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Is a Parrot's Statement Hearsay?

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Fox News reports on this evidence exam hypothetical come to life:A Michigan man’s wife is now a suspect in his May 2015 murder, newly obtained police reports show, and a winged witness may have heard the dead man’s final plea. An African grey parrot might’ve overheard Martin Durham as he pleaded with his shooter before the killer pumped five bullets into Durham’s body. The bird, Bud, was heard saying “Don’t f------ shoot” in a video taken shortly after Durham’s death, WOOD reported. “That bird picks up everything and anything, and it’s got the filthiest mouth around,” Duram’s mom, Lillian Duram, told WOOD. It’s unclear if police have seen this video, or if the bird’s utterance is even admissible as evidence.Would the video be admissible as evidence of the victim's last words? Possibly. There are two major evidence law issues I can spot right off the bat. The first is whether…

Multiple Vehicle Crash Near Hazelton

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 06/06/16 9:19 P.M. Please direct questions to the District Office Idaho State Police is currently investigating a multiple vehicle fatality crash on Interstate 84, in the median, near milepost 191. Traffic is blocked on the eastbound side. Due to high traffic volume in the area, Idaho State Police is requesting that drivers avoid the area if possible. AC/JH -------------

"Looking into the Wisconsin case looking into the use of risk-assessment tools at sentencing"

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Doug Berman at Sentencing Law & Policy links to and excerpts this article from The Wall Street Journal. In part: Algorithms used by authorities to predict the likelihood of criminal conduct are facing a major legal test in Wisconsin. The...

The Many Roles of a Criminal Defense Attorney

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A criminal defense attorney has to wear many hats when working for their clients. Today, we take a closer look at some of the roles and duties a criminal defense attorney has during a normal day at the office. The Many Tasks of Defense Attorneys Here are just a few of the roles a defense attorney has throughout his day. 1. An Outlet For The Defendant – If you’re placed under arrest, you may not know where you can turn for help. Odds are you’ll be facing the prospect of fines or even jail time, and challenging the prosecution’s case on your own will be an uphill battle. A criminal defense attorney will be your main source of information throughout the legal process. They’ll listen to your story, ask questions of their own, and come up with ways to challenge the prosecution’s story. Listening to clients and crafting a defense is one of the main roles of a criminal defense attorney. 2. Researcher – Many new cases are decided based on…

FREE Alcohol Seller and Server Training on Wednesday, June 8th in the Lewiston Area

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IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 6/7/16 10:00 a.m. LEWISTON - Idaho State Police Alcohol Beverage Control will offer FREE Alcohol Beverage Seller / Server Training tomorrow in Lewiston. The training is a three-hour course instructed by a team of ABC employees and is recommended for: - Idaho's on-premise and off-premise licensees - managers - owners - servers or bartenders in bars, restaurants, golf courses, resorts, airports, - employees of wine/beer shops, liquor, grocery or convenience stores At the completion of the training, participants will be able to: - understand laws, rules and regulations that govern alcohol sales and consumption in Idaho - understand requirements of operating an ABC licensed business - prevent intoxicated and underage customers - document alcohol-related incidents - understand procedures…

News Scan

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'Grim Sleeper' Sentenced to Death:  A jury decided Monday that the Los Angeles serial killer known as the "Grim Sleeper" should be sentenced to death for murdering nine women and a teenage girl over the span of several decades.  The AP reports that Lonnie Franklin Jr., 63, was convicted of 10 counts of first-degree murder last month for crimes dating back 30 years, which involved fatally shooting and choking women and dumping their bodies in trash bins and alleys around South Los Angeles.  The crimes were not connected to a serial killer until 2007, when Franklin came under suspicion after the cold cases were reopened.  He was dubbed the "Grim Sleeper" because of a gap in slayings between 1988 and 2002, but authorities now believe Franklin never took a break.  Evidence was introduced during the trial's penalty phase that tied Franklin to four additional murders, but he didn't face charges in those cases because…

Goel et al. on Police Discrimination and Big Data

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Sharad Goel , Maya Perelman , Ravi Shroff and David Alan Sklansky (Stanford University , Central District of California , New York University (NYU) and Stanford University) have posted Combatting Police Discrimination in the Age of Big Data (Forthcoming, New...

The Potential Risks of Uber’s New Cross-Border Service to Mexico

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In March, Uber launched its latest product offering, UberPASSPORT. The service is aiming to make border crossings between countries safe and easy. San Diego and Tijuana are serving as the program’s first rollout, since the cities are already considered connected economically and culturally. How UberPASSPORT Works To use the new service, users in the San... The post The Potential Risks of Uber’s New Cross-Border Service to Mexico appeared first on Graham Donath.

Umsetzung der UCITS-V-Richtlinie in Luxemburg

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Am 12. Mai 2016 wurden in Luxemburg die Bestimmungen zur Implementierung der UCITS-V-Richtlinie im Mémorial – Journal Officiel du Grand-Duché de Luxembourg veröffentlicht. Die Bestimmungen treten am 1. Juni 2016 in Kraft. Die Implementierung führt zu Anpassungen des Luxemburger Gesetzes vom 17. Dezember 2010 über Organismen für gemeinsame Anlagen (das „OGAW-Gesetz“) sowie des Luxemburger Gesetzes vom 12. Juli 2013 über die Verwalter alternativer Investmentfonds (das „AIFM-Gesetz“). Die Anpassungen im OGAW-Gesetz betreffen insbesondere neue organisatorische Anforderungen an die Verwahrstellen, so etwa die getrennte Verwahrung von Vermögenswerten entlang der gesamten Verwahrkette, des Weiteren Vorschriften zur „due diligence“ bei der Auswahl und laufenden Überwachung von Unter- bzw. Drittverwahrern. Obwohl zwischen dem Luxemburger Parlament (Chambre des Députés) und dem…

What to do After an Ignition Interlock Violation in Texas

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A drunk driving conviction can result in a number of significant legal penalties, including the installation of a deep lung device, also known as an ignition interlock device. Like a breathalyzer, these devices measure the amount of alcohol in a…Read more ›

New Massachusetts Criminal Sentencing Best Practices Seek to Reduce Over-Incarceration

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In May 2016, the departments of the Massachusetts Trial Courts that handle criminal offenses issued recommended protocols and best practices designed to assist judges to impose appropriate but not overly punitive criminal sentences.  The reports emerging from the working groups of the District Courts and the Boston Municipal Court and the Superior Court explicitly share the goal of reducing over-incarceration while making use of the social science evidence available regarding which sentences (particularly including conditions of probation) are most likely to successfully prevent recidivism. I focus here on the detailed Superior Court Report (“Criminal Sentencing in the Superior Court: Best Practices for Individualized Evidence-Based Sentencing”), which sets forth principles intended to guide judges in imposing sentence.  Many are uncontroversial, such as that judges should impose sentences consistent with goals including “deterrence, public…

Refugee Women on Greek Islands in Constant Fear

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AP Photo/Thanassis Stavrakis By Giorgos Kosmopoulos, Amnesty International LESVOS, Greece – Shirin, an Afghan journalist, was once shot at by the Taliban. After fleeing near-fatal attacks in her country in the hope of finding safety in Europe, she now lives in constant fear in a transit refugee camp in Greece. She is, in fact, just one of many women who have fled harm and persecution, only to face new fears of sexual harassment and violence in the camps on the Greek islands. “We are treated like animals. I’d rather be shot again than endure these conditions,” Shirin, not her real name, told Amnesty International at the Kara Tepe camp on the island of Lesvos. It was 18 months ago that the Taliban shot at Shirin’s car. Initially, she fled to Kabul, where she found another journalism job, this time behind the camera. “It’s very dangerous for a woman journalist in Afghanistan,” she said. She continued to receive threats over the…

White Collar Crimes in California

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“OPERATION SPINAL CAP” Many people think of crimes as acts of violence that causes harm to others, but there is probably just as much harm done by white-collar criminals—and sometimes these criminals are even wearing a white coat. Consider the scheme involving numerous doctors, hospital administrators (including a hospital CEO and CFO), chiropractors, and other healthcare professionals at Long Beach Pacific Hospital. So far, at least nine healthcare workers and administrators have pleaded guilty to charges related to this healthcare scheme that ran into the hundreds of millions of dollars wherein doctors and other health professionals were paid illegal kickbacks to refer patients to Pacific Hospital in Long Beach. Even ex- state Senator Ron Calderon is implicated by the former CEO of Pacific Hospital, Michael Drobot Sr., an Orange County resident, who told authorities that he paid bribes to the senator while he was still in office to support legislation that…

Two Drug Offenders in Texas Have Their Sentences Commuted by the President

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Society takes a dim view of drug offenders but sentences of life in prison seem unduly Draconian when their offenses didn’t involve violence. This certainly appears to be the view of President Barack Obama whose office has commuted the sentences of two drug offenders from Texas. The offenders whose sentences have been commuted are Douglas Ray Dunkins Jr., 50 and ... Read More The post Two Drug Offenders in Texas Have Their Sentences Commuted by the President appeared first on .

"Violation of knock-and-announce on a 6 am arrest warrant execution leads to suppression despite Hudson"

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FourthAmendment.com excerpts United States v. Vasquez, 2016 U.S. Dist. LEXIS 71856 (D.Conn. June 2, 2016), notable "because seldom can a court get around Hudson." From the opinion: Further, I emphasize that the determinative circumstances in this case were not the...

WaPo: FBI wants access to Internet browser history without a warrant in terrorism and spy cases

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WaPo: FBI wants access to Internet browser history without a warrant in terrorism and spy cases by Ellen Nakashima: The Obama administration is seeking to amend surveillance law to give the FBI explicit authority to access a person’s Internet browser … Continue reading →

Collective Guilt a/k/a White Males Stink

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The Stanford rapist, Brock Turner, got a six month sentence for a more-disgusting-than average (if that makes any sense) attack on an inebriated woman.  As I've previously noted, once the trial rolled around, his defense lawyer went to town on the victim.  He did this in a display of vicious misogyny any normal person would find shocking.His cross-examination was not an attempt to create reasonable doubt, none being possible about whether an unconscious person can consent to sex.  It was an attempt to punish the victim for coming forward.There are those in my profession  --  indeed, almost certainly a majority  --  who think this kind of lawyering is permissible, if not required.  All in the for client, dontcha know.I dissent.  Being a lawyer is not a ticket beyond the boundaries of decency.At the same time, being a white male is not a ticket to blanket condemnation, either. Thus, this "news story" (not on the…

Ignition Interlock Device No Longer Required Drug DUI Penalty in Arizona

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Arizona drivers currently found guilty of DUI charges are required to install and use an ignition interlock device (IID). It doesn’t matter that their DUI did not involve alcohol.  It doesn’t’ matter that they never used alcohol a day in their lives. Requiring a person convicted of a drug DUI to install and submit to an IID screening before they can start their vehicle, never made a lot of sense. This was particularly true if the driver didn’t drink alcohol, considering that current IID technology does not allow for detection of drugs in a person’s body. Current IID technology is limited to detection of spirituous liquor on a person’s breath during exhalation. Requiring someone who doesn’t drink to install an IID following a drug DUI conviction may have served a punitive purpose; but it doesn’t do much to prevent a driver from driving impaired due to drugs. This however, is about to change. Arizona’s SB 1228 has passed,…

Final Update - Multiple Vehicle Crash Near Hazelton Claims One

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 06/07/16 8:01 a.m. Please direct questions to the District Office ***Final Update*** IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 06/07/2016 6pm Please direct questions to the District Office On Monday, June 6, 2016, at 8:33pm, Idaho State Police investigated a multi-vehicle crash that resulted in several injures and one fatality eastbound on I84 at mile marker 191.5, near Hazelton, ID. The investigation…

Traffic North of Blackfoot Results in Drug Arrests

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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: 06/07/16 7:00 PM Please direct questions to the District Office On June 7, 2016 at about 11:00 am, an ISP Trooper stopped a 2016 Ford Fusion for a traffic violation northbound I-15 at milepost 97. The driver, David Taylor age 62 and passenger Bambi Tomlin, age 54, both from Billings, MT were arrested for felony trafficking of methamphetamine, misdemeanor possession of a controlled substance, and possession of drug paraphernalia. ?Two pounds of methamphetamine were seized from the vehicle along with 3 grams of marijuana and drug paraphernalia. Taylor and Tomlin were booked into the Bingham County Jail. FZ/EH -------------
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