30 April 2008

Why there are no cameras in the Supreme Court

Generally, I am a believer that all court proceedings, including the federal supreme court, should be televised. However, there is a persuasive argument that in appellate courts - particularly the federal supreme court - there are those who would grandstand instead of arguing the points. Personally, while I recognize this type of behavior is a possibility, I think that the benefits of an open court outweigh it.

All that said, here is the nightmare scenario given form.

Why She Prosecutes
Race and Prosecution

Felicia J. Nu’Man, a Louisville prosecutor, explains why she prosecutes.

28 April 2008

CLTV Episode 25: Fave 5

5 posts from the criminal law blawgs which caught my interest.

Larger video at CLTV.

Begging, but Not Poor

A local TV channel does an expose on a fake homeless beggar.

Marine not prosecuted by Japanese will be by Marines

Under Japanese law the prosecution cannot proceed without permission of the victim. There are no such requirements under the UCMJ.

27 April 2008

Tag Clouds

These are "tag clouds" offered by MakeCloud.

From my RSS feed:



Cloud of Google News for "crime."



Backlinks:

26 April 2008

The Spirit


Y'know, I understand the urge to bring back old time heroes. However, that is just creepy.

23 April 2008

Lycurgus is Spinning in His Grave:
Moore v. Virginia - State Officers Don't Have to Follow State Law

Moore v. Virginia, in which a Virginia Officer made an arrest which was clearly illegal under Virginia law, the federal supreme court has ruled that there is no remedy under the constitution.

Citizens of the United States are not protected when the government breaks its own laws unless the government has granted them protections (either by law or constitution).

And what about the Virginia Supreme Court's finding, in its decision as final arbiter of Virginia law, that the required issuance of a summons is a citation? The federal supreme court doesn't even address it.

A disturbing opinion.

Drugged Up Children

Caocaine and tranquilizers in a 3 year old and 16 month old.

Misuse of Database Leads to Officer's Conviction

He checked to see who was following someone at his mosque. It was the FBI.

Detroit Officer Accused by Hitman, Freed by DA

He was freed because there was no evidence - other than the hitman's statement, that the officer payed to have his wife killed.

Urban "New Lawyer" Myth Brought to Life

It's an urban legend we've all gotten thru an email sometime. Brand New Lawyer has just passed the Bar when he has some sort of confrontation with an Officer. Having just spent 3 years in law school and 3 months studying for the Bar Brand New Lawyer knows every nook and cranny of the law and spins the encounter round on the Officer.

Meet Eric Bryant, the man living the urban myth.

I wonder how well this will turn out for Mr. Bryant.

Marjuana Should Not be Legal

This is fun to read as much for the comments as anything else.

Any time someone makes a comment like that it brings out the true believers.

Canada: Police Breaking the Law

Authorized by parliment in 2002 and now up for review.

Ask Instead How the Guys at the Lab Sleep

Because, if they told me there was 1,000 times the normal level of arsenic in a body I'd be convinced there was a murder.

Oops, their bad.

Scotland Yard Takes Extraordinary Steps to Get Its Men

It set up an investigation off site. It excluded Freemasons. And in the end it charged an officer involved in the original investigation.

Nerves of Steel

Returing to the deli to get his change after he tried to rob it.

Burglaries Up in the District

There's been a 21% increase in burglaries in DC.

Mexican Army Takes Over Police Duties & Crime Increases

The Mexican Army moved into a border town because the police were too few and too corrupt to stop the drug trade. However, after the Army got there the police stopped working and all sorts of crime started.

21 April 2008

In the UK Grand Theft Auto is Child's Play

All the way down to an 8 year old stealing a lorry (that's a truck for those of us in the US).

Expanding DNA Collection

The Feds are going to start taking DNA without convictions.

Indoor Grows Hazardous

Exposure to indoor marijuana grows is making officers sick.

Can Statements of the Murdered be Used?

Obviously yes if the object of the murder was to keep the victim silent, but what if that wasn't the intent? Does Crawford require exclusion because the dead victim cannot be cross examined?

NY: Should All 3d Misdemeanors in 10 be a Felony?

Marcus Molinaro introduced the Chronic Criminal Act to make 3d misdemeanor offenses within 10 years a felony. Not a terribly bad idea (if traffic offenses aren't included), but it appears dead in committee.

Grand Theft Bees

Or an attempt -for some reason they didn't complete the act.

Can't Trust Anyone: Nurse Thief

While people were critically ill in the hospital she stole their keys and burgled their homes.

If You're Going to Smuggle Marijuana in Your Car

It might not be the smartest thing in the world to store it where it will catch fire.

How Bad Off Are You

When both the police and Hell's Angels are telling you to lay off the cocaine?

You Can't Make This Up

A high police officer breaks into a car to steal the stereo, but the seats are too comfortable and he falls asleep.

Grand Theft Croc

My primary question is, "Why?"

Ambulance theft

leads to need for an ambulance (suicide attempt).

Force the Door



A rape victim scrawls this message on the window to get the police to come rescue her.

19 April 2008

In a Different Part of the US

"We cannot emphasize enough: these are individuals charged with felonies. The criminal statutes of this state are not so sacrosanct, nor is our pursuit of judicial economy so preeminent, that we will endorse the trampling of citizens’ rights in pursuit of either. A citizen should not have to endure or defend a felony prosecution premised upon an unconstitutional statute. Our precedents do not hold otherwise."

Illinois v. Carpenter

Pretending to be the IRS

Phishers are pretty much scum of the Earth, but I must admit that it takes big brass *ahem* "moxy" to pretend you're the IRS in your phishing scam.

No, You Can't Subpoena the Vice-President

Yelling something at the Vice-President and getting arrested doesn't give you the right to subpoena him.

Modern Car Nontheft

The kid stole the key, but couldn't quite get the car (or even get out of the car).

B&E at Grow House

It may not be a good idea to report that B&E if you're growing a cash crop in the house.

Is the House Next Door a Marijuana Farm?

Some of the signs that may indicate there is a grow-op in your neighborhood include:

- a person bringing many small plastic pails into the house and yet you never see them gardening in the backyard using those containers.

- same thing applies to planting soil, plant food, peat moss etc.....

- bringing large lengths of tubing into the house. (This is used for irrigation)

- bringing large lighting fixtures, industrial size (These are used for artificial sunlight/warmth)

- hydro meters are tampered with. Many times the growers will cut into the hydro power avoiding the high cost of electricity involved in such an operation.

- all the windows in the house (usually basement) are boarded up or covered up in some way.

- condensation on the windows. These houses will have very high humidity.

- smell coming from the house. Noxious fumes can build up in a marijuana grow-op house thus needing it to be vented. It will be a very distinct smell.

- comings and goings at odd hours.

- sometimes it will appear as if nobody is living there yet there is always a small light or T.V,. left on in the house. The yard is not looked after, i.e. long grass, snow not being shoveled in winter.

Yet another offer to sell me drugs over the internet

It's no wonder our biggest problem hereabouts. I get several versions of this every day:

17 April 2008

Drugs - 17APR08

1. Heroin use is on the rise.

2. "Researchers at the U.S. Department of Energy's Brookhaven National Laboratory have shown that increasing the brain level of receptors for dopamine, a pleasure-related chemical, can reduce use of cocaine by 75 percent."

3. A deputy caught in a drug cartel.

4. Facebook and cocaine.

5. A woman uses a 5 year old's urine to pass a drug test and thus the police find out that the 5 year old has used cocaine.

6. "[B]abies exposed to cocaine in the womb may have long lasting brain changes -- especially males."

7. Ireland: 1/4 have used illegal drugs. 1/14 have used in the last year. 1/30 have used in the last month.

8. Teens are turning to tablets.

9. Inmate got the drugs into jail by swallowing them - and they got out of his system by . . .

10. Busting on "Just Say No." Pretty easy when you are talking about people already in deep trouble.

11. Don't bring crack to the courthouse.

12. Drugs smuggled in new shoes.

13. The first Central Utah Substance Abuse Conference was like a political rally against drugs.

14. Don't leave cocaine in your car when you get it detailed.

15. Spain is the largest user of cocaine in Europe.

16. The carjackers made me use.

17. Ghana, drug dealing car dealer, and claims against the police.

18. Azerbaijan: Where heroin gets thru to Europe.

19. 70 year old drug dealer.

20. "FAMILY homes across Wales are being used as hi-tech cannabis farms to fuel the country’s rocketing demand for the drug."

21. Kashmir: At a time when women literacy has improved a lot in the state, scores of girls and women have taken to drugs.

22. Labour MP calls for the legalization of hard drugs.

23. Colombian navy vs. drug labs.

24. "A MAN who suffered life-changing injuries in an horrific road crash claimed he used cocaine to help him cope with the pain, a court heard yesterday."

Metal Theft

1. Death during copper theft from roof.

2. Steal the fence, ignore the cars.

3. Theft from cemetery.

4. Copper thief kills radio station.

5. Electrocuted stealing cable.

DUI

Driving to a police station soused probably isn't a good idea.

14 April 2008

CLTV 23: Pd's and MPRE's - WWJD?

New post by a healthier me (although, I cut out a couple coughing fits).

Can lawyers be ethical? Must defense attorneys be propitiation? And what about those PD offices? (which might as well be a religious discussion)

CLTV Cite

Drugs in the News

1) Interior Minister Prince Naif yesterday urged everybody to cooperate in the Kingdom's fight against drugs. "Drugs are more dangerous than wars and catastrophes," the Saudi Press Agency quoted the prince as saying.

2) "Drug prohibition helps the U.S. maintain a racial apartheid prison-industrial complex."

3) Police foiled a bid to smuggle high quality charas to Punjab and arrested the alleged supplier on Tuesday.

4) The SDU has uncovered intelligence that Chinese-sourced chemical precursors, such as PMK, were being shipped to the Netherlands to turn into pills to export to Australia or smuggled into Australia for local ecstasy production.

5) [The heroin dealer] was initially co-operative his manner soon changed and he then refused to remove his hand from his genital area.

6) We found [heroin] for sale within 26 minutes of arriving in central Hove.

7) "Marijuana is among the most frequently used illicit drugs by women during their childbearing years and there is growing concern that marijuana abuse during pregnancy, either alone or in combination with other drugs, may have serious effects on fetal brain development. There is strong evidence that THC, the main psychoactive component of marijuana, crosses the placenta, that maternal marijuana abuse results in intrauterine growth retardation and that infants exposed to marijuana exhibit a temporary syndrome that includes lethargy and decreased muscle tone. Fetal exposure to THC can also result in attention deficits, learning disabilities and behavioral problems. A new study using rats found that THC combined with mildly intoxicating doses of alcohol induced widespread nerve cell death in the brain. The study is published in the Annals of Neurology, the official journal of the American Neurological Association."

8) Drug dealers looking for extra profits apparently added lead flakes to packets of marijuana, inflating their value while causing dozens of cases of serious poisoning.

9) The next marijuana.

10) An Accra circuit court on Wednesday remanded into prison custody a businessman who expelled 68 pellets of drugs suspected to be cocaine.

11) Cocaine and benzos in a 2 year old.

08 April 2008

I'm Harboring a Semi-Felon



A while back I told ya'll that I inherited a dog when my neighbor moved out without taking his dog. Yesterday, while I was talking to my landlord, I asked him what happened that Neighbor moved out so quickly.

"I don't know. All I know is that they were taken out by the Troopers. I didn't know anything about it until someone told me that the Kentucky State Police had been in the house searching it from top to bottom. Not sure what they were charged with."

Wonderful. Does that make my new dog the opposite of McGruff?

07 April 2008

CLTV 22: A Sick Guy's Fave Five

It's kinda pitiful, but it's up. Next weekend, hopefully, I won't film one while I feel like I'm about to fall over.

03 April 2008

A Question



Just How big and tough an Hombre do you have to be to be a sheriff with the nickname "Fuzzy?"

02 April 2008

3 Laws Safe
Even Robot Laws Have Problems

Anyone who has cable has seen the movie I Robot and some of us have actually read Asimov's stories. A recurring theme was the three laws of robotics, meant to keep sentient robots from turning on us humans. In other words, in the future Asimov foresaw people were smart enough to predict the SkyNet problem and take steps to prevent it. People continue to laud Asimov for these 3 laws:
1) A robot may not injure a human being or, through inaction, allow a human being to come to harm.

2) A robot must obey orders given to it by human beings, except where such orders would conflict with the First Law.

3) A robot must protect its own existence as long as such protection does not conflict with the First or Second Law.
The problem is that the first law doesn't work. Basically, carried to its logical conclusion, it allows and commands robots to do what they tried to do in the movie: herd us all into safe areas and not allow any harm to come to us (we'd basically become pets).

So, what's the solution? Anyone?