15 September 2005
7th Circuit / Habeas / Priest Conviction
The 7th Circuit has granted a habeas petition in a priest pedophilia case on grounds that counsel was ineffective.
Differences in the Law
Texas has a law which allows you to travel with a firearm as long as it is not in plain view. In Virginia, if you do not travel with the firearm in plain view you must have a concealed carry permit. Without such a permit you are violating the concealed weapons statute. In cases I have handled this has included pistols in the glove compartment, in a closed box under the seat (unloaded), and in bag in a mesh holder at the back of an extended cab truck. You are basically required to have the firearm sitting on the passenger seat, in plain sight, at all times. Personally, I think the only place you can have a firearm out of sight in your car and not get convicted is if it is in the trunk (and even then the back seat had best not fold down so that the trunk actually connects to the cab).
The way I've usually seen this handled is that the defendant has his charge dropped if he agrees to give up his firearm.
The way I've usually seen this handled is that the defendant has his charge dropped if he agrees to give up his firearm.
You Just Cannot Make This Stuff Up
What happens when the judge interrupts you and your client's conversation at the side of the courtroom to ask you to speak more quietly?
Well, here's what happens if Client speaks before you can.
via Skelly
Well, here's what happens if Client speaks before you can.
via Skelly
No CrimLaw Questions for Roberts
Douglas Berman isn't too happy that there haven't been a lot of questions asked about criminal law matters.
14 September 2005
Guam: Police Recruits
The police cadets from Guam just don't look as chipper as the ones from New Zealand. Of course, it's hard to look chipper when you are rolling across the ground.
Limerick Crime
There was an old man from Nantucket . . .
Wait, that's not what they mean by a Limerick crime gang member?
Dern. I thought it was a criminal like the Riddler.
Wait, that's not what they mean by a Limerick crime gang member?
Dern. I thought it was a criminal like the Riddler.
Ireland: Comparative Crime
I think this is comparing crime rates in Ireland with those throughout Europe.
11 September 2005
LexTV & Radio: The 6th Amendment and Virginia
Click here to see a video of my discussion of Luginbyhl v. Commonwealth, in which the Virginia Court of Appeals rules that a police officer's sworn statement that he did a DUI breath test in proper conditions, that the machine that didn't malfunction, that he didn't make any mistakes, that the reading he observed was "X", and that he was properly trained in the machine's operating procedure is not testimonial and therefore the sworn statement is allowed into evidence despite the federal Supreme Court's 6th Amendment ruling in the Crawford decision.
The discussion is also available as audio if you go over, click on Lex Radio and listen to it at Odeo.
Be forewarned, I have a face for radio and a voice for silent films so either choice is kind of Hobsonish in nature.
The discussion is also available as audio if you go over, click on Lex Radio and listen to it at Odeo.
Be forewarned, I have a face for radio and a voice for silent films so either choice is kind of Hobsonish in nature.
New Zealand: Happy Officers
Don't they look like the happiest class of police recruits you've ever seen? Every other recruit class picture I've ever seen has been of a bunch of sullen cadets standing in front of some building. And look at the car. Not the stock white, gray, or brown car for them.
Someday when I become rich (like they promised me when I went to law school) and can travel around the world, I think I might like to visit this Bay of Plenty place.
New Zealand: Terrorist Police Recruit?
"Police have rubbished allegations a man who was almost recruited as an officer was linked to the terrorists responsible for the Bali bombings."
As an aside - Here in the States we need a term which is the equivalent to "rubbished." This is a cool phrase that's used throughout all the Commonwealth nations. Hereabouts, our papers merely report that our politicians "deny" things. I can't really think of what we could use here that carries the same meaning and impact. Our nearest related term would be "trashed", but that carries a different connotation (destroyed - i.e. "We trashed their rugby team.") The nearest I can think of in meaning is "pooh-poohed", but that just look silly as a headline on the Washington Post.
Suggestions?
As an aside - Here in the States we need a term which is the equivalent to "rubbished." This is a cool phrase that's used throughout all the Commonwealth nations. Hereabouts, our papers merely report that our politicians "deny" things. I can't really think of what we could use here that carries the same meaning and impact. Our nearest related term would be "trashed", but that carries a different connotation (destroyed - i.e. "We trashed their rugby team.") The nearest I can think of in meaning is "pooh-poohed", but that just look silly as a headline on the Washington Post.
Suggestions?
New Zealand: Politics & Crime
Bashing a parole board for letting someone out who recidivates. (hmmm . . . is that the proper verb form?)
It's a press release from New Zealand First, which a little research indicates is a 10% party getting its power through the formation of coalitions with other more powerful parties. Given that, I'm not sure how badly the larger parties need it and don't know its ability to follow through.
It's a press release from New Zealand First, which a little research indicates is a 10% party getting its power through the formation of coalitions with other more powerful parties. Given that, I'm not sure how badly the larger parties need it and don't know its ability to follow through.
09 September 2005
A Prosecutor's Conscience
I'm sitting in the courtroom and the prosecutor is negotiating with the attorney next to me. I don't hear what the defense attorney asks for, but I hear the prosecutor say, "I'm sorry. I can't give you that deal without giving it to everyone else here and my conscience won't let me do that."
I looked over at the prosecutor and I must have grinned because he looks at me and says, "Yes, I do have a conscience!
I looked over at the prosecutor and I must have grinned because he looks at me and says, "Yes, I do have a conscience!
08 September 2005
The Political Season is Upon Us
Things are starting to gear up and accusations that "X" is soft on crime are starting to surface.
A Richmond judge sets a very dangerous precedent by allowing law enforcement officials to testify as experts on gang tattoos.
Guilt by association. Or, more accurately, impeachment by implied association - without even actual proof of association. As one guy asked me when I told him what the spiderweb is supposed to mean on the elbows of white clients, "How many of them are posers?"
I don't know. I can't answer that question from anything other than my subjective experiences and inferences. I suspect most haven't "earned" the tattoo. And I pretty much guarantee that the police "experts" cannot answer that question with any kind of objective, statistically based study either.
Guilt by association. Or, more accurately, impeachment by implied association - without even actual proof of association. As one guy asked me when I told him what the spiderweb is supposed to mean on the elbows of white clients, "How many of them are posers?"
I don't know. I can't answer that question from anything other than my subjective experiences and inferences. I suspect most haven't "earned" the tattoo. And I pretty much guarantee that the police "experts" cannot answer that question with any kind of objective, statistically based study either.
07 September 2005
Does Punishment Work?
You'll remember that in July 2004 I posted a couple times about punishment:
Do Heavy Guideline Sentences or Mandatory Minimums Work?
Continuing the Punishment Discussion
Someone recently left a comment on the latter of these asking: "I would like to make a question: in your opinion, is punishment deterrent to crime?"
At the risk of repeating myself, yes, I believe that punishment acts as a deterrent. I don't have any scientific proof of this but through observation and discussion with many of my clients I can tell you that the examples I would offer would be the firearm possession statutes. Once the fact that heavy punishment follows possession of a firearm as a felon or possession of a firearm and drugs at the same time sinks in these activities are avoided. As well, I believe - again without proof - that there is probably a fair portion of drug suppliers that won't touch crack because they realize the punishment difference between crack and powder.
Of course, there is a range of reasons why these punishments deter certain activities. One is that there are few crimes which are implicated and it sinks in that if the criminal actor is going to be risk averse he needs to avoid these specific activities. A second is that the punishments are out of proportion. They are so heavy that when a cost-benefit analysis is done most everyone realizes that it is just plain dumb to have a firearm around drugs or to deal in a specific form of a drug when profit can just as easily be made selling a different sort. A third is that the punishment is widely publicized and known; a massive punishment doesn't deter if there is no notice.
I don't think this can be applied on a larger scale (for the reasons discussed in the second post above); however, for a limited class of charges it can be very effective. On the other hand, it also leads to some very unbalanced and unjust sentencing based upon arbitrary factors (ie crack v. powder).
Do Heavy Guideline Sentences or Mandatory Minimums Work?
Continuing the Punishment Discussion
Someone recently left a comment on the latter of these asking: "I would like to make a question: in your opinion, is punishment deterrent to crime?"
At the risk of repeating myself, yes, I believe that punishment acts as a deterrent. I don't have any scientific proof of this but through observation and discussion with many of my clients I can tell you that the examples I would offer would be the firearm possession statutes. Once the fact that heavy punishment follows possession of a firearm as a felon or possession of a firearm and drugs at the same time sinks in these activities are avoided. As well, I believe - again without proof - that there is probably a fair portion of drug suppliers that won't touch crack because they realize the punishment difference between crack and powder.
Of course, there is a range of reasons why these punishments deter certain activities. One is that there are few crimes which are implicated and it sinks in that if the criminal actor is going to be risk averse he needs to avoid these specific activities. A second is that the punishments are out of proportion. They are so heavy that when a cost-benefit analysis is done most everyone realizes that it is just plain dumb to have a firearm around drugs or to deal in a specific form of a drug when profit can just as easily be made selling a different sort. A third is that the punishment is widely publicized and known; a massive punishment doesn't deter if there is no notice.
I don't think this can be applied on a larger scale (for the reasons discussed in the second post above); however, for a limited class of charges it can be very effective. On the other hand, it also leads to some very unbalanced and unjust sentencing based upon arbitrary factors (ie crack v. powder).
Map of Visitors
For those of you using Site Meter, I just wanted to point out a new feature I found. Under By World Map you can get an actual map from where your latest visitors have come. The one I put up here is mine for North America.
Cool!
Japan : Yakuza
Anytime you run a news search for crime in Japan you come up with lots of Yakuza stories. Here's the ever popular finger story (seen in every movie) along with a sociology and history of the organizations.
In some aspects the Yakuza seems more civilized than our organized crime (leaders retire) while in others it seems less (gangsters targeting crowds at baseball games).
Part of the problem with closing down the Yakuzas is their police connections:
In some aspects the Yakuza seems more civilized than our organized crime (leaders retire) while in others it seems less (gangsters targeting crowds at baseball games).
Part of the problem with closing down the Yakuzas is their police connections:
This is not to suggest that Japanese police completely look the other way when it comes to the mob. Over the years Japanese law enforcement officials, who have been admired the world over for their high standard of discipline, have staged numerous raids on various yakuza offices. These assaults have tended, however, to be more a show of police muscle than a genuine attempt to shut down gangster operations. Relations between Japanese police and the yakuza are complex; each side evidently has something akin to respect for the other. Like certain elements of the civilian population, some Japanese police officers admire the yakuza's adherence to a feudal-era code of chivalry. Likewise, Japanese mobsters for whatever reason from time to time will turn in a member of a gang to help the police "solve" a case. In one expert's words, there exists a "symbiosis" between police and mobsters that has served to legitimize the position of the yakuza in Japanese society.Apparently, Japanese businesses are so compromised that 50% of loans in Japan are write offs because they are unenforcable against Yakuza members.
Japanese Crime : China
Throw a Malatov cocktail at a Chinese Bank = 3 years, 6 months.
Mail razor blades to the Chinese consulate = 8 months probation (if you're sorry).
Heck, my clients are always sorry - maybe I should start practicing in Japan.
Mail razor blades to the Chinese consulate = 8 months probation (if you're sorry).
Heck, my clients are always sorry - maybe I should start practicing in Japan.
Crime Trends in Australia
1. The good news is that crime seems to be on the decline.
2. The really bad news is that "hillbilly heroin" is making serious inroads into Australia.
Australia - U.S. : Death Doctor
Apparently a doctor went to Australia and was associated with 80 deaths, including at least 8 proceeding from operations the doctor was forbidden to perform in the States. The doctor somehow got back to the U.S.
One prosecution was dismissed, another has begun. However, there are worries that the case has become so politicized that the U.S. may refuse extradition (he must be in a blue circuit).
Articles here, here, here, & here.
One prosecution was dismissed, another has begun. However, there are worries that the case has become so politicized that the U.S. may refuse extradition (he must be in a blue circuit).
Articles here, here, here, & here.
Australia: Villification Legislation
Okay folks, time for a paradigm shift. They are no longer "hate crimes." They are "villification enhancements."
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