Posts tagged with: "criminal+law"
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19 Jun 2013, 3:17 pm
Crimes against victims carry the most severe penalties of all offenses in Arizona
Violent crimes continue to plague Tempe AZ, especially on, and near Arizona State University (ASU). Tempe Police reported #911 and other calls for help had increased by 97 percent in 2012 over 2011, and arrests in criminal incidents continue to rise in 2013.
Incident reports and service calls for criminal violations in and around ASU are taxing Tempe and ASU Police resources.
Police report that the type of… [read post]
19 Jun 2013, 1:44 pm
In People v. McDade, the COA raised a sentencing issue sua sponte to reverse a defendant’s mandatory life sentence after the defendant was convicted of a murder that took place when the defendant was 17 years old. Although the defendant’s claim of appeal did not raise any sentencing issues, the court used its authority under MCR 7.216(A)(7) to “enter any judgment . . . as the case may require.” The COA reasoned that the United States Supreme Court recently made… [read post]
19 Jun 2013, 1:15 pm
Although many people think that in order to arrest someone, the police must have an arrest warrant signed by a judge, this is not true in many cases. In fact, if the police have probable cause to believe that you have committed a crime, they can arrest you without obtaining an arrest warrant. However, the police must later show the court that at the time the arrest was made, there was sufficient probable cause.
You are probably wondering what probable cause means. Generally, probably cause exists… [read post]
19 Jun 2013, 12:41 pm
972 369 0577rosenthalwadas.comA conviction for even misdemeanor possession of marijuana in Texas carries with it several consequences of which you may be unaware. The hidden consequences will be found nowhere in a plea agreement or judgment of conviction, but may nevertheless affect your life negatively.1. Federal Student Loan Aid Congress established law, codified at 20 U.S.C. section 1091 that prohibits students convicted of any offense under any Federal or State
law involving… [read post]
19 Jun 2013, 12:24 pm
Blogging,
young kids, and flu season: apparently only two of the three can co-exist at
one time, at least in my house. Anyway, in my last post, I asserted that the
decentralized nature of our criminal justice system has played a major role in
driving up prison populations. In this post, before looking at the problems
with decentralization, I wanted to think about whether we can justify such a
system, and ask whether the problematic decentralization seen in criminal law
is prevalent elsewhere as… [read post]
19 Jun 2013, 10:41 am
DWI is not a Crime in New Jersey, But is Treated like One
Many people think that DWI is a crime in New Jersey. However, a violation of N.J.S.A. 39:4-50 is a violation of the traffic code. I should note parenthetically that New Jersey does not have felonies. We categorize our offenses as indictable offenses and disorderly persons offenses.
Regardless, the distinction between the criminal and traffic code when it comes to a conviction for DWI or DUI in New Jersey is tough to make. This is because the… [read post]
19 Jun 2013, 8:18 am
Sooner or later, criminal defense attorneys reach three depressing conclusions about their fellow Americans.
The first depressing conclusion is wow, most of these people don't really support the presumption of innocence or due process of law or vigorous protection of the rights of the accused, especially when presented with an unpopular defendant. This realization is not unique to attorneys; almost everyone interested in criminal justice reaches it.
The second depressing conclusion is wait a… [read post]
19 Jun 2013, 7:45 am
The Guardian thinks so.
Museums hate articles such as this one, for a good reason: they fear that publicising art vandalism invites more. And it is plausible that a real lust to attack art is gripping people who have noticed the sheer publicity it can bring to what might otherwise be lost causes.
Certainly a way to get noticed (and your political and personal views aired). [read post]
19 Jun 2013, 4:38 am
On June 17, 2013 the United States Supreme Court - in Salinas v. Texas - took a step back from the protections accorded by the Fifth Amendment's Right To Remain Silent.
The Facts of Salinas:
Salinas - before being placed into custody - answered questions posed by a police officer in a homicide investigation. At the time he answered the questions he was not under arrest. Among the questions was a comment by the officer about the potential ballistics match as regards casings found at the scene.… [read post]
19 Jun 2013, 12:10 am
Many have been convicted based on bite-mark analysis. Many have been exonerated. It seems that the science of bite-mark analysis is not so reliable. It seems that nothing, other than DNA, is fully reliable - not even fingerprints, bullet forensices, fire analysis. Indeed, DNA analysis is what has invalidated much of the other methods of analysis proving many innocent. Indeed, one county in Ohio is using DNA testing to solve age old crimes. [read post]
18 Jun 2013, 10:45 pm
by Kevin Jon Heller
On 11 June 2013,Judge Sanji Mmasenono Monageng asked the Presidency to excuse her from the Appeals Chamber concerning the recent denial of Libya’s admissibility challenge to the case against Saif Gaddafi, which Libya is appealing. Judge Monageng’s request was based on her previous participation (as Presiding Judge) in the Pre-Trial Chamber’s decision to issue an Arrest Warrant for Saif — the same Arrest Warrant that played a critical role in the… [read post]
18 Jun 2013, 4:32 pm
Just in case a kid can’t cope with having a parent in prison, Sesame Street designers have created a kit to help children get through the emotional issues involved with having an incarcerated parent. Apparently, a couple of million kids have at least one parent in prison, and now children between the ages of 3-8 can turn to Elmo for their psychiatric needs.
Photo: USAG-Humphreys
Free Kit for Caretakers
Titled “Little Children, Big Challenges,” the online kit appears to be free to… [read post]
18 Jun 2013, 12:04 pm
On June 17, 2013, the United States Supreme Court handed down its opinion in the case of Salinas v. Texas. In this case, the Defendant, without being placed in custody or receiving any Miranda warnings, voluntarily answered some questions of a police officer questioning him about a murder. The Defendant was silent, however, when he [...] [read post]
18 Jun 2013, 8:38 am
Drake, Hileman & Davis, P.C., a Pennsylvania and New Jersey full service law firm, has just launched a website.
Drake, Hileman & Davis, P.C. is a full service law firm with concentrations in personal injury law, litigation, estate planning and administration, as well as business law, family law and criminal law. The firm serves the legal needs of clients throughout Pennsylvania and New Jersey. While the firm handles personal injury litigation matters primarily in Bucks, Lehigh, Northampton,… [read post]
18 Jun 2013, 8:28 am
The United States Supreme Court issued a pair of decisions today that directly address two important provisions of the U. S. Constitution. The opinions issued were overshadowed by the Court's decision in the Arizona voting law case, which garnered the overwhelming majority of media attention. Buried in that news cycle however were two important Supreme Court cases addressing the Constitution. The first, Alleyne v. United States, overruled Harris v. United States, which was decided only… [read post]
18 Jun 2013, 8:22 am
This week's Daily Record column is entitled "Lawyers: Use your head when mining social media for evidence."
A pdf of the article can be found here and my past Daily Record articles can be accessed here.
*****
Lawyers: Use your head when mining social media for evidenceMining social media for evidence to support a case is all the rage these days. That’s because lawyers are finally comprehending the popularity and vast reach of social media. As a result, attorneys are… [read post]
18 Jun 2013, 7:41 am
Yesterday, in a long-anticipated move, the Supreme Court finally overturned its 2002 decision in Harris v. United States. The new decision in Alleyne v. United States extended jury-trial rights to mandatory minimum sentences. Justice Breyer’s “flip” from his position in Harris made the difference.
In Apprendi v. New Jersey (2000), the Court held that a defendant has a right to a jury trial regarding the facts that may increase the maximum sentence to which he is exposed. Breyer… [read post]
18 Jun 2013, 7:41 am
A recent article in the Detroit Free Press, "Troubling heroin addiction trend grips southeast Michigan", verifies what our law firm sees on a regular basis. The article points out that the prescription drug abuse is a precursor to heroin use. Heroin becomes the drug of choice when a user can no longer supply his or her drug habit with analogue drugs such as Vicodin and OxyContin. The article states, "Our 18- to 25-year population has exploded" in recent years.... The prescription medication… [read post]
18 Jun 2013, 2:02 am
“‘This is a derisory document’. Thus, Professor Roger Smith described the MoJ’s paper on Transforming Legal Aid, when he gave evidence to the Select Committee for Justice last Tuesday. The most senior members of the legal profession gave evidence about the potential impact of the proposals. The President of the Law Society, and the chairs of the Bar Council, Criminal Bar Association, and Criminal Law Solicitors Association all agreed that, if the Minister has his way, the… [read post]
17 Jun 2013, 6:57 pm
by Kevin Jon Heller
I have refrained from weighing in on the recent scandal at the ICTY concerning a letter written by the Danish judge, Frederik Harhoff, that accuses the President of the Tribunal, Judge Theodor Meron, of pressuring his fellow judges into acquitting high-profile defendants such as Gotovina and Perisic. I have done so not because the scandal isn’t worth mentioning, but because I have little to add to what Dov Jacobs has written in two excellent posts — here and here… [read post]