• USC/LA Times Poll: 38-51 on Prop 34

    Updated: 2012-09-30 14:22:45
    : HOME Main USC LA Times Poll : 38-51 on Prop 34 September 30, 2012 7:22 AM Posted by Kent Scheidegger 0 Comments Jack Leonard and Maura Dolan report in the Los Angeles Times , Support for an initiative that aims to replace capital punishment with life in prison without parole is trailing 38 to 51 the poll found . The opposition narrows , though , if the respondent is read the misleading ballot language . nbsp That language says the initiative will require inmates to work , without mentioning that current law already requires that , and that part of the wages will go to victims , without mentioning that prison work is so sparse and poorly paid that the restitution so produced will be minimal . nbsp Interestingly , adding further misleading information about fiscal consequences produces

  • From the Perspective of a Massachusetts Criminal Lawyer, Anyone at all Impacted by the Drug Lab Scandal Should be Released From Custody

    Updated: 2012-09-29 15:27:54
    , 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 From the Perspective of a Massachusetts Criminal Lawyer , Anyone at all Impacted by the Drug Lab Scandal Should be Released From Custody September 29, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on September 29, 2012 9:38 AM Permalink The recent Massachusetts drug lab scandal is proof positive that in Massachusetts there is always hope no matter how serious the crime . Whether you have been convicted or charged with any of the Drug Crimes in Massachusetts you should hire an Experienced Massachusetts Criminal Lawyer . A good lawyer can always help you no matter how serious the crime for

  • “Popcorn Lung” Lawsuit Nets Plaintiff $7.2 Million Judgment

    Updated: 2012-09-28 18:54:36
    Popcorn lung is a relatively new discovery in the medical world. It’s caused by inhaling fumes from dicetyl, a chemical additive used in artificial butter.

  • Do You Work for the Federal Government?

    Updated: 2012-09-28 15:47:27
    For more than five decades, the U.S. government has sponsored the Combined Federal Campaign (CFC)- the world's largest workplace fundraising drive. Each fall, beginning in September, federal employees - civilian, military and postal - are invited to support eligible national and local charities, including the Criminal Justice Legal Foundation. Almost one million employees pledge about a quarter billion dollars each year. If you value our Foundation's work, consider including us in your CFC giving.  

  • Fla. App. : Miller v. Alabama Not Retroactive

    Updated: 2012-09-27 23:21:25
    . . . HOME Main Fla . App . Miller v . Alabama Not Retroactive September 27, 2012 4:21 PM Posted by Kent Scheidegger 0 Comments An intermediate appellate court in Florida has held that Miller v . Alabama forbidding automatic life-without-parole sentences for under-18 murderers , is not retroactive to cases on collateral review in that state . nbsp Hat tip : SL P The case is Geter v . State No . 3D12-1736, Third District Court of . Appeal Florida still uses the old Linkletter Stovall approach to retroactivity , created by the U.S . Supreme Court in the 1960s but abandoned by it in the 1980s in Griffith v . Kentucky and Teague v . Lane See our recent brief in Chaidez v . United States for some of the history and citations . States can follow this old approach if they want to under Danforth v

  • News Scan

    Updated: 2012-09-27 21:00:00
    HOME Main Fla . App . Miller v . Alabama Not Retroactive News Scan September 27, 2012 2:00 PM Posted by CJLF Staff 1 Comment Mass . to Appeal Murderer's Sex : Reassignment The Associated Press reports Massachusetts prison officials announced Wednesday the state will appeal U.S . District Judge Mark Wolf's decision to grant convicted murderer Michelle Kosilek's request for sex reassignment surgery . Koselik , named Robert when convicted of murdering his wife in 1990, has been receiving hormone treatment and lives in an all male prison , as a woman . Prison officials argue that allowing the surgery would put Koselik at risk for sexual assaults from other inmates . Many insurance companies consider the surgery elective transgender inmates are typically treated with hormone treatments and

  • The Errors of Alarcon & Mitchell -- Introduction

    Updated: 2012-09-27 20:41:35
    HOME Main News Scan The Errors of Alarcon Mitchell Introduction September 27, 2012 1:41 PM Posted by Kent Scheidegger 0 Comments Judge Arthur Alarcon and his career law clerk , Paula Mitchell , have a follow-up article in Loyola Law Review , titled Cost of Capital Punishment in California : Will the Voters Choose Reform this November Both the purpose of the article to influence the outcome of an election and the bias of the article are evident from the subtitle . nbsp The initiative is not to reform but to repeal . nbsp Characterizing Proposition 34 as reform is odd , to say the . least While the article bears both names , I suspect from the shrill , partisan tone that it is mostly Mitchell and not much Alarcon . nbsp Even so , Alarcon has lent his name to these articles , so I will refer

  • Poll: No on 34 Has 10-Point Lead

    Updated: 2012-09-27 18:00:07
    : HOME Main Poll : No on 34 Has 10-Point Lead September 27, 2012 11:00 AM Posted by Kent Scheidegger 0 Comments The latest Business Roundtable Pepperdine poll has the no vote on California Proposition 34, death penalty repeal , 10 ahead , with 39.6 yes to 49.3 no . nbsp The no vote also has an intensity advantage , with nearly 2 3 of the nos being strongly no , while only 2 5 of the yeses are strongly yes . The trend line is also interesting . nbsp The margin for no took a big jump after the Aurora , Colorado massacre and had been narrowing since . nbsp This poll shows a 2-point increase in the . margin The increase in the lead for no came not from an increase in no responses which were actually down a tick but from a 4 jump in unsure . This could be just a statistical glitch . nbsp

  • Japan Executions

    Updated: 2012-09-27 16:42:11
    HOME Main Poll : No on 34 Has 10-Point Lead Japan Executions September 27, 2012 9:42 AM Posted by Kent Scheidegger 0 Comments Our friends on the other side of the aisle love to say that the United States is the only Western democracy that still has the death penalty . nbsp Any conservative who so limited his survey of other countries on any topic would be swiftly denounced as Eurocentric and racist for excluding the views non-Western cultures and persons of color . nbsp It's okay for the left , though . nbsp They have immunity , you . see Tsuyoshi Tamura reports for the Asahi : Shimbun A faith healer who beat six followers to death was hanged on Sept . 27, making her only the fourth woman to be executed in Japan since 1950, the Justice Ministry . said Sachiko Eto , 65, was one of two

  • Burglary and South Africa Crime Survey

    Updated: 2012-09-27 16:23:26
    HOME Main Japan Executions Burglary and South Africa Crime Survey September 27, 2012 9:23 AM Posted by Kent Scheidegger 2 Comments South Africa is a country with a huge crime problem . nbsp Today , the government released its 2012 Victims of Crime Survey An interesting question asked the households which crimes they feared most , with multiple responses permitted . nbsp Housebreaking burglary was first , followed by home robbery , street robbery , and murder . nbsp See also this story on . iafrica.com An persistent error of the soft-on-crime crowd is to underestimate the severity of burglary , classifying it as only a property crime . That is because they see things from the criminal's viewpoint . nbsp A criminal who break into a home and steals the television wants property and has not

  • Lil Wayne Deposition

    Updated: 2012-09-27 02:24:17
    More at TMZ.

  • News Scan

    Updated: 2012-09-26 21:00:00
    HOME Main News Scan September 26, 2012 2:00 PM Posted by CJLF Staff 0 Comments Colo . Shooter to Submit DNA and Palm Print : The Associated Press reports Dark Knight shooter James Holmes was ordered Tuesday to submit a palm print and DNA sample to authorities by Arapahoe County Judge William B . Sylvester in Colorado . The print will be compared with a print found on the inside of the Aurora theater exit door Holmes allegedly entered through before opening fire on movie-goers , killing 12 and wounding 58. The DNA sample will be compared to other evidence collected at the scene . DNA Links Dead US Prisoner to BC Kidnapping , : Killing Dominique Debucquoy-Dodley of CNN headlines reports that authorities announced Tuesday that Bobby Jack Fowler was linked by DNA evidence to the 1974

  • What Do Murderers Say About Deterrence?

    Updated: 2012-09-26 20:11:32
    HOME Main News Scan What Do Murderers Say About Deterrence September 26, 2012 1:11 PM Posted by Kent Scheidegger 0 Comments A common argument made by the opponents of the death penalty is that murderers don't think about punishment and therefore can't be deterred . nbsp Has anyone asked the murderers themselves Yes , actually , someone has . nbsp Professor Robert Blecker of New York Law School has spent thousands of hours in prisons interviewing convicted murderers . nbsp In contrast to the dubious statements defendants make to their lawyers during legal proceedings , these interviews are conducted in a context where the inmates have nothing to gain by lying . Blecker's research and insights are described in his book , Let the Great Axe Fall In March 2010, I participated in a mock trial

  • A Victim's Mother's Perspective on Proposition 34

    Updated: 2012-09-26 20:01:46
    What punishment do the very worst murderers deserve? Is life in prison enough? Sandy Friend, whose 8-year-old son was the victim of a true monster, gives us her perspective here.

  • Judge Approves Taxpayer Paid Sex Change Operation for Prisoner

    Updated: 2012-09-26 19:50:14
    Judge Wolf gave an injunction ordering that the prison provide Michelle the sex change operation, though the details of when and where the operation would take place would be left to the prison.

  • Prop 34 Press Conference

    Updated: 2012-09-26 18:19:43
    KGET-NBC has this video report on a press conference by Kern County District Attorney Lisa Green and Sheriff Donny Youngblood.

  • Cleve Foster Executed, Finally

    Updated: 2012-09-26 15:39:55
    , HOME Main Prop 34 Press Conference Cleve Foster Executed , Finally September 26, 2012 8:39 AM Posted by Kent Scheidegger 0 Comments A follow-up to yesterday's post Michael Graczyk reports on the execution for . AP It's offensive to us the frivolous appeals that were thrown up at the Supreme Court last minute , said Terry Urnosky , whose 22-year-old daughter's death was blamed on Foster and a partner , Sheldon Hale . One stay after another , just delaying the closure our families sought . It wasn't the violent death that both Mary and my daughter experienced , her father said . I feel it was way too easy , but it is what it is . Foster blamed Pal's slaying on Ward , one of his Army recruits who became a close friend . Prosecutors said evidence showed Foster actively participated in her

  • Bail Set For Four Charged in Haverhill With Motor Vehicle Crimes, Receiving Stolen Motor Vehicle

    Updated: 2012-09-25 23:40:27
    , 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 Bail Set For Four Charged in Haverhill With Motor Vehicle Crimes , Receiving Stolen Motor Vehicle September 25, 2012 Posted In : Motor Vehicle Homicide By Stephen Neyman , . P.C on September 25, 2012 5:40 PM Permalink A West Newbury , Massachusetts police officer tried unsuccessfully to pull a car over the other day . The officer was able to obtain license plate information and called the number in . He quickly learned that the car was stolen . A search for the car continued . The car was later seen in Groveland where a chased ensued . The vehicles traveled into Haverhill , Massachusetts venturing

  • Don’t Fall for the Law School Scam

    Updated: 2012-09-25 23:10:49

  • Living Under Drones: New Study Finds Drones Miss their Mark

    Updated: 2012-09-25 22:57:16
    A new study out of New York University and Stanford University has questioned the efficacy of military drone strikes. The authors make 3 main points: First, while civilian casualties are rarely acknowledged by the US government, there is significant evidence that US drone strikes have injured and killed civilians. Second, US drone strike policies cause [...]

  • Music Break – The Killers

    Updated: 2012-09-25 02:32:40
    Runaways, from their latest album, Battle Born:

  • The Dangers of 3-D Printable Guns

    Updated: 2012-09-24 20:25:37
    3-D technology may be enough to trigger major changes in the area of gun control and firearms law.

  • Law School Readings

    Updated: 2012-09-23 19:50:55

  • The Visual Du Jour – Affirmative Action

    Updated: 2012-09-22 03:35:02
    Via the New York Examiner (also here), when people tell you that we have to keep an oil-based economy because there are no alternatives, show them this: As the article notes, “The production tax credit (PTC) for wind energy is set to expire at the end of the year, and Congress doesn’t look likely to extend it anytime soon. [...]

  • Families of murder victims speak out

    Updated: 2012-09-20 08:00:00
    Videos feature the voices of murder victim family members explaining why the death penalty is not the justice they seek.

  • Dorchester Massachusetts Man's Decision to Immediately Hire a Lawyer Might be Key to Success in Motor Vehicle Homicide Case

    Updated: 2012-09-19 17:38:58
    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 Dorchester Massachusetts Man's Decision to Immediately Hire a Lawyer Might be Key to Success in Motor Vehicle Homicide Case September 19, 2012 Posted In : DUI OUI By Stephen Neyman , . P.C on September 19, 2012 11:38 AM Permalink Boston.com reports today that a forty six year old Dorchester , Massachusetts man has been charged with Motor Vehicle Homicide stemming from an incident that occurred last week . It is alleged the defendant was driving his vehicle on Morrissey on September 14, 2012 when he hit a sixty three year old bicyclist . The impact of the collision threw the victim from the bicycle

  • "The Devil’s Advocate: Using Neuroscientific Evidence in International Criminal Trials?"

    Updated: 2012-09-18 08:05:00
    Recently Posted to SSRN: "The Devil’s Advocate: Using Neuroscientific Evidence in International Criminal Trials?" Brooklyn Journal of International Law, Forthcoming ADAM B. SHNIDERMAN, University of California, Irvine - Department of Criminology, Law and Society This Article presents an analysis of...

  • Salem Massachusetts Man Arrested, Charged With Kidnapping, Prostitution Related Crimes, Assault and Battery

    Updated: 2012-09-14 19:27:52
    , , , 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 Salem Massachusetts Man Arrested , Charged With Kidnapping , Prostitution Related Crimes , Assault and Battery September 14, 2012 Posted In : Sex Crimes Violent Crimes By Stephen Neyman , . P.C on September 14, 2012 1:27 PM Permalink Thirty eight year old James Morse of Salem , Massachusetts was arrested yesterday in Danvers and charged with an array of serious Massachusetts Felonies . According to a report in today's Salem News Morse , while in Connecticut convinced a twenty six year old woman to enter his car and travel with him to engage in some housekeeping activities at his home . After

  • Cop Beats Teen And Accidentally Fires His Gun, Claims He Was Attacked

    Updated: 2012-09-14 19:00:23
    Not only was there an additional cop that was a witness to the events, but the other cop helped (or at least did nothing) to conceal Officer Taylor’s action.

  • Wells Fargo Forecloses On The Wrong House, Says They’re “Sorry”

    Updated: 2012-09-13 00:32:05
    Wells Fargo's response to the whole thing has been less than stellar considering the emotional value of the items taken from the Tjosaas, not to mention the emotional trauma of having their home burglarized.

  • Malden Massachusetts Man Faces Charges of Assault With Intent to Murder, Gun Possession After Arrest for Afternoon Shooting

    Updated: 2012-09-11 19:01:30
    , 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 Malden Massachusetts Man Faces Charges of Assault With Intent to Murder , Gun Possession After Arrest for Afternoon Shooting September 11, 2012 Posted In : Firearms Violent Crimes By Stephen Neyman , . P.C on September 11, 2012 1:01 PM Permalink Tyrell Berberena of Malden , Massachusetts has been arrested and charged with Possession of a High Capacity Firearm and Armed Assault With the Intent to Commit Murder following a daytime shooting in Malden yesterday . One witness to the event stated that he saw a group of three youths on Eastern Avenue near the parking lot of a Chinese restaurant . The victim

  • Lawyer Files a Cartoon Brief in Antitrust Case

    Updated: 2012-09-07 15:57:46
    Bob Kohn, a lawyer and businessperson from New York, filed an amicus brief in the antitrust case against Apple by the American government. When the judge limited his submissions to five pages he adopted an unusual approach – and filed a graphic novel instead. The graphics begin on page 3 below, after the cover page [...]

  • Judge “Dislikes” Facebook Class Action Settlement

    Updated: 2012-09-06 18:47:59
    The lawsuit contends that Facebook is violating a California law prohibiting the use of a person’s name, photo or other personal information for the purpose of commerce advertising without the person’s consent.

  • Men From Lawrence, Methuen and Haverhill Massachusetts Charged With False Police Reports, Disturbing the Peace After Making Fake Stabbing Video

    Updated: 2012-09-05 13:30:33
    , , 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 Men From Lawrence , Methuen and Haverhill Massachusetts Charged With False Police Reports , Disturbing the Peace After Making Fake Stabbing Video September 5, 2012 Posted In : Miscellaneous Crimes Violent Crimes By Stephen Neyman , . P.C on September 5, 2012 7:30 AM Permalink This past Saturday Vincent Bencivenga of Lawrence , Massachusetts Josette Osorio of Haverhill and Mark Hatch of Methuen made a fake video of a stabbing during the Feast of the Three Saints festival in Lawrence . The trio used video cameras and a cell phone camera to record the event . Not realizing that the act was a spoof ,

  • Gay Couple Sues Continental Airlines For Strapping Sex Toy To Their Luggage

    Updated: 2012-09-04 20:02:38
    A Continental employee(s) had opened the couple’s baggage for inspection, found their sex toy and decided that instead of putting it back it’d be better to display it publicly.

  • Thomas Wisdom was Really Cool

    Updated: 2012-09-04 18:40:36
    One of the founding members of Law is Cool, Thomas Wisdom, passed away this weekend, just days before his 30th birthday. Service times at Ogden Funeral Home later this week can be found here. Thomas was a dear friend who helped get this site off the ground when we first started. We started law school [...]

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