• News Scan

    Updated: 2012-03-30 19:37:35
    HOME Main News Scan March 30, 2012 12:37 PM Posted by CJLF Staff 0 Comments A rkansas Considers Barring Sex Offenders From Internet Access : Andy Davis of the Arkansas Democrat-Gazette reports the Arkansas Board of Parole is considering whether to adopt a policy which would initially bar all paroled sex offenders from using the internet . Parolees could request permission to access the internet for a specific purpose , such as use in the workplace . The board currently prohibits internet access for certain paroled sex offenders on a case-by-case basis . Kim Knoll , an assistant area manager with the Department of Community Correction , said parole officers have found that offenders are frequently using the Internet to download child pornography and communicate with children . At issue is

  • Can Employers Require You to Disclose Your Facebook Password?

    Updated: 2012-03-30 18:13:23
    Many people see employers requiring employee's Facebook passwords as an unnecessary invasion of privacy, and a few state legislatures are currently considering bills that would outright ban this practice.

  • Holy traffic stops, Batman!

    Updated: 2012-03-30 17:24:06
    The guy pulled over by police while dressed as the Caped Crusader has given us all a good laugh, but it turns out he really is a hero, in his way. Michael Rosenwald reports in the WaPo.

  • Non-non-non nonsense

    Updated: 2012-03-30 17:13:09
    HOME Main Holy traffic stops , Batman Non-non nonsense March 30, 2012 10:13 AM Posted by Kent Scheidegger 1 Comment Gov . Brown's realignment program for California prisoners assured us that the prisoners pushed down to local jails from state prison would be only the non-serious , non-violent , non-sex offenders . nbsp Serious refers to a specific list of felonies in Penal Code 1192.7. It's an unfortunate term , given that any crime properly classified as a felony is . serious But there is a problem , as Sally Morris reports for the Trinity Journal from a mountainous county way up north W hether we agree with AB 109 or not , I am responsible for supervising some very serious folks released into our community , Trinity County Chief Probation Officer Terry Lee said , adding the non , non ,

  • Who are "the people"?

    Updated: 2012-03-30 16:28:42
    HOME Main Non-non nonsense Who are the people March 30, 2012 9:28 AM Posted by Kent Scheidegger 0 Comments Some provisions of the Constitution confer rights on citizens . These include the suffrage amendments and the two privileges and immunities clauses . nbsp Other confer rights on the people , and the Second Amendment right to bear arms is among them . nbsp So can a state law deny legal , permanent resident aliens the right to own a handgun No , says the federal district court in Massachusetts in Fletcher v . Haas No . 11-10644 Mar . 30, 2012 They are included in the people . Thanks to Eugene Volokh for the . link BTW , the statute also uses the word firearm where it really means handgun . Long-barreled rifles and shotguns are not firearms in this statute . nbsp I understand that people

  • Cooper/Frye SCOTUScast

    Updated: 2012-03-30 15:46:25
    The Federalist Society has this podcast on last week's Supreme Court decisions in Missouri v. Frye and Lafler v. Cooper by CJLF's Legal Director Kent Scheidegger.

  • Copying and Theft

    Updated: 2012-03-29 20:47:42
    HOME Main Copying and Theft March 29, 2012 1:47 PM Posted by Kent Scheidegger 0 Comments The entertainment industry , in its fight against illegal copying , likes to use words describing common law crimes , such as piracy and theft . Prof . Stuart Green of Rutgers has this op-ed in the NYT opposing this rhetorical strategy . Not that he is in favor of illegal downloading , of course . nbsp His point is that the crimes are different , and we should use different . terms Illegal downloading is , of course , a real problem . People who work hard to produce creative works are entitled to enjoy legal protection to reap the benefits of their labors . And if others want to enjoy those creative works , it's reasonable to make them pay for the privilege . But framing illegal downloading as a form

  • News Scan

    Updated: 2012-03-29 17:11:22
    HOME Main Copying and Theft News Scan March 29, 2012 10:11 AM Posted by CJLF Staff 0 Comments Victim Notification Law Signed by Idaho Governor : KMVT News ID reports Idaho Governor C.L . Butch Otter signed into law House Bill 595, which requires those convicted of felonies and misdemeanors to pay 10 to fund VINE Victim Information Notification Everyday which notifies victims of their offender's incarceration and court status . Once a victim or other interested person registers in the VINE system , they will be automatically notified when the offender they registered against is released from custody or is scheduled to appear in court by telephone or email . VINE has been managed in the state for almost three years from grants , which expire in 2012. The new law creates sustainable funding

  • SCOTUS Denies Stay to Baby Killer

    Updated: 2012-03-28 22:22:48
    HOME Main SCOTUS Denies Stay to Baby Killer March 28, 2012 3:22 PM Posted by Kent Scheidegger 1 Comment The orders are here and here Michael Graczyk had has this story earlier for AP . nbsp The same link now points to an updated story . Jesse Joe Hernandez already was a convicted child sex offender when he was arrested for the horrendous beating in 2001. Karlos Borjas age 10 months had a skull fracture amid bruises to his head , thigh and abdomen when he was taken off life support after a week in a Dallas hospital . His 4-year-old sister also was attacked but survived with swelling and bruises on her forehead , eyes and behind her . ears I just remember all the bruises and tubing , recalled Howard Blackmon , a former assistant Dallas County district attorney who prosecuted Hernandez for

  • Three From Brockton Charged With Firearms Violations, Drug Conspiracy in Stoughton Massachusetts Court

    Updated: 2012-03-28 20:22:13
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Three From Brockton Charged With Firearms Violations , Drug Conspiracy in Stoughton Massachusetts Court March 28, 2012 Posted In : Drug Crimes Firearms By Stephen Neyman , . P.C on March 28, 2012 2:22 PM Permalink Yesterday afternoon there was a shootout in the parking lot of a WalMart store in Avon , Massachusetts . Police have not yet disclosed the nature of the incident or its details yet three Brockton residents have been arrested . Ashley Weiner , Keenen Hart and Keshawne Murphy have all been charged with Possession of a Firearm and Conspiracy to Violate the Massachusetts Controlled Substances

  • ID-less Excluded From College Entrance Exams

    Updated: 2012-03-28 20:06:28
    HOME Main SCOTUS Denies Stay to Baby Killer ID-less Excluded From College Entrance Exams March 28, 2012 1:06 PM Posted by Michael Rushford 0 Comments Will James of the Wall Street Journal reported today that the organizations that administer the SAT and ACT college entrance exams are implementing security measures to prevent impersonators from taking the test on behalf of students . nbsp Among these will be a requirement that all students planning to take the tests sign up in advance and upload or mail a photo of themselves which will be printed on a ticket , which will be checked against a student's photo ID on the day of the test . nbsp When , one might ask , is the Justice Department going to seek an injunction to block this requirement which blatantly discriminates against every poor

  • News Scan

    Updated: 2012-03-28 17:38:26
    HOME Main ID-less Excluded From College Entrance Exams News Scan March 28, 2012 10:38 AM Posted by CJLF Staff 0 Comments Bill Introduced to Set Uniform National Standard for Evidence Production in Federal : Courts John R . Emshwiller and Gary Fields of the Wall Street Journal report Senator Lisa Murkowski R Alaska this month introduced a bill in the Senate to set a single national standard for prosecutors in federal criminal cases to share evidence with defendants that points toward possible innocence . There are currently a variety of policies and practices across the 94 federal judicial districts in the nation regarding how much exculpatory material must be turned over to defendants . Murkowski says the aim is to provide for a level of uniformity and make sure constitutional rights are

  • Standing More Ground

    Updated: 2012-03-28 17:10:36
    HOME Main News Scan Standing More Ground March 28, 2012 10:10 AM Posted by Kent Scheidegger 2 Comments David Kopel has this post at the Volokh Conspiracy making the same point I made yesterday Eventually , a grand jury will issue a report based on its investigation . In the meantime , there are two competing narratives . In one narrative , Zimmerman followed Martin , attacked him , and then murdered him . Let's call this the M narrative . In Zimmerman's account , he followed Martin , caught up with him , and then left while he was leaving , Martin attacked him , knocked him to the ground , and began slamming his head into the pavement . Let's call this the Z narrative . I am not making any judgment about which narrative is more plausible . The grand jury will do that . For now , it should

  • Prisoners, Work, and Markets

    Updated: 2012-03-28 15:37:00
    , , HOME Main Standing More Ground Prisoners , Work , and Markets March 28, 2012 8:37 AM Posted by Kent Scheidegger 0 Comments Professor Stephanos Bibas has been guest-blogging at SL P about his new book . nbsp The main theme is how punishment has changed since the old days , and not all of the changes are good . nbsp In today's post he focuses on prisoners . working Prisons must change from dens of idleness and crime to places of public accountability , mandatory work , and sustained reform . First and foremost , prisons must force all able-bodied prisoners to work . Governments could abolish restrictions on trade in prison-made goods and prevailing-wage requirements , relying on competitive bidding to raise wages . While medium- and maximum-security inmates would have to work in prison

  • But where's the outrage over the daily scourge of black-on-black crime?

    Updated: 2012-03-28 14:48:06
    HOME Main Prisoners , Work , and Markets But where's the outrage over the daily scourge of black-on-black crime March 28, 2012 7:48 AM Posted by Kent Scheidegger 0 Comments Juan Williams has this op-ed in the WSJ , with the above : subtitle The shooting death of Trayvon Martin in Florida has sparked national outrage , with civil rights leaders from San Francisco to Baltimore leading protests calling for a new investigation and the arrest of the . shooter But what about all the other young black murder victims Nationally , nearly half of all murder victims are black . And the overwhelming majority of those black people are killed by other black people . Where is the march for them See also the crime chapter of Williams' book , Enough : The Phony Leaders , Dead-End Movements , and Culture of

  • Consecutive Federal and State Sentences

    Updated: 2012-03-28 14:25:17
    HOME Main But where's the outrage over the daily scourge of black-on-black crime Consecutive Federal and State Sentences March 28, 2012 7:25 AM Posted by Kent Scheidegger 0 Comments The US Supreme Court decided Setser v . United States today , holding that a federal court has discretion to order that a new federal sentence run consecutively to an anticipated state sentence revoking probation for an earlier state . conviction The case has an interesting SCOTUS practice twist . nbsp The government declined to defend the lower court's judgment , contending that concurrent-vs . consecutive was the Bureau of Prison's decision , not the judge's . nbsp The Court appointed an amicus to argue in support of the judgment below , Evan Young of Baker and . Botts Normally , the appointed amicus in this

  • The FDA and Thiopental

    Updated: 2012-03-27 22:45:09
    HOME Main The FDA and Thiopental March 27, 2012 3:45 PM Posted by Kent Scheidegger 1 Comment Federal District Judge Richard Leon ruled in favor of the murderers today in their challenge to the FDA allowing importation of thiopental for lethal injection . nbsp Michael Kiefer has this story for the Arizona Republic . nbsp The story quotes the : opinion In the final analysis , the FDA appears to be simply wrapping itself in the flag of law enforcement discretion to justify its authority and masquerade an otherwise seemingly callous indifference to the health consequences of those imminently facing the executioner's needle . How utterly disappointing Use of an exclamation point in a judicial opinion , by itself , should raise a presumption of reversibility . nbsp On top of that , the opinion

  • Music Break – VCMG

    Updated: 2012-03-27 04:14:06
    A really great piece of techno from VCMG, from their latest album Ssss, Single Blip:

  • Global Sociology Blogroll Update – Sociology for The Cool Kidz

    Updated: 2012-03-27 03:46:57
    Via Xavier Molénat, Fabien Hein, sociologist of rock (music, not dang pebbles): So, update your bookmarks, RSS feeds and blogrolls.

  • The Visual Du Jour – Walmart’s Ecological Footprint

    Updated: 2012-03-27 03:17:54
    And how big it really is (here): Now, really, and it has a pretty large ecological footprint:

  • A Dangerous Tuition-Raising Method

    Updated: 2012-03-26 07:57:54
    From A Dangerous Method: Yeah, about that… A law student of Fourah Bay College (FBC) University of Sierra Leone is in the nets of the police for defrauding Eco Bank of Le7.5 million. Sahr Jimmy, who claimed to be a law student at FBC yesterday found himself in the smelly Central Police Station cells for [...]

  • Spare Some Change… For a Ticket?

    Updated: 2012-03-26 07:21:23

  • lawTechCamp 2012 is Looking for Students

    Updated: 2012-03-26 06:37:55
    Are you interested in the intersection between law and technology? Here’s a message from the sponsors: After the great success we had last year with lawTechCamp,we are back again this year and are looking for people to suggest, present sessions, and volunteers. As a refresher, lawTechCamp is a BarCamp-style communityUnConference for new media and technology [...]

  • Music Break – Suede

    Updated: 2012-03-25 04:03:38
    Still busy with the collective bargaining thing… but since I am still also an unrepentant Brit Pop fan, here is some Suede, “She’s in Fashion”:

  • Lynn Massachusetts Man Held After Arrest for Possession With Intent to Distribute Cocaine, School Zone Violation

    Updated: 2012-03-22 20:08:14
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Lynn Massachusetts Man Held After Arrest for Possession With Intent to Distribute Cocaine , School Zone Violation March 22, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on March 22, 2012 3:08 PM Permalink Aaron Glenn Teixeira of Lynn , Massachusetts was arrested Monday pursuant to an arrest warrant . During his apprehension officers found two small bags of crack cocaine and one small bag of marijuana . The arrest took place within one hundred feet of a park or playground . Teixeira has been charged with a School Zone Violation and Possession With the Intent to Distribute a Class B Substance

  • Two Women Arrested For Prostitution, Sex For a Fee Charges in Needham Massachusetts

    Updated: 2012-03-20 23:31:48
    , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Two Women Arrested For Prostitution , Sex For a Fee Charges in Needham Massachusetts March 20, 2012 Posted In : Prostitution Sex Crimes By Stephen Neyman , . P.C on March 20, 2012 6:31 PM Permalink According to a recent article in www.wickedlocal.com just a few days ago two women were arrested and charged with Prostitution or Sexual Conduct for a Fee The arrest took place at a spa in Needham Massachusetts located on Dedham Street . Members of a Norfolk County Anti-Crime Task Force effectuated the arrests after a relative lengthy investigation . Later that day the officers made a similar arrest at a

  • Mississippi Supreme Court Upholds Outgoing Governor’s Controversial Pardons

    Updated: 2012-03-20 19:22:48
    The attorney general of Mississippi decided to challenge these pardons in court, and the Mississippi Supreme Court has just upheld the former governor’s pardons.

  • Queen’s Makes “Outlines” Before Final Exams

    Updated: 2012-03-20 14:42:53
    The law students at Queen’s University recently celebrated their annual talent show “Lawlapalooza”, and kicked things off with this parody of Drake’s “Headlines”.  To all those law students preparing for final exams (and everyone who remembers what that’s like): enjoy.  

  • Massachusetts Motor Vehicle Stop Leads to Arrest, Charges of Trafficking Class B Substance for Scituate Man, 22

    Updated: 2012-03-19 21:28:07
    , , Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Massachusetts Motor Vehicle Stop Leads to Arrest , Charges of Trafficking Class B Substance for Scituate Man , 22 March 19, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on March 19, 2012 4:28 PM Permalink At about 1:15 in the morning a Massachusetts police officer conducted a stop in Norwell . The basis for the stop was that the car had a revoked registration . The passenger had a hollowed out pen under his feet that the officer observed when he approached the car . The pen was covered in tin foil and had a burnt tip . Based on this observation the officer conducted a search of the

  • Report Finds Huge Disparities In Criminal Sentencing

    Updated: 2012-03-19 19:08:07
    The report cataloged thousands upon thousands of criminal sentences and came to a conclusion that many in the legal industry were already aware of: criminal sentences aren’t uniform.

  • NPR Legal Crossword Puzzle

    Updated: 2012-03-19 00:47:29
    NPR just released a legal crossword puzzle. An Across Lite and pdf version is available on their website. Solutions will be released March 20.

  • Can You Imagine a World Without Lawyers

    Updated: 2012-03-18 16:36:14

  • Should People With a Traumatic Brain Injury Be Criminally Culpable?

    Updated: 2012-03-15 17:39:14
    There’s no question that mental illnesses that have been linked to traumatic brain injury are going to become issues in more and more criminal cases, particularly with relation to the insanity defense.

  • Web Resources: Joan Petersilia Explains California’s Realignment Policy

    Updated: 2012-03-14 18:26:20
    I have lamented many times on this blog that the media has not been entirely accurate in its reporting on California’s “realignment” policy that went into effect in October 2011 (e.g. here and here). Luckily, there is no reason to be misinformed about realignment anymore because expert criminologist Joan Petersilia, who probably knows more about California parole [...]

  • Does California Need a Truth Commission about Prison Overcrowding?

    Updated: 2012-03-14 15:46:52
    Berkeley law professor Jonathan Simon thinks so: [W]e need a commission to investigate for the public record how the state found itself operating prisons that attract words like torture, cruel, inhuman, and degrading punishment. This is not Honduras where poverty, spiraling crime, and corruption are the order of the day, or Mexico, but we had [...]

  • Sh*t Law Students Don’t Say

    Updated: 2012-03-14 11:44:13
    University of Windsor – Faculty of Law Class of 2013

  • “Room for Debate”: Would Ending the War on Drugs Resolve Racial Imbalance in the Prison System?

    Updated: 2012-03-13 20:22:04
    The New York Times “Room for Debate” feature this week addresses the racial imbalance in incarceration rates, providing a range of opinions on the question: The news for young black men is not good: they are disproportionately singled out for discipline in school, they are more likely to be stopped and frisked by New York City police [...]

  • About Those Robocalls…

    Updated: 2012-03-13 19:32:35
    Conservative MP Dean Del Mastro was himself behind two robocalls on election day, the Calgary Herald revealed today. Del Mastro’s campaign manager, Jeff Westlake, sent recorded messages to constituents reminding them that it was election day and offering rides, but only identified the caller as “Jeff.” The problem is that the Member of Provincial Parliament [...]

  • What Lawyers Say in Papers…

    Updated: 2012-03-13 18:43:46
    …And what they actually mean.  Courtesy of Prof. Emir Crowne of University of Windsor.  

  • Simple Blunder Puts Up to 1,000 California DUI Convictions at Risk

    Updated: 2012-03-13 18:41:09
    Hundreds of DUI convictions in San Francisco may have to be thrown out because some officers of the San Francisco Police Department may have improperly tested and maintained the equipment that’s used to conduct BAC tests.

  • Let’s Play The Neocolonialist Game

    Updated: 2012-03-12 04:21:49
    Sorry, this will be (hopefully) my last thing on Kony 2012 (no link). Watch this (via Africa is a Country): Go watch the Kony 2012 film, and then count how many of the things mentioned in “How not to write about Africa” are present in there. Yeah.

  • Yes, It’s Racist

    Updated: 2012-03-11 18:05:17
    Good grief (also, what is it with the Bruce Lee-ish / Kill Bill-ish yellow tracksuit?)… And yes, it is most definitely racist because there are many non-racist ways to make the same point (a larger union is stronger). Meanwhile, we get this ad that basically states that only a multiplication of white people can contain [...]

  • Federal District Court in Maryland Rules State’s Gun Control Law Unconstitutional

    Updated: 2012-03-09 20:13:03
    The court’s ruling essentially states that it’s unconstitutional for Maryland to require people to lay out a specific objective threat and instead should allow anyone with reasonable apprehension of their safety to carry a gun outside of their home for protection.

  • Global Sociology Blogroll Update – Swedish Edition

    Updated: 2012-03-09 06:26:02
    It’s always great to keep on finding new socbloggers from all over the place (although, digital divide oblige, they’re mostly from the Global North). Anyhoo, let’s hear it for Simon Lindgren, from Sweden, digital sociologist: So, update your RSS feeds, blogrolls, and Twitter Feeds.

  • ACLU, Prison Law Office File Suit against the Arizona Prison System

    Updated: 2012-03-06 20:00:11
    Here’s some interesting news on the prison litigation front: The ACLU of Arizona has joined forces with the Berkeley, Calif.-based Prison Law Office – they’re the ones who’ve been litigating California prison conditions cases for years, and brought us last year’s Plata decision at SCOTUS. The two groups have filed a federal lawsuit charging that the Arizona [...]

  • “Prison walls do not form a barrier … from the protections of the Constitution”

    Updated: 2012-03-05 15:33:09
    New York federal judge Shira Scheindlin recently ordered the Bureau of Prisons to transfer Russian arms dealer Viktor Bout out of solitary confinement and into the general population (h/t Solitary Watch). Given this blog’s focus, I thought I’d excerpt here a portion of Scheindlin’s opinion that provides a useful short primer on how judges evaluate the constitutionality of [...]

  • Two From Massachusetts Face School Zone Violation Charges After Arrest By Essex County Drug Task Force For Distributing Heroin

    Updated: 2012-03-04 18:39:43
    Massachusetts Criminal Defense Attorney Blog Published by Boston , Massachusetts Criminal Defense , Attorney Stephen Neyman , . P.C Home Firm Website Practice Areas Contact Us Previous Home Two From Massachusetts Face School Zone Violation Charges After Arrest By Essex County Drug Task Force For Distributing Heroin March 4, 2012 Posted In : Drug Crimes Search and Seizure By Stephen Neyman , . P.C on March 4, 2012 1:39 PM Permalink Roberto Saldana of Boston and Rose Marquez-Cartegena of Lawrence , Massachusetts were arrested late last week by members of the Essex County Drug Task Force . The Lawrence Eagle Tribune reports that Saldana was caught Distributing Heroin on six occasions to an undercover officer starting in January of 2012 and ending with his arrest on February 28, 2012. Each

Current Feed Items | Previous Months Items

Feb 2012 | Jan 2012 | Dec 2011 | Nov 2011 | Oct 2011 | Sep 2011