• Collecting DNA From Arrestees, Cont.

    Updated: 2012-07-30 22:52:31
    , . HOME Main Collecting DNA From Arrestees , . Cont July 30, 2012 3:52 PM Posted by Kent Scheidegger 0 Comments On July 18, I noted that Chief Justice Roberts had issued a stay in Maryland v . King , permitting Maryland's process of collecting DNA samples from persons arrested for burglary or violent crimes to . continue Today , the CJ issued this in-chambers opinion explaining his . order To begin , there is a reasonable probability this Court will grant certiorari . Maryland's decision conflicts with decisions of the U . S . Courts of Appeals for the Third and Ninth Circuits as well as the Virginia Supreme Court , which have upheld statutes similar to Maryland's DNA Collection . Act Finally , the decision below subjects Maryland to ongoing irreparable harm . A ny time a State is

  • Three Strikes and You Might Be Out

    Updated: 2012-07-30 22:07:17
    HOME Main Collecting DNA From Arrestees , Cont . Three Strikes and You Might Be Out July 30, 2012 3:07 PM Posted by Kent Scheidegger 0 Comments Mass . Governor Deval Patrick didn't like the three strikes law sent to him by the Legislature . nbsp The Legislature didn't like his attempt to water it down , Bob Salsberg of AP reports The state Legislature on Monday soundly rejected Gov . Deval Patrick's proposed amendment to a bill barring parole for individuals convicted of three serious violent crimes , leaving the fate of the bill in doubt as the legislative session neared an . end Patrick's safety valve amendment , filed Saturday , would have provided judges with limited discretion to allow parole for three-time violent felons who have served two-thirds of their maximum prison sentence or

  • News Scan

    Updated: 2012-07-30 20:34:55
    HOME Main Three Strikes and You Might Be Out News Scan July 30, 2012 1:34 PM Posted by CJLF Staff 0 Comments Aurora Shooting Suspect : Charged Nicholas Riccardi and P . Solomon Banda of the Associated Press report James Holmes was charged with 24 counts of murder and 116 counts of attempted murder on Monday . Holmes received two counts for each of the 12 victims killed and two counts for each of the 58 injured . One count included murder with deliberation and another included murder with extreme indifference , which both carry a maximum death penalty sentence and minimum life without parole sentence upon conviction . He was also charged with one count of possession of explosives and one count of a crime of violence . A September 27 hearing date was set to update the status of the . case

  • 17yr Old Redefines Sexual Assault Confidentiality Laws Through Twitter

    Updated: 2012-07-30 20:15:24
    The rape shield laws were intended to prevent the defense from using that to assault her character and the juvenile confidentiality laws were intended to allow young women like Dietrich to move on with their lives after the trial was over. I

  • Massachusetts Man 20, Charged With Leaving the Scene of an Accident Causing Personal Injury and Resulting in Death to be Arraigned in Quincy Court

    Updated: 2012-07-30 06:52:36
    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 Man 20, Charged With Leaving the Scene of an Accident Causing Personal Injury and Resulting in Death to be Arraigned in Quincy Court July 30, 2012 Posted In : By Stephen Neyman , . P.C on July 30, 2012 12:52 PM Permalink According to an article in the Brockton Enterprise Shane Wilson of Norton , Massachusetts has been charged with Leaving the Scene After Causing Personal Injury Resulting in Death The incident occurred early Sunday morning on Route 24 near Randolph . It is alleged that Wilson struck a twenty nine year old Needham man around 1:15 in the morning . Apparently , just hours

  • The 2nd Amendment Right to a Rocket Launcher

    Updated: 2012-07-29 16:04:16
    This morning on Fox News: WALLACE: What about… a weapon that can fire a hundred shots in a minute? SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried — it’s to keep and “bear,” so it doesn’t apply to cannons — but I suppose here are hand-held rocket launchers [...]

  • What Law School is Like

    Updated: 2012-07-29 15:54:34
    In 5 minutes.

  • As Sacramento dawdles, DAs revolt

    Updated: 2012-07-29 15:48:08
    , HOME Main News Scan As Sacramento dawdles , DAs revolt July 29, 2012 8:48 AM Posted by Kent Scheidegger 4 Comments SF Chrontrarian Debra Saunders has this column with the above title in the : Chron California's death penalty has been in limbo since 2006 when a federal judge stayed the execution of Michael Morales , who was sentenced to death for the brutal 1981 murder and rape of 17-year-old Terri Winchell . The judge was fearful lest the state's three-drug lethal injection protocol cause Morales undue pain . Since then , a number of states have switched to a one-drug protocol . Why hasn't California The answer could be that Gov . Jerry Brown and Attorney General Kamala Harris don't want the death penalty to . work Brown and Harris are personally opposed to the death penalty but , when

  • The Death Penalty and the Theater Shooter

    Updated: 2012-07-29 15:32:27
    HOME Main As Sacramento dawdles , DAs revolt The Death Penalty and the Theater Shooter July 29, 2012 8:32 AM Posted by Kent Scheidegger 0 Comments Jonah Goldberg has this op-ed in the Chicago Tribune . nbsp He notes that the conversations in the aftermath have focused on gun control , treatment of the mentally ill , and violent . culture These are good questions . But you know what debate seems conspicuously absent Should we execute James Holmes Death penalty opponents are fairly mercenary about when to express their outrage . When questions of guilt can be muddied in the media when the facts are old and hard to look up when the witnesses are dead when statistics can be deployed to buttress the charge of institutional racism : These are just a few of the times when opponents loudly insist

  • Harpoon Political Correctness

    Updated: 2012-07-29 00:29:39
    HOME Main The Death Penalty and the Theater Shooter Harpoon Political Correctness July 29, 2012 5:29 AM Posted by Bill Otis 3 Comments George Will has a column in the Washington Post designed to illustrate that federal criminal law is out of control . The column makes a good case , but I think it's a slightly different case from the one Will believes it is . Although the abusive prosecution Will describes could not have come about unless the federal government had indeed become a power-drunk leviathan , the culprit at the bottom of it is the infusion of ideology into criminal law and , in particular , the infusion of Political . Correctness The case is about Nancy Black , a marine biologist . One of her crew members whistled at a humpback whale to entice it to come closer to the boat . Now

  • Lynn Massachusetts Man Pulls Knife on Mother's Boyfriend, Faces Charges of Assault and Battery

    Updated: 2012-07-27 20:54:33
    , 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 Next Lynn Massachusetts Man Pulls Knife on Mother's Boyfriend , Faces Charges of Assault and Battery July 27, 2012 Posted In : Domestic Violence Violent Crimes By Stephen Neyman , . P.C on July 27, 2012 2:54 PM Permalink Just a few days ago police officers in Lynn , Massachusetts went to a home on a report of a dispute involving Domestic Violence They arrived to find the victim bleeding from his head . Officers arrested Wallace Jones , a twenty one year old from Franklin Street in Lynn . Jones' mother told the police that her son and her boyfriend got into a fight after she and the victim were arguing

  • News Scan

    Updated: 2012-07-27 15:57:08
    HOME Main Harpoon Political Correctness News Scan July 27, 2012 8:57 AM Posted by CJLF Staff 0 Comments President's Immigration Policy Slammed by Border Agents In a press conference yesterday Senator Jeff Sessions introduced the leaders of two groups representing 24,000 U.S . Border Patrol , ICE agents and support personnel who reported that the President's policy , announced earlier this year , which limits the deportation of younger illegals , is jeopardizing public safety . nbsp A story by Mytheos Holl of The Blaze , which includes video of the press conference , quotes Chris Crane , President of the National Immigration and Customs Enforcement Council saying that under the President's Dream Act , illegals , including those arrested for felonies , who claim to have a GED or be enrolled

  • Video Visitation

    Updated: 2012-07-27 00:14:01
    HOME Main News Scan Video Visitation July 26, 2012 5:14 PM Posted by Kent Scheidegger 1 Comment The WaPo has this editorial on the DC Jail's switch to video visitation . nbsp The DOC's brochure notes the advantage for the visitors that they will not have to wait in long lines or undergo intensive searches . nbsp The obvious advantage not noted in the brochure , the FAQ or the WaPo editorial is that you can't smuggle drugs or weapons over a video link . nbsp The WaPo isn't happy with the end of in-person : visits Ultimately , the option of in-person visitation should be restored , at least as an alternative to video visits as it is in states like Virginia . In the meantime , the D.C . jail owes the public an explanation for heaping an even greater burden on those who already suffer enough .

  • News Scan

    Updated: 2012-07-26 19:55:09
    HOME Main Video Visitation News Scan July 26, 2012 12:55 PM Posted by CJLF Staff 0 Comments 9th Circuit to Reconsider Decision on CA DNA : Law Maura Dolan of the Los Angeles Times reports the 9th U.S . Circuit Court of Appeals on Wednesday voted to reconsider a split decision by a three-judge panel in February upholding a California law that requires police to take DNA samples from people arrested for felonies , regardless of whether they are convicted or not . An 11-judge panel will now consider the case . California voters approved Proposition 69, which called for collecting DNA from felony arrestees , by a wide margin in 2004. The state immediately faced litigation arguing that the practice violated people's constitutional rights by subjecting them to unreasonable searches and seizures

  • Time To Get Litigious: Middle Finger Arrest Leads To Manhattan Lawsuit

    Updated: 2012-07-25 22:24:42
    Civil lawsuits for police misconduct are notoriously difficult to win, especially when the basis for them lie in constitutional right violations.

  • Brockton Massachusetts Man Faces Charges of Kidnapping, Possession With Intent to Distribute Drugs, Violent Crimes After Cops Get Early Morning Call

    Updated: 2012-07-25 20:39:24
    , , 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 Next Brockton Massachusetts Man Faces Charges of Kidnapping , Possession With Intent to Distribute Drugs , Violent Crimes After Cops Get Early Morning Call July 25, 2012 Posted In : Drug Crimes Violent Crimes By Stephen Neyman , . P.C on July 25, 2012 2:39 PM Permalink Just before 4:30 a.m . Monday , Brockton , Massachusetts police received a phone call from a man stating that he had been held captive at gunpoint . The victim stated that he went to the home of Emanuel Dossantos . Once he attempted to leave the home Dossantos held him at gunpoint . He was able to escape and call the police . He did

  • News Scan

    Updated: 2012-07-25 18:02:02
    HOME Main News Scan News Scan July 25, 2012 11:02 AM Posted by CJLF Staff 0 Comments Gary Haugen Has His Day in : Court Helen Jung of the Oregonian reports Senior Judge Timothy Alexander said on Tuesday Oregon Governor John Kitzhaber's reprieve of Gary Haugen's execution may not be valid based on previous state Supreme Court decisions . Haugen had waived his appeals and volunteered for execution . State Assistant Attorney General Tim Sylwester argued that Haugen does not need to accept the reprieve for it to be valid . Haugen's attorney argued that in past cases before the state's Supreme Court , it adopted an 1833 U.S . Supreme Court interpretation that suggests inmates have to agree to pardons or similar acts for them to be valid . Sylwester said he could not point to any other decisions

  • Drugs, the Victimless Crime

    Updated: 2012-07-25 01:01:05
    ...or so we are told.  nfortunately, the "what you put into your own body" theme we hear in defense of drug use has some complications that tend to get kept out of sight. Here's one.

  • The Visual Du Jour – Get Headbangin’

    Updated: 2012-07-24 21:33:02
    At least  in Scandinavia and Northern Europe (via Urban Demographics and originally from here): No big surprise here. There are no reasons to have heavy metal in African or Asia. It’s just not cultural place for this genre. And yes, Scandinavia and Iceland are well known bastions of heavy metal bands. But Greece and Portugal? [...]

  • News Scan

    Updated: 2012-07-24 20:53:04
    HOME Main Drugs , the Victimless Crime News Scan July 24, 2012 1:53 PM Posted by CJLF Staff 0 Comments Justice Department Investigates Pennsylvania Voter ID : Law Leigh Ann Caldwell of CBS News reports the Justice Department on Monday asked Pennsylvania to hand over the state's voter registration list that includes voter history and race of registered voters and the state's current driver's license and ID list . The Justice Department also wants documents that support the state's assessment that 758,000 registered voters lack proper identification , and Pennsylvania Governor Tom Corbett's statement in March 2012 that 99 percent of Pennsylvania's eligible voters already have acceptable photo ID . On Wednesday , Scott Kraus of The Morning Call reports a coalition of voting rights groups ,

  • The Mask Slips Again

    Updated: 2012-07-24 11:59:50
    HOME Main Feinstein : White House Behind National Security Leaks The Mask Slips Again July 24, 2012 4:59 AM Posted by Bill Otis 1 Comment What's the most awful thing about the Aurora mass murders Choose : one a Twelve innocent people , including a six year-old girl , got wiped . out b The whole nation got a jolt about what some people are capable . of c We're about to be reminded of how much mindless delay the system . tolerates d The episode was poorly timed for purposes of proponents of Prop 34. Yup , you got it , it's d Sometimes you have to see abolitionists to believe them , which is one reason I tune in to Sentencing Law and Policy where a bunch of them hang out in the comments section . I thus bring you this gem from someone who identifies himself as a California capital defense

  • We Have to Release Criminals Because We Have No Money. Honest.

    Updated: 2012-07-24 03:40:43
    . . HOME Main The Mask Slips Again We Have to Release Criminals Because We Have No Money . . Honest July 23, 2012 8:40 PM Posted by Bill Otis 0 Comments Ummmmm , well , maybe we do have some money , after all . But we socked it away to spend on . trees Here's the story The first paragraph : recounts California's park system secretly stashed away 54 million even though it was cutting services and threatening to close parks , officials announced Friday , and the department's director resigned as the hidden surplus was . revealed Here's a radical idea : Go ahead and cut the services and use the park slush fund to keep some thugs in the slammer for their full . sentences Categories Prisons Leave a comment Name Email Address URL Remember personal info Comments You may use HTML tags for style

  • Framingham Massachusetts Rape Suspect Trying to Suppress Statement, Confession, Claims he was Drunk When Interrogated

    Updated: 2012-07-23 22:05:08
    , , 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 Next Framingham Massachusetts Rape Suspect Trying to Suppress Statement , Confession , Claims he was Drunk When Interrogated July 23, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on July 23, 2012 4:05 PM Permalink Thirty two year old William French of Framingham , Massachusetts was arrested following a 2010 incident where he is accused of Rape Authorities claim that French kidnapped a woman and took her back to his home where he committed Aggravated Rape Robbery and assorted Massachusetts felonies . He is now trying to Suppress evidence statements he claims were obtained in violation of his

  • You Gotta Fight For Your Right To Strip Naked At The Airport

    Updated: 2012-07-20 21:26:38
    Brennan’s defense was that although he intentionally disrobed in a public place, he shouldn’t be guilty of indecent exposure because his was an act of public defiance, protected by the Constitution.

  • Five Massachusetts Residents, Two From Peabody, Others from Salem, Revere and Wakefield Charged With Obstruction of Justice, Conspiracy After Testifying in Fraud Case

    Updated: 2012-07-20 17:11:29
    , , , , 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 Next Five Massachusetts Residents , Two From Peabody , Others from Salem , Revere and Wakefield Charged With Obstruction of Justice , Conspiracy After Testifying in Fraud Case July 20, 2012 Posted In : Perjury By Stephen Neyman , . P.C on July 20, 2012 11:11 AM Permalink Five people from the towns of Salem Wakefield Peabody and Revere , Massachusetts have been charged in the Boston Municipal Court with Conspiracy , Subornation of Perjury Obstruction of Justice and Corrpution of a Witness after testifying for friends on Massachusetts Fraud Case . According to a report on the Salem News , William

  • Lawyers in Cages

    Updated: 2012-07-18 11:00:05

  • The Visual Du Jour – World Drugs Report 2012

    Updated: 2012-07-17 07:12:30
    Anyone teaching deviance, criminology and other related fields should be interested in that one: the 2012 World Drug Report, published by the United Nations Office on Drugs and Crime. It comes with a lot of data and great visualizations. WORLD DRUG REPORT 2012 from SocProf on Vimeo. The report also contains some great static maps [...]

  • Methuen Man, 63 Accused of Aggravated Rape of a Child, Other Sex Crimes Arraigned in Lawrence District Court

    Updated: 2012-07-16 21:23:00
    , , 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 Next Methuen Man , 63 Accused of Aggravated Rape of a Child , Other Sex Crimes Arraigned in Lawrence District Court July 16, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on July 16, 2012 3:23 PM Permalink When a ten year old New Hampshire girl's parents became concerned about the child's demeanor they took her to a counselor . The girl told the therapist that a sixty three year old man had her sit on his lap and watch pornography with him . She further complained that he touched her inappropriately underneath her clothes . The therapist reported the incident to local authorities who in turn

  • The Visual Du Jour – Pew Global Attitudes Project

    Updated: 2012-07-15 06:19:41
    Another interactive visual: the Pew Global Attitudes Project. [I apologize for the background noise. I'll have to fix that in the upcoming videos.] PGA from SocProf on Vimeo.

  • Florida Supreme Court rules no knowledge of drugs for Conviction required

    Updated: 2012-07-15 01:11:32
    Florida Criminal Law Blog Published by Florida Criminal Defense Attorney M . James Jenkins Home Website The Firm Contact Us Home Narcotics Trafficking Florida Supreme Court rules no knowledge of drugs for Conviction required Posted On : July 14, 2012 by Jim Jenkins Florida Supreme Court rules no knowledge of drugs for Conviction required The Florida State Supreme Court , on July 12, 2012, in a 5-2 ruling , in State v . Adkins upheld a 2002 law which puts the burden of proof on defendants to prove that the citizen defendant did not have knowledge what was in the container or package , etc . they were carrying contained illicit narcotics . Florida is the only state in the country that does not require the prosecution prove that defendant citizen knew the substances they were carrying were

  • Two Women Arrested in Lawrence Massachusetts on Heroin Possession Charges After Cops Witness Drug Deal, Dealer Facing Heroin Distribution Charges

    Updated: 2012-07-13 19:27:50
    , 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 Next Two Women Arrested in Lawrence Massachusetts on Heroin Possession Charges After Cops Witness Drug Deal , Dealer Facing Heroin Distribution Charges July 13, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on July 13, 2012 1:27 PM Permalink People in the Tower Hill section of Lawrence , Massachusetts complained to police about Drug Dealing in their neighborhood . As a result of the complaint the officers conducted surveillance activities . The result was the arrest of two New Hampshire women and a Lawrence man . Regina Hardy and Kylee Locke have been charged with Knowingly Being Present

  • Privatization of Public Safety May Sink or Swim When A Lifeguard Is Fired For Rescuing A Person

    Updated: 2012-07-13 18:34:14
    Jeff Ellis Management argued that all lifeguards were responsible for their assigned zones and that leaving those zones before a shift was over opened the company to legal liability for the patrons who were inside the lifeguard’s safety zone.

  • Feds Bust Up Merrimack Valley Cocaine, Heroin Operation, Men From Billerica, Lawrence, Haverhill Charged

    Updated: 2012-07-11 20:40:06
    , , , , 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 Next Feds Bust Up Merrimack Valley Cocaine , Heroin Operation , Men From Billerica , Lawrence , Haverhill Charged July 11, 2012 Posted In : Drug Crimes Firearms By Stephen Neyman , . P.C on July 11, 2012 2:40 PM Permalink According to a report in the Lowell Sun , several men from the Merrimack Valley have been charged in Federal Court with Conspiracy to Distribute 5 Kilograms or more of Cocaine and Heroin . The investigation of the drug ring , which was primarily located in Lawrence , Massachusetts began in 2009. Then , as part of a surveillance activity agents seized over two million seven

  • Massachusetts Supreme Judicial Court Rules that Lifetime Community Parole not Mandatory Consequence For Failure to Register as a Sex Offender

    Updated: 2012-07-09 22:23:01
    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 Next Massachusetts Supreme Judicial Court Rules that Lifetime Community Parole not Mandatory Consequence For Failure to Register as a Sex Offender July 9, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on July 9, 2012 4:23 PM Permalink Earlier today the Massachusetts Supreme Judicial Court rendered its decision in Commonwealth v . Williamson The Court held in summary that there is no mandatory requirement that someone who is convicted for Failure to Register as a Sex Offender by placed on Community Parole Supervision for Life CPSL commonly known as Lifetime Community Parole . The applicable

  • Creative Punishments the New Trend in Criminal Justice

    Updated: 2012-07-09 19:26:23
    Recent creative court punishments have ranged from ordering a man to buy his wife flowers to forcing a young person to wear a sign outside a store he had stolen from.

  • The Increased Use of Forensic Animation Evidence in Court

    Updated: 2012-07-05 18:53:09
    The use of forensic animation evidence should be limited to substantive animations, wherein the sequences can be proved using scientific and mathematical computations.

  • Lawyers Wanted. No Gender Preferred.

    Updated: 2012-07-05 15:37:40

  • Look, It’s a Mammoth Erection!

    Updated: 2012-07-05 02:33:18
    Mammoth Erection v. Vann Niagara Ltd., [2007] O.J. No. 2153, 64 C.L.R. (3d) 104, 157 A.C.W.S. (3d) 940 (Ont. S.C.J.) A classic, by Law is Cool founder Omar Ha-Redeye, who detailed it years ago on Slaw.

  • The Perfect Law School Exam

    Updated: 2012-07-04 19:20:34
    In law school, this student would get perfect.  

  • Is Obama’s Family Exempt under Obamacare?

    Updated: 2012-07-03 20:10:18

  • Supreme Court Throws Out Life Without Parole for Juveniles

    Updated: 2012-07-03 18:57:00
    To be more precise, the court ruled that mandatory sentences of life without parole for juveniles are unconstitutional. However, making that sentence an option, which a judge can choose to impose at his or her discretion, appears to still be allowed, for now.

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