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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    Your hotel might offer complimentary Wi-Fi. However, you are under no obligation to use it. Hackers may be attempting to imperil your computer, particularly if you are considered a high-profile target who is staying at luxury hotels throughout the world. According to a report by ZDNet, the DarkHotel hacking group is back, after having been active for more than 10 years. It engages in cybercrime that uses malware attacks to target business travelers. Cyber security experts believe that the hackers gain remote access to, and take advantage of, weaknesses in server software or gain entry to the hotel, and access its computers. Those responsible for the cybercrime have continued to change their tactics, combining phishing and social engineering, in an effort to spy on personnel, CEOs and other officials in high positions. The DarkHotel perpetrators are now using a new kind of malware called Inexsmar. As with other forms of undercover operations, Inexsmar starts with phishing…

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    LOS fujimori y su FARSA para alcanzar el poder El 10 de julio de 2017 escribí bajo el título que cito y vaticinaba y sostengo el mismo futuro para las elecciones del año 2021 que, los hermanos fujimori están montando toda una FARSA para llegar a las próximas elecciones con dos candidatos fujimori a la segunda vuelta, es tan claro para mí que no entiendo porqué los opinólogos no analizan esta posibilidad. Piensan acaso amigos que, ¿Al postular Kenyi le quita votos a Keiko? un análisis simple nos dice que, efectivamente, si postulan los dos el caudal de Keiko obviamente sufrirá un recorte que, serán "prima facie" absorbido por su hermano, pero éste tiene su público al que ha conquistado gracias a la miseria en la que viven con regalitos de todo tipo y ambos con sus respectivos votos cercenarán el caudal de los otros postulantes al sillón de la suerte, en…

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    As the name implies, the exclusionary rule works to exclude or “leave out” a piece of evidence in a criminal or civil trial. Essentially, this rule is used in courts across the U.S. to keep people’s constitutional rights from being abused by police or other government agents. Anyone who has watched CSI or other crime dramas on television has probably heard of the exclusionary rule, however most of these shows don’t properly depict how this rule can impact the outcome in real world cases. Essentially, evidence that is gathered by the prosecution in an unlawful manner should be excluded from trial. When evidence is obtained in an illegal manner it may violate the constitutional rights of the defendant; if so, it cannot be used as evidence against the defendant in an effort to secure a conviction. Examples of this are when police, law enforcement agencies, or other government agencies collect evidence in an unlawful search or seizure, or other conduct that…

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    At the time of the American Revolution, criminal law was a mixture of case law and statutes, with the elements of some crimes being established by courts and therefore changeable by them.  In some Eastern states that is still the case.  In Massachusetts, the basic felony-murder rule comes from case law, and today the Supreme Judicial Court abolished it, prospectively only, in Commonwealth v. Brown, SJC-11669.Generally, murder is distinguished from manslaughter by the mental element of "malice."  Definitions of "malice" vary among the states.  Under the felony-murder rule, the intent to commit certain dangerous felonies (e.g., robbery) supplies the mental element so that every participant in the robbery is guilty of murder if someone is killed.  In its most extreme form, one robber can be guilty of the murder of the other if the other is justifiably killed by the robbery victim.  Even I think that's going way too far.I have…

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    Binge drinking is a problem in Nevada. It seems to be a particular issue for Las Vegas. It may occasionally be locals who indulge in this bad habit, but it’s more often visitors who have come here looking for a good time. Unfortunately, that good time frequently turns into time behind bars. Experts define binge drinking as consuming five or more drinks in a single session for men and consuming four or more drinks in a single session for women. That may not sound like a lot of drinks to you, especially if you’re spending a few hours sitting at the poker table or watching the game with friends. However, that many drinks in one session is definitely enough to impair your driving abilities, and it could certainly get you arrested for a DUI. Statistics suggest that kids under 21 are particularly prone to binge drinking. In fact, estimates say that 90 percent of the alcohol consumed by this age group is ingested during a binge drinking session. Considering that teens 16…

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    William S. Laufer (University of Pennsylvania - Legal Studies Department) has posted The Missing Account of Progressive Corporate Criminal Law on SSRN. Here is the abstract: This Article offers a modern progressive account of corporate criminal law using foundational principles...

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  • 09/20/17--10:33: CALIFORNIA DUI ARRESTS
  • EVEN POLICE OFFICERS, DISTRICT ATTORNEYS, AND JUDGES GET ARRESTED FOR DUI How can we explain all the people who should know better getting DUIs? Never mind the average driver, who should know better, what about the cops, the firefighters, the attorneys, even the judges who get DUIs. It happens all the time in California and in every state. In Austin Texas, the District Attorney—not a district attorney—but the District Attorney, an elected official who was the head of the District Attorney’s Office in that city of over 1 million people, was arrested for driving while intoxicated (DWI) in 2013. She was driving in a bike lane (good thing there were no bikers in the lane) for more than a mile and was also observed veering into oncoming traffic. When she was stopped by the police, they found an opened bottle of vodka on the front seat. Her BAC was 0.239! Folks, that is three times the limit and near the level that results in alcohol poisoning and loss of…

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  • 09/20/17--10:38: --none--
  • Equifax Breach: A Cybercrime That Affected Millions of Americans You have probably heard about the Equifax breach by now. As far as identity theft crimes goes, this was a big one. An estimated 143 million people in the United States may have had their personal information compromised when cybercriminals gained access to the Equifax database, which included social security numbers and driver’s license numbers. The breach took place from mid-May to July and although it was discovered on July 27, Equifax did not reveal this breach to the public until September 7. It is estimated that over 50% of those with a credit bureau report was affected. Continue reading →

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  • 09/20/17--10:41: News Scan
  • Habitual Felon's Murder Conviction Upheld:  A unanimous panel of California's 2nd District Court of Appeal upheld the murder conviction and life sentence of habitual felon Steven Brown yesterday.  Bay City News reports that Brown was convicted of the October 2013 stabbing murder of his children's maternal grandmother, 53-year-old Kellye Taylor. Taylor, a school teacher who had custody of Brown's three children, was watching her students during recess at a Long Beach park when Brown attacked her with a knife.  The murder was observed by other teachers and Brown was caught 1/4 mile from the park with the victims blood on his clothes.  At trial he claimed that he attacked her in self defense after she reached into her purse for a possible weapon.  Brown who had spent time in prison for residential burglary and robbery, received an 86-years-to-life sentence for the murder.

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    More than 200 bodies have been pulled from the rubble of Mexico City. The photos and videos from Spanish station news last night were horrifying. A school collapsed with children inside. “There are around 600 children at the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

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    Washington defendants are entitled to a unanimous jury verdict.  Washington criminal defense attorneys know, however, that this general rule can become complicated when there are multiple acts underlying the charges.  If multiple acts could each form the basis of a charge, and the state presents evidence of each, either the state must elect which act is the basis of the charge, or the jury must be instructed on unanimity.  If the multiple acts are all part of a continuing course of conduct, there is no requirement for an election or instruction.  Additionally, multiple acts may be presented as alternative means of committing the crime.  If there is sufficient evidence to support each means, express unanimity is not required.  A Washington appeals court recently addressed these issues in a case in which a man was charged with residential burglary after allegedly violating a no-contact order and assaulting his wife. The defendant was charged with…

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    Kent noted two weeks ago an article showing that the conclusions of the academic "experts"called criminologists tend to be skewed by their leftist tendencies.  One could hardly imagine a better example than the "report" noted this morning here at Sentencing Law and Polcy. The title of the entry is, "Jeff Sessions's evidence-free crime strategy." It's by John Jay College Professor David Kennedy.I won't try to gussy it up:  Jeff Sessions should be flattered to be criticized by an article so thoroughly truth-free as this The article's excerpt, presented by Prof. Doug Berman, goes on at greater length than I am inclined to answer in full, but a few juicy tidbits will suffice. I'll take it from the top.The emerging Department of Justice crime-control strategy is a criminologist's nightmare. Over the last thirty years researchers, law enforcement leaders and communities have pushed for smarter,…

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    Michael Vitiello (University of the Pacific - McGeorge School of Law) has posted Brock Turner: Sorting Through the Noise (McGeorge Law Review, Forthcoming) on SSRN. Here is the abstract: This article begins with a quick test. The author asks his...

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    Hurricane Maria did not spare Puerto Rico. Hurricane Maria churned across Puerto Rico Wednesday as the most powerful storm to strike the island in more than 80 years, knocking out power and water to nearly the entire population and leaving people... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

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    In the state of Florida, police frequently set up drunk driving checkpoints where they randomly stop drivers to determine if they might be too drunk to drive. These checkpoints have caught many intoxicated drivers. However, some opponents to the use of DUI checkpoints claim that they are a violation of privacy and unlawful. So the question is, what's the legal justification for drunk driving checkpoints? Why are drunk driving checkpoints allowed? Many have attempted to challenge sobriety checkpoints as unlawful in Florida and other areas of the nation. Part of the reason relates to the fact that police are not supposed to be able to pull over drivers or investigate them without a proper reason. However, in spite of them being challenged, checkpoints survive and continue to be allowed in Florida. The U.S. Supreme Court tends to uphold the U.S. Constitution by protecting our 4th Amendment right to be free of unlawful search and seizure. However, even the Supreme Court…

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    Police recently arrested a hit-and-run suspect in Sunrise after the man allegedly struck a bicyclist who was on her way home fro work. The suspect comes to court as an experienced defendant, as this offense represents his sixth traffic violation just this year, including prior misdemeanors and felony counts. That was double as many as he had in 2015, when he was cited three times for traffic crimes, including a single-car crash.  According to The Miami Herald, he also has prior offenses for resisting arrest without violence, possession of marijuana, possession of drug paraphernalia and speeding. He is now facing a felony charge of leaving the scene of an accident with serious injuries. Per F.S. 316.027, it carries a maximum penalty of five years in prison. He is just 21-years-old. In order to qualify as a “serious injury,” alleged victim must have suffered a physical condition that creates a substantial risk of death, serious personal disfigurement or a…

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    Some of the facts in the fatal shooting of Anthony Lamar Smith in December 2011 by former St. Louis police officer Jason Stockley are not in dispute.   On December 20, 2011, Stockley and his partner Brian Bianchi witnessed a suspected drug transaction in a restaurant parking lot involving Smith. The officers attempted to investigate the transaction. Smith sped away, leading to a high speed police chase. During the chase, a police radio recorded Stockley saying, “we killing this motherfucker, don’t you know.” The police chase ended. Stockley and Bianchi approached Smith’s vehicle. Bianchi called out that Smith was reaching for a gun. Stockley fired five shots into Smith’s vehicle, killing him. Stockley said he recovered a revolver from Smith’s vehicle.   $900K Settlement for “No Wrongdoing”   Routine criminal and departmental investigations were conducted into the shooting of Lamar Smith in 2012. As is often the…

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    The Law Offices of Randolph Rice have been helping Maryland families who have lost a son or daughter in an accident. We strive to ensure that the families of the lost soul receive fair compensation after an accident because of someone else’s negligence. We have multiple offices around Baltimore, but fight for families who have lost a son or daughter in a car, truck, motorcycle or any other accident throughout Maryland. We have proven over and over that are legal representation returns success in and out of the courtroom for our clients. What can I do if my son or daughter is killed in an accident? If you’ve lost a son or daughter in a car accident, you as the parent or parents have legal rights. Call the office today to learn how we can help get you the compensation from our skilled Maryland wrongful death attorneys at 800-470-RICE. What can a lawyer do after my son or daughter died in an accident? In Maryland, there are two types of claims that can be filed if…

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