• Death Penalty Debate Podcast

    Updated: 2011-09-30 15:48:02
    The Federalist Society has this podcast of a debate on the death penalty between Bill Otis and Cassandra Stubbs of the ACLU.

  • Did the Troy Davis Execution Increase Doubt About the DP?

    Updated: 2011-09-30 13:43:15
    HOME Main Death Penalty Debate Podcast Did the Troy Davis Execution Increase Doubt About the DP September 30, 2011 6:43 AM Posted by Bill Otis 4 Comments According to this ABC piece it did : nbsp the country appears to be revisiting its stance on the death penalty , in light of Troy Davis' execution last week . Readers of this blog will not be surprised to learn that the story adduces no evidence to support this statement . nbsp It's simply an article of faith in some quarters that Event X or Study Y always re-ignites questions about capital punishment , or some such thing . nbsp For example , the title of every article I have ever seen on the DPIC site is roughly , New survey shows declining support for the death penalty . I have yet to see a single one that says , New survey shows

  • Squeezing Blood From A Stone: No Onus on Impecunious Offender to Prove Inability to Pay Fine in R. v. Topp

    Updated: 2011-09-30 12:00:14
    In the recent Supreme Court of Canada (“SCC”) decision in R. v. Topp, 2011 SCC 43 the Crown attempted to do the impossible and get blood from a stone. The metaphorical stone in this case was John Phillip Topp, a defendant sentenced to five years in prison for his conviction on 16 counts of fraud [...]

  • Framingham Massachusetts Man Faces Possession, Distribution Of Child Pornography Charges After Images Found On His Computer

    Updated: 2011-09-29 19:39:32
    , 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 Framingham Massachusetts Man Faces Possession , Distribution Of Child Pornography Charges After Images Found On His Computer September 29, 2011 Posted In : Child Pornography Search and Seizure Sex Crimes By Stephen Neyman , . P.C on September 29, 2011 1:39 PM Permalink Yesterday Richard Conley of Framingham , Massachusetts was arraigned on charges that he was in Possession of Child Pornography and for Distribution of Child Pornography The charges stem from an investigation that started in July and that was conducted by the Massachusetts State police . The article in the Metrowest Daily News states

  • Cal. Field Poll on DP: 68-27

    Updated: 2011-09-29 17:35:56
    . : HOME Main Cal . Field Poll on DP : 68-27 September 29, 2011 10:35 AM Posted by Kent Scheidegger 0 Comments The Field Poll shows that opinion among California voters on whether to do away with the death penalty is essentially unchanged over the last decade , presently at 68-27. A very badly worded question that implies the respondent must choose a single punishment for all first-degree murders shows a plurality choosing life imprisonment over the death penalty , 48-40. I would say life imprisonment myself , if the choice were really so constrained . nbsp But of course it is . not On the two questions asked , California voters are nearly identical to Connecticut voters surveyed by the Quinnipiac Poll , noted here Quinnipiac went on to ask a third question that reflects much better the

  • News Scan

    Updated: 2011-09-29 16:02:33
    HOME Main Cal . Field Poll on DP : 68-27 News Scan September 29, 2011 9:02 AM Posted by CJLF Staff 0 Comments Cop Killer Executed in Florida : The Associated Press reports Manuel Valle , 61, was executed last night in Florida for killing a police officer Louis Pena during a traffic stop 33 years ago . He was pronounced dead at 7:14pm Wednesday . Valle also shot another officer at the time , who was saved by his bulletproof vest . Valle was the first Florida inmate to be executed with a new mix of lethal drugs . Pena's children , who were 13 and 19 when he was killed , were present for the execution . Former Death Row Inmate Granted Medical Parole Hearing : Sam Stanton of The Sacramento Bee reports California inmate Willie Curtis Miller , 84, has been granted a medical parole hearing .

  • The death of Troy Davis

    Updated: 2011-09-29 14:52:34
    On September 21, 2011, at 11:08 pm Eastern Daylight Time, Troy Anthony Davis was declared dead. Cause of death: lethal injection. Administered by: employees of the state of Georgia. Legal justification of homicide: a court order. Grounds for the court order: Troy Anthony Davis’s murder conviction. Societies punish crimes for specific reasons. Section 718 of the Canadian Criminal [...]

  • Hill on Behavioral Law and Economics

    Updated: 2011-09-29 07:14:00
    Recently Posted to SSRN: "A Positive Agenda for Behavioral Law and Economics" Cognitive Critique, Vol. 3, p. 85, 2011 Minnesota Legal Studies Research Paper No. 11-36 CLAIRE ARIANE HILL, University of Minnesota, Twin Cities - School of Law Law has...

  • SCOTUS Denies Stay in Valle Case

    Updated: 2011-09-28 22:58:08
    HOME Main SCOTUS Denies Stay in Valle Case September 28, 2011 3:58 PM Posted by Kent Scheidegger 0 Comments The Supreme Court's orders are here and here No dissents are . noted An earlier story by Brendan Farrington of AP is here Categories Death Penalty U.S . Supreme Court Leave a comment Name Email Address URL Remember personal info Comments You may use HTML tags for style Search Subscribe to this blog's feed Subscribe to FULL feed Recent Entries SCOTUS Denies Stay in Valle Case News Scan Serving Sentences Online News Scan Mens Rea The Short List from the Long Conference Troy Davis' Unconvincing Case for Actual Innocence Occupational Safety for Violent Criminals An English Abolitionist Looks at Troy Davis If Stuck While Trolling for Troy Davis , Just Make It Up Monthly Archives September

  • Ethical walls and conflicts of interest

    Updated: 2011-09-28 17:42:12
    When I meet with clients for the first time, I tell them about confidentiality. The moment the client opens his mouth, I explain, I lose the right to act for his adversaries. And most likely, that moment occurs even earlier: when the client walks through the door of my office or even schedules an appointment [...]

  • News Scan

    Updated: 2011-09-28 15:48:45
    HOME Main SCOTUS Denies Stay in Valle Case News Scan September 28, 2011 8:48 AM Posted by CJLF Staff 0 Comments California Cold Cases : Reopened Alameda County Police announced Tuesday that convicted murderer Eugene Protsman , 56, currently serving a life sentence for the brutal 1997 murder of a Southern California woman , is now eligible for the death penalty if he is convicted on the latest charges he faces for two Northern California cold cases . Investigators believe Protsman stabbed Alameda residents Manuel Garcia , 59, because he thought he was a police informant , and Diane Ely , 54, during an attempt to steal her car . Protsman became a suspect in the case after he used the name of Ely's fiance as an alias , but it was Sgt . Kevin McNiff's reopening of the case last year and new

  • Serving Sentences Online

    Updated: 2011-09-27 20:34:33
    HOME Main Serving Sentences Online September 27, 2011 1:34 PM Posted by Kent Scheidegger 0 Comments The famous notorious satire publication the Onion posted this story SACRAMENTO , CA--Faced with a mandate to cut the state's prison population by 30,000, the California Department of Corrections and Rehabilitation announced Monday it would begin allowing prisoners to serve their sentences online . Inmates are required to log in promptly every morning at 6 a.m . CDCR secretary Matthew Cate said . But make no mistake , this is not some online holiday resort prison . Offenders spend at least eight hours a day entering data and can only see visitors in the chat room once a week . The real advantage of the Internet penitentiary is that it streamlines the entire corrections process , allowing a

  • News Scan

    Updated: 2011-09-27 18:44:04
    HOME Main Serving Sentences Online News Scan September 27, 2011 11:44 AM Posted by Christine Dowling 0 Comments Ohio Governor Commutes Sentence : nbsp Alan Johnson of The Columbus Dispatch reports Ohio Governor John Kasich yesterday commuted the sentence of convicted killer Joseph Murphy from death to life without the possibility of parole . nbsp Murphy was set to be executed in October for the 1987 murder of Ruth Predmore , 72, whom he stabbed to death during a robbery of her home . nbsp Governor Kasich concurred with an 8-0 parole board recommendation that Murphy should not be executed , largely because of his abused and neglected . childhood Judge Rules Oregon Death Row Inmate Competent to Waive Appeals : nbsp An Oregon circuit judge today ruled that death row inmate Gary Haugen is

  • Mens Rea

    Updated: 2011-09-27 15:54:05
    HOME Main Mens Rea September 27, 2011 8:54 AM Posted by Kent Scheidegger 0 Comments And now , for something completely different , the term mens rea appears in the first paragraph of a front-page story in a newspaper not specifically for . lawyers Gary Fields and John Emshwiller have this story in the WSJ on watering down of the criminal intent requirements in federal criminal laws . nbsp Their lead horror story is a Native Alaskan trapper charged with a crime for selling sea otters . nbsp The sale would have been perfectly legal if the buyer were another Native Alaskan but , unknown to the seller , he was . not Declining mens rea requirements are compounded by overfederalization and . overcriminalization The criminal law draws its moral force from a societal consensus on the wrongness of

  • Judges Experimenting with Less Punitive Approach in Juvenile Cases

    Updated: 2011-09-26 22:19:58
    The chief judge of New York State is seeking to completely overhaul the juvenile justice system to focus more on rehabilitation and prevent recidivism.

  • Troy Davis' Unconvincing Case for Actual Innocence

    Updated: 2011-09-26 19:30:56
    Ken Jost of Congressional Quarterly has this post at his Jost on Justice blog, with the above title. Jost is definitely not one to shade his assessments in favor of the law enforcement side of things. He tends to lean the other way.

  • Occupational Safety for Violent Criminals

    Updated: 2011-09-26 17:02:21
    HOME Main Troy Davis' Unconvincing Case for Actual Innocence Occupational Safety for Violent Criminals September 26, 2011 10:02 AM Posted by Kent Scheidegger 0 Comments The always provocative Lester Jackson has this article on prosecuting people for defending themselves . nbsp He begins with an interesting analogy to the 1970 Occupational Safety and Health Act and an assertion that the elite anti-victim mentality seems to lead some people to believe that criminals deserve a safe workplace in their chosen . occupation I won't comment on the specific cases he discusses , but it certainly is true that the right of self-defense is too narrowly construed in many jurisdictions , and too many people are prosecuted for actions that should be legal or even praiseworthy . nbsp Here CJLF sometimes

  • Massachusetts Woman Charged With Felony Larceny Files Motion To Suppress Statements Claiming Andover Cops Violated Constitutional Rights

    Updated: 2011-09-26 15:35:52
    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 Massachusetts Woman Charged With Felony Larceny Files Motion To Suppress Statements Claiming Andover Cops Violated Constitutional Rights September 26, 2011 Posted In : Theft Crimes By Stephen Neyman , . P.C on September 26, 2011 9:35 AM Permalink Cynthia Vaughn has been charged with Larceny Over 250 Conflict of Interest and Filing a False Claim in the Essex County Superior Court in Salem , Massachusetts The charges stem from allegations that Vaughn , who was working for the Andover , Massachusetts water treatment plant was falsely submitting records for hours worked while running a business on the side

  • Music Break – Passion Pit

    Updated: 2011-09-26 00:37:03
    The Reeling… groovy! addthis_url = 'http%3A%2F%2Fglobalsociology.com%2F2011%2F09%2F25%2Fmusic-break-passion-pit%2F'; addthis_title = 'Music+Break+%26%238211%3B+Passion+Pit'; addthis_pub = '';

  • If You’ve Been Bitching About The New Facebook…

    Updated: 2011-09-24 05:30:51
    Check this out: And remember that, when you post photos on Facebook, they belong to them in perpetuity to use as they wish even after you delete your account. addthis_url = 'http%3A%2F%2Fglobalsociology.com%2F2011%2F09%2F23%2Fif-youve-been-bitching-about-the-new-facebook%2F'; addthis_title = 'If+You%26%238217%3Bve+Been+Bitching+About+The+New+Facebook%26%238230%3B'; addthis_pub = '';

  • If Stuck While Trolling for Troy Davis, Just Make It Up

    Updated: 2011-09-24 00:38:35
    , HOME Main If Stuck Trolling for Troy Davis , Just Make It Up September 24, 2011 5:38 AM Posted by Bill Otis 0 Comments The effort is underway to portray the execution of cop killer Troy Davis as a worldwide outrage . nbsp We can hardly be surprised that the usual abolitionist outlets are lathered up , but we might have hoped that allegedly mainstream networks like CNN would do some fact-checking before joining the . party . Wrongo Here's the CNN headline : nbsp World shocked by U.S . execution of Troy Davis There's only one thing wrong with the CNN story , that being that it says absolutely nothing about the world . It notes that an EU official learned with deep regret of the execution , and that there were protests in England , France and . Germany That's it . nbsp Three countries in

  • CNN Program on Death Penalty

    Updated: 2011-09-24 00:32:37
    HOME Main If Stuck Trolling for Troy Davis , Just Make It Up CNN Program on Death Penalty September 24, 2011 5:32 AM Posted by Kent Scheidegger 0 Comments I will be on CNN shortly discussing the death penalty . nbsp I expect I may need to refute the prevailing spin on the Troy Davis case . nbsp So for the convenience of the viewers I will repost a couple of links . here Excerpt of US District Court decision with links to full text . Article by Charles Lane on the Washington Post . site Update : nbsp Turned out the links weren't necessary . nbsp Because of the time of this program 6:15 a.m . Saturday morning Left Coast time , yawn no studio was available here , and I had to go on via Skype from home . nbsp So my opponent , Richard Dieter , had the aesthetic advantage , being in studio in

  • Review of Dennis Edney’s Lecture, “The Rule of Law in an Age of Terror”

    Updated: 2011-09-23 22:10:52
    “Human rights have a dysfunctional relationship with justice. The language is certainly beautiful, but it’s all dressed up with nowhere to go,” charged Dennis Edney in a scathing lecture at the Faculty of Law at UBC on September 15. Edney worked from 2004 to 2011 on Omar Khadr’s defence against charges stemming from the July [...]

  • Top Five Most Common Personal Injury Claims

    Updated: 2011-09-23 20:28:22
    So while it is ok to seek legal recourse for personal injuries, just make sure that you use common sense and stay within the bounds permitted by law.

  • Disturbance At Lawrence Massachusetts Courthouse Leads To Arrest Of Chelsea Woman

    Updated: 2011-09-22 13:32:38
    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 Disturbance At Lawrence Massachusetts Courthouse Leads To Arrest Of Chelsea Woman September 22, 2011 Posted In : Violent Crimes By Stephen Neyman , . P.C on September 22, 2011 7:32 AM Permalink This past Tuesday shortly after the lunch recess a dangerousness hearing was being conducted at the Lawrence District Court The courtroom doors opened abruptly and a police officer sitting in the courtroom observed Stephanie Urena trying to hold Keila Rodriguez to prevent her from testifying . Urena , a Chelsea , Massachusetts resident was grabbing the witness and pulling her back . The Lawrence Eagle Tribune

  • Violent Crime is Declining, and Nobody Knows Why

    Updated: 2011-09-21 20:22:56
    There are many competing theories about why crime rates are down. One of the simplest is that maybe crime rates don’t correlate with the economy as closely as we’ve previously assumed.

  • Increase in Bullying Awareness Leads to Increase in Litigation over Bullying

    Updated: 2011-09-19 19:54:17
    While I recognize that bullying of children and adolescents, especially when it’s motivated by the victim’s actual or perceived sexual orientation is a huge problem, I question whether criminal law is the best way to deal with it.

  • Irony Alert: TSA Agent Sues Passenger for Intentional Infliction of Emotional Distress

    Updated: 2011-09-15 22:22:19
    I think that many of the actions engaged in by the TSA are completely worthless for maintaining our safety. But, I also believe in keeping things in perspective on their level of intrusiveness.

  • Convicted, Registered Massachusetts Sex Offender Held Without Bail On Charges Of Indecent Assault And Battery, Enticing A Minor In Ayer

    Updated: 2011-09-14 16:39:32
    , , 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 Convicted , Registered Massachusetts Sex Offender Held Without Bail On Charges Of Indecent Assault And Battery , Enticing A Minor In Ayer September 14, 2011 Posted In : Sex Crimes Violent Crimes By Stephen Neyman , . P.C on September 14, 2011 10:39 AM Permalink Back in 1993 Herbert Racine , now forty three years old , was convicted of one count of Rape . He was ultimately classified as a Level 2 Sex Offender by the Massachusetts Sex Offender Registry Board . It is now alleged that Racine committed an Indecent Assault and Battery on a Person Over the Age of Fourteen and that he has committed the

  • Lawrence Massachusetts Police Investigating Cocaine Distribution Operation Arrest Two, Trafficking And Distribution Charges Filed

    Updated: 2011-09-13 06:53:53
    , 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 Lawrence Massachusetts Police Investigating Cocaine Distribution Operation Arrest Two , Trafficking And Distribution Charges Filed September 13, 2011 Posted In : Drug Crimes By Stephen Neyman , . P.C on September 13, 2011 12:53 PM Permalink Lawrence , Massachusetts police along with North Shore Gang Task Force officers had been conducting an investigation into a local Cocaine Distribution Operation . A confidential informant conducted controlled Cocaine Buys from Jose Ramos , a forty six year old Lawrence man . Also present and allegedly involved in at least two of the deals was Jose Robles ,

  • Cops Bust Up Marijuana Farm In Wareham Massachusetts, Man Charged With Cultivation, Possession With Intent To Distribute Marijuana

    Updated: 2011-09-12 19:43:27
    , , 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 Next Cops Bust Up Marijuana Farm In Wareham Massachusetts , Man Charged With Cultivation , Possession With Intent To Distribute Marijuana September 12, 2011 Posted In : Drug Crimes By Stephen Neyman , . P.C on September 12, 2011 1:43 PM Permalink Ken Morgan of Middleboro , Massachusetts was arrested and charged with Possession With the Intent to Distribute Marijuana , a Class D substance He was charged with Cultivation of Marijuana as well . According to a report in the Brockton Enterprise police executed a search warrant at Morgan's Cherry Street residence . Inside they found seventy five small

  • Unanimous Verdicts in Florida State Courts Required

    Updated: 2011-09-10 12:54:25
    Florida Criminal Law Blog Published by Florida Criminal Defense Attorney M . James Jenkins Home Website The Firm Contact Us Home Florida Jury System Unanimous Verdicts in Florida State Courts Required Posted On : September 10, 2011 by Jim Jenkins Unanimous Verdicts in Florida State Courts Required In Florida , and every state in America other than Louisiana and Oregon , in order for the government to convict someone of a crime it must be by a unanimous verdict . What this means in Pensacola or other Florida criminal courts is that all six jurors must be unanimous in their verdict . In Florida criminal courts , only Defendant’s charged with first degree murder are entitled to twelve member juries . There is case law that supports if one of the twelve in a murder case , or one of the six in

  • Friday Roundup

    Updated: 2011-09-09 15:51:13
    Not many links have come across the transom this week, but to take you into the weekend: Heather Ann Thompson reflects on Attica, 40 years later. Doug Berman asks if prison-friendly cell phones would be a good idea. If you’re in or near NYC, visit Think Outside the Cell to register for their free symposium on [...]

  • Two Women In Hudson Massachusetts Charged With Trafficking After Cops Find Over 28 Grams Of Cocaine During Search Of Apartment

    Updated: 2011-09-09 13:51:05
    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 In Hudson Massachusetts Charged With Trafficking After Cops Find Over 28 Grams Of Cocaine During Search Of Apartment September 9, 2011 Posted In : Drug Crimes Search and Seizure By Stephen Neyman , . P.C on September 9, 2011 7:51 AM Permalink The Metrowest Daily News reports that Kelly Temple and Shay Lund , two women who lived in a Hudson , Massachusetts apartment have been charged with Trafficking Cocaine Over 28 Grams Possession of Cocaine Possession With the Intent to Distribute Cocaine and Conspiracy As part of an ongoing investigation the police obtained a Search Warrant permitting

  • Lynn Massachusetts Man Accused Of Rape, Assault With Intent To Murder, Assault And Battery With A Dangerous Weapon After Weekend Drinking Binge

    Updated: 2011-09-08 13:28:05
    , , 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 Accused Of Rape , Assault With Intent To Murder , Assault And Battery With A Dangerous Weapon After Weekend Drinking Binge September 8, 2011 Posted In : Domestic Violence Sex Crimes By Stephen Neyman , . P.C on September 8, 2011 7:28 AM Permalink The Lynn Item reports that William Townsend of Lynn , Massachusetts has been charged with Assault With the Intent to Commit Murder Rape and Assault and Battery by Means of a Dangerous Weapon The charges follow a weekend where the complainant , Townsend's former girlfriend fell off the wagon and engaged in a lengthy partying binge

  • Braintree Massachusetts Man Charged With Possession Of Child Pornography, Distribution Of Child Pornography

    Updated: 2011-09-07 13:51:21
    , 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 Braintree Massachusetts Man Charged With Possession Of Child Pornography , Distribution Of Child Pornography September 7, 2011 Posted In : Child Pornography Search and Seizure Sex Crimes By Stephen Neyman , . P.C on September 7, 2011 7:51 AM Permalink A sixty three year old Braintree , Massachusetts man was charged in 2009 with thirty one counts of Possession of Child Pornography and Distribution of Child Pornography according to a report in the Quincy Patriot Ledger The man , Francis Austin's competency became an issue resulting in a two year delay of the case . It is alleged that Austin's

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