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When Police Can't Maintain Order, The Law Abiding Suffer

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Earlier this month, the Justice Department released a report accusing the Baltimore Police Department of racism, making particular note of the police practice of clearing corners of loiterers and trespassers in high-crimes areas.  This practice of enforcement, said federal lawyers, is oppressive to minority communities, a stance echoed by Black Livers Matter activists, academics and the press.  But what about the law-abiding people that actually live in such areas?  What do they want police to do in their communities?  As a matter of fact, they are begging the police to enforce trespassing and loitering laws.  In this article in the National Review, Heather Mac Donald writesThis critique of public-order enforcement ignores a fundamental truth: It's the people who live in high-crime areas who petition for "corner-clearing." The police are simply obeying their will. And when the police back off of such order-maintenance strategies under…

Green on Candor in Criminal Advocacy

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Bruce A. Green (Fordham University School of Law) has posted Candor in Criminal Advocacy (Hofstra Law Review, Vol. 44, No. 1105, 2016) on SSRN. Here is the abstract: This Article, in Monroe Freedman’s memory, examines prosecutors' and criminal defense lawyers'...

Criminal Complaint Filed in Short Sale Transaction

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Naum Morgovsky was named in a criminal complaint filed in the United States District Court for the Northern District of California on August 24, 2016, alleging that he committed bank fraud in violation of 18 U.S.C. Section 1344. The Affidavit in Support of the Criminal Complaint alleges that, in 2009 and 2010, Morgovsky used the name Gary […]

Incentive Based Deals Result in Criminal Charges Against Buyer

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Maria Del Carmen Rodriguez, Miami, Florida was charged by Information with Conspiracy to Commit Bank Fraud on August 29, 2016 in the United States District Court for the Southern District of Florida. According to the Information, at least as early as January 2007, Juan Carlos Sanchez, operating Homefirst Realty Group, Inc., began marketing the Marina […]

One Vehicle Crash Near Blackfoot

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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: 08/31/16 4:47 P.M. Please direct questions to the District Office Idaho State Police is on scene with a one vehicle rollover crash on southbound Interstate 15 near milepost 87, near Blackfoot. The right lane of travel is blocked. More information will be released when available. JW / SG -------------

Ferzan & Westen on Rape

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Kimberly Kessler Ferzan and Peter K. Westen (University of Virginia, School of Law and University of Michigan Law School) have posted How to Think (Like a Lawyer) About Rape (Criminal Law and Philosophy (Forthcoming)) on SSRN. Here is the abstract:...

GUEST POST: FATHERLESS IN NORTH AMERICA

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TERRY BRENNAN is the co-founder of “LEADING WOMEN FOR SHARED PARENTING”, an organization based in the United States, with invited members located world-wide. Members include women who are Senators, members of the House of Representatives, state and municipal politicians, social workers, psychologists, scientists, psychiatrists, journalists, attorneys, child custody experts, domestic violence experts, and many other professional women. I am a member of LEADING WOMEN FOR SHARED PARENTING and proud of it. Terry Brennan’s  letter to the editor  of the Kearney Hub, a Nebraska publication, dated August 30, 2016, has caused quite a stir in the Cornhusker State, a state whose Bar Association actively lobbied against shared parenting in an attempt to maintain the revenue they earn from custody litigation. They were successfully sued for their misguided efforts. “Terry Brennan Letter to the Editor The Kearney Hub deserves praise for calling out the…

Record and About Equal Unpopularity of Pres. Candidates

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Results of the ABC News/Washington Post Poll are available here.  The polling agency's report is titled, Clinton Hits a New High in Unpopularity; On Par with Trump Among Reg. Voters.Specifically, that is 38-59 for Clinton and 37-60 for Trump in a poll with a sampling error of 3.5%.Clinton does a little better and Trump does a little worse when the mix is not limited to registered voters.

Clemency advocate explains her view on "How to inspire criminal justice reform"

Can you predict a verdict based on the length of jury deliberations?

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The Right to a Jury Trial in Criminal Cases The Sixth Amendment to the United States Constitution guarantees the right to a trial by an impartial jury in criminal cases. The Sixth Amendment has been interpreted to bestow the right to a unanimous jury in criminal cases in federal courts and in 48 of the 50 states. (Louisiana and Oregon still permit verdicts if at least ten of the twelve jurors can agree.) How long are jury deliberations? There is no set time limit for jury deliberations. Once testimony has concluded and the jury has been given the charge – the judge’s written instructions on the law –  the ball is in the jury’s court. Jurors will go behind closed doors, where they will deliberate in secret until they reach a unanimous decision about a defendant’s guilt or innocence. This can take five minutes, five hours, or five days. What’s the longest jury deliberation in history? Official statistics aren’t kept on jury…

CARTA ABIERTA AL ALCALDE DE CIENEGUILLA

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CARTA ABIERTA AL ALCALDE DE CIENEGUILLA Lima 31 de agosto de 2016 Señor Emilio Chávez Huaringa Alcalde de Cieneguilla Asunto: Amnistía pago de Arbitrios e Impuesto Predial He escrito muchas veces contra usted y lo seguiré haciendo mientras  usted o sus colaboradores sean ineficientes y carentes de sentido común, ya le dije señor Alcalde ¡piense!, es gratis. Hoy 31 de agosto de 2016 ha sido el último día de la amnistía  otorgada por el Concejo, razón por la cual decidí acogerme al beneficio, lo hice con cierta preocupación pues imaginaba una cola  muy larga conociendo como son los peruanos, me sorprendí al no encontrar a ningún vecino. Me dirigí a la Dirección de rentas donde fui atendido por la señorita  Pamela Jara explicándole que deseaba pagar tanto el Impuesto a los Predios como los Arbitrios…

Parkville man pleads guilty to receipt of child pornography, filming girls at swim meets

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For some time I have looked for a description of what is considered CP, this blows my mind. Parents need to be especially careful of their choice of clothing for all family members. You never know who is out there taking pictures or videos.8-31-16 Maryland: Baltimore, Maryland – Ruben Uy Lim, age 53, of Parkville, Maryland, pleaded guilty on Tuesday to receipt of child pornography. Lim also

"Court Costs Entrap Nonwhite, Poor Juvenile Offenders"

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From The New York Times: The ways that fines and fees can entrap low-income people in the adult courts have received enormous attention in the past year or two. But the systematic imposition of costs on juvenile offenders, with equally...

Minnesota Court Okays DWI Test for Drugs

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Suppose a police officer asks someone suspected of a DUI in Los Angeles to consent to a test to measure the blood alcohol content in their body. If the blood test turns up evidence of drug usage—which the officer did not mention in his request for that blood test—can the state use those results to win a DUI conviction? The Minnesota Supreme Court recently addressed a similar question in a ruling in a 2014 DWI case. According to a report by Minnesota Public Radio, police requested a warrant to draw Debra Fawcett’s blood after she ran a red light and caused a two-vehicle crash. Fawcett admitted to drinking a few beers earlier in the day. The test results showed that Fawcett’s blood was alcohol free. However, they also revealed that she had THC (the active ingredient in marijuana) and Alprazolam in her bloodstream. (Physicians often prescribe Alprazolam, better known by its trade name Xanax, for anxiety disorders.) Fawcett did have a valid prescription for…

School Suspensions in Massachusetts wrongfully imposed, student seeks recovery in court

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Regardless of whether or not criminal behavior takes place on school grounds, students may be susceptible to facing  punishment a school opts to impose after the completion of a crime.  In the case of Goodwin v. Lee Public Schools decided on August 23, 2016, the student, a public high school senior at the time, was suspended from school in December of 2011. The suspension was based off of the understanding that student had been charged with a felony, when in fact, no charges had actually been filed at the time of her suspension. – – – What You Should Know About the Case – – –  Continue reading The post School Suspensions in Massachusetts wrongfully imposed, student seeks recovery in court appeared first on Massachusetts Criminal Defense Lawyer Blog.

"A Criminal Law Focus to Begin the U.S. Supreme Court’s New Term"

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Rory K. Little has this post at White Collar Crime ProfBlog, summarizing the early cases on the Court's argument docket: In a somewhat unprecedented calendaring wrinkle, the entire first week of oral arguments at the Supreme Court this coming Term,...

"Obama grants clemency to 111 non-violent prisoners"

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From Jurist: JURIST - Obama grants clemency to 111 non-violent prisoners US President Barack Obama [official website] on Tuesday granted clemency [press release] to 111 non-violent criminal offenders, including 35 federal offenders serving life sentences. These new grants of clemency...

One Vehicle Crash Near Blackfoot

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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: 08/31/16 9:02 P.M. Please direct questions to the District Office ***** Update ***** On August 31, 2016, at approximately 4:08 P.M., Idaho State Police investigated a one vehicle injury roll over crash on southbound I15 near milepost 87, near Blackfoot. Cheyanne Blair, 23, of Pocatello, was driving northbound on I15 in a 2003 Buick Park. Blair drove off the left shoulder, through the median and onto the southbound lanes. Blair then drove off the right shoulder of the southbound lanes of travel, and rolled the vehicle, coming to rest in the right lane of the southbound side. Blair and her two passengers, Aaron Wallowingbull, 25, of Ethete, WY, and Melanie Longoria, 33, of…

Intricate Montgomery County Marijuana Ring Busted

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Six suspects have been charged with numerous drug crimes after local and federal police officers busted a large-scale marijuana distribution ring operating out of multiple quiet suburban neighborhoods. While the operation was based Montgomery County, where the charges have been filed, the six young men allegedly operated out of numerous storehouses for their product in other areas such as Baltimore County and even Virginia. According to police, the pot would be shipped in from California or Oregon and delivered to various homes in nondescript packages by the U.S. Postal Service. A network of dealers would then spread the product around, sometimes using Uber as their method of transportation. Montgomery County Police and the Postal Police worked together on the investigation, which yielded a seizure of upwards of 85 pounds of pot worth over $300,000 on the street. Although multiple people have been charged, investigators believe they have singled out the mastermind of the…

***UPDATE*** Motorcycle Crash on I84 Sends Two to the Hospital

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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: 09012016 2:18 p.m. Please direct questions to the District Office *****UPDATE*** (Correction) Travis Myers succumbed to his injuries on Monday, August 30, 2016. (WJS/EH) *****END OF UPDATE*** On August 18, 2016, at 7:35 a.m., the Idaho State Police investigated an injury crash eastbound on Interstate 84 near milepost 46, near the Eagle Road off ramp. Travis Myers, 30, of Garden City, was driving a 2008 Kawasaki motorcycle in the far left lane. Lorraine Tracy, 52, of Wilder, was driving a 2014 Chevy Impala, also in the far left lane and in front of Myers. Myers failed to slow for Tracy slowing in front of him, swerved to the right in an attempt to avoid Tracy, but struck…
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