012, the National Security Agency’s broad authorities to collect information under Section 702 of the FISA Amendments Act were re-authorized with little discussion. With the … Continue reading →
↧
Luca et al. on Mass Shootings and Gun Policy
Michael Luca , Deepak K. Malhotra and Christopher Poliquin (Harvard Business School - Negotiations, Organizations & Markets Unit , Harvard Business School - Negotiation, Organizations & Markets Unit and Harvard Business School) have posted The Impact of Mass Shootings on...
↧
↧
When Should a Marijuana High Equal a Los Angeles DUI?
Blood alcohol content serves as a determining factor when police decide whether or not to charge someone with DUI in Los Angeles. If a breathalyzer and/or blood test shows a reading of .08 or higher, the driver will likely face a charge of driving under the influence. But a May 10th article in the Washington Post highlights the subtle challenges of evaluating whether or not a driver is operating under the influence of marijuana. Pot doesn’t show up in a breathalyzer test, and measuring the THC content in the blood doesn’t give an accurate picture of whether or not someone can drive safely. The AAA Foundation for Traffic Safety recommends that states take a different approach. Instead of setting legal limits for THC in the bloodstream, states should train certain police officers for certification as drug recognition experts (DRE). Then, when a DUI suspect shows signs of marijuana use, these specially trained officers would conduct an hour-long series of tests to…
↧
NJ Supreme Court: No Jury Trial for Repeat DUI Drivers
Under California law, drivers charged with DUI in Los Angeles have the right to demand a jury trial. That’s not the case in every state. In a May 12th ruling, the New Jersey Supreme Court said that defendants facing trial for repeat DUI driving charges should not be entitled to jury trials. According to an article in the New Jersey Law Journal, the New Jersey Supreme Court justices decided 5-1 in State v. Denelsbeck that the penalties faced by drivers charged with third and subsequent DUIs face penalties are not serious enough to warrant jury trials. Those penalties include up to six months in jail as well as fines. The court stated that “the need for a jury trial is outweighed by the state’s interest in promoting efficiency through non-jury trials.” The judges also pointed out that DUI is a motor vehicle violation and not a criminal offense. The one justice who voted against the majority pointed out in his dissenting opinion that every other state…
↧
Ninth Circuit Habeas Cases in SCOTUS
The U.S. Supreme Court decided six cases today. Only one summary disposition involves criminal law.Kernan v. Hinojas, No. 15-833, is a Ninth Circuit habeas corpus case involving that court's failure to give deference to the California Supreme Court's summary denial of an original petition in that court. This is an area the high court has gotten into several times, and to some extent it is specific to California's odd system of original habeas petitions in reviewing courts, so I won't go into detail here.In the "curious incident of non-barking dogs" department, the certiorari petition in Johnson v. Lee, No. 15-789 was on the conference list Thursday but was absent from today's orders list. The online docket now shows it to be on the list for this coming Thursday, the fourth conference for this case.The case involves the Ninth Circuit's brushing aside of California's rule (similar to those nearly all states and the…
↧
Personal Breathalyzers Are Unreliable
Even though there are deterrents all over the place, more than 25,000 Minnesotans are arrested for drinking and driving every year. The fines and potential consequences should be enough of a deterrent, but on top of those we have things like announced DUI checkpoints and store-bought breathalyzers. But just how reliable are those purchasable breathalyzers? Could they really save you from a DUI? ABC 6 News in Minnesota recently put them to the test. For their research, ABC 6 purchased two breathalyzers from the company BACtrack. One was a $50 model and the other was a $150, and both were tested alongside the $600 model used by the Minnesota State Patrol. Reporter Ben Henry put the breathalyzer devices to the test after consuming two beers in just under an hour. Here’s what the devices revealed: The $50 device said Henry registered a blood-alcohol content of 0.57. The $150 device revealed that Henry had a BAC of 0.35. The $600 breathalyzer used by the Minnesota State Patrol…
↧
↧
Controversy Over Naming Controversy
Jonathan Adler has this post at the Volokh Conspiracy, "On the ridiculous controversy over changing the name of the George Mason University School of Law," i.e., to rename it in honor of the late Justice Antonin Scalia. (As of this writing, the block quote tags on the post are a bit messed up.)Adler lays out well why the controversy is ridiculous, and I recommend his discussion. I was particularly struck by this statement:Faculty from unaffiliated departments, such as art history, "cultural studies," and others (notably excluding economics, mathematics, and the physical sciences), began a campaign in the Faculty Senate to pass a resolution urging the university administration and the State Council of Higher Education for Virginia to delay acceptance of the gifts.Why this striking difference by department? It tends to confirm what I have long suspected. There is a negative correlation between the extent to which a field of study is…
↧
The Importance of Knowledgeable DUI Defense Counsel
Attorney Robert C. Gigstad recently attended a Standardized Field Sobriety Testing course, a CLE event aimed at giving attorneys insight into the latest SFST procedures and scoring used by local law enforcement. Attorney Gigstad only attended the course as a refresher-- in fact, he is already certified in Standardized Field Sobriety Testing, meaning he's received the same training in DUI stops as police officers. So why did he attend? Because DUI law is one of the most dynamic and science-based branches of criminal law that we have and to properly practice it requires ongoing vigilance on the newest laws, sciences, and technologies that are used to enforce it. Why is continuing DUI education so important? It's true: most branches of criminal law and even civil law require some form of diligence by attorneys to ensure that they are familiar with the latest laws, court precedents, and potential complications of their practice area. However, DUI law perhaps changes at…
↧
When the State Pursues Multiple Charges Based upon One Act in a Washington Assault Case
Criminal laws in Washington, like criminal laws in other states, can allow prosecutors to pursue multiple charges that all arise from a single act or incident. In such a situation, it is important to understand exactly how far your constitutional rights, including the right to be free from double jeopardy, can go to protect you in the event that you are not acquitted on all charges. In one recent example related to this issue, the Washington Supreme Court upheld lower courts’ decisions allowing the state to re-try a man from Tacoma, who initially faced two second-degree assault charges from one act of striking a neighbor with a baseball bat, on the one charge that resulted in a hung jury at the first trial. In this case, the charges stemmed from a neighborhood dispute in East Tacoma. Vincent Nix and Robert Scott each had children whose bicycles were missing. Their searches led them to Johnny Fuller, who lived nearby and repaired and sold bicycles. Although the fathers…
↧
More Pages to Explore .....
