Crime and Punishment

Some Year-end Reading on Prison Reform, Prisoners’ Rights, and Criminal Justice

Updated: 2011-12-30 19:26:50

Hi all – I will have the blog up and running again after the new year, but in the meantime, I wanted to highlight some valuable reading on prison law and policy issues from the past year. This isn’t a comprehensive best-of list since I’m sure I missed some good reads during my fall hiatus [...]

Ideology Ratings

Updated: 2011-12-29 19:19:59

HOME Main Ideology Ratings December 29, 2011 11:19 AM Posted by Kent Scheidegger 0 Comments This report by Jeffrey Jones of Gallup is only marginally on-topic , but ideology and politics are intertwined with criminal justice policy . nbsp The report also implicates the limitations of models and . labels A one-dimensional left-right model of politics is , like all models , a simplification and not reality . nbsp Bearing in mind that all models are wrong but some are useful Americans' ratings of their own ideology and the presidential candidates' are interesting . nbsp Gallup asked the survey respondents to rate themselves on a 5-point Likert scale from 1 as very liberal to 5 as very conservative and then rate the . candidates Americans' mean score on this scale is 3.3, meaning the average

Bought a Zoo? Time to Learn About Strict Liability

Updated: 2011-12-29 19:19:42

Under strict liability laws, an owner of wild animals can be held liable for property damage or injuries simply if their wild animals escape from their cages, even if they took the necessary precautions to keep the animals locked in.

News Scan

Updated: 2011-12-29 17:36:33

HOME Main Ideology Ratings News Scan December 29, 2011 9:36 AM Posted by CJLF Staff 0 Comments Fort Dix Conspiracy Convictions Upheld UPI reports that the Third Circuit upheld the convictions of five Muslims who had conspired to attack military bases in Pennsylvania , Delaware , and particularly Fort Dix , New Jersey . nbsp The unanimous decision authored by Circuit Judge Marjorie Rendell , rejected the defendant's claim that evidence gathered during the government's 16-month investigation , with tools authorized by the Patriot Act , was obtained in violation of their constitutional rights . nbsp Racial Bias in DC Student Suspensions A Washington Post story by Donna St . George suggests that a disparity in the number of black DC area students suspended from school compared to white

Woman Who Tried To Change Counterfeit Bills At Framingham Massachusetts Hotel Gets Busted In Room With Three Friends On Drug Charges

Updated: 2011-12-29 16:30:58

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 Woman Who Tried To Change Counterfeit Bills At Framingham Massachusetts Hotel Gets Busted In Room With Three Friends On Drug Charges December 29, 2011 Posted In : Drug Crimes By Stephen Neyman , . P.C on December 29, 2011 11:30 AM Permalink Kaitlynn Niles of Lynn , Massachusetts and three friends rented a hotel room at the Red Roof Inn in Framingham , Massachusetts two days ago . At approximately eleven at night Niles went to the front desk and attempted to get change for a counterfeit fifty dollar bill . A wary employee recognized something to be wrong with the bill and called the police . The officers

The fault, dear Brutus...

Updated: 2011-12-29 16:00:30

, . HOME Main News Scan The fault , dear Brutus . December 29, 2011 8:00 AM Posted by Kent Scheidegger 0 Comments Peter Kuitenbrouwer reports for the National Post Canada Police in Chatham-Kent , Ont . announced Wednesday that , of 1,986 people arrested so far this year , 203 were Aries , whereas just 139 were . Sagittarius Criminologists and astrologists dismissed the list released by the police on an otherwise slow day for both crime and news as not comprehensive enough to portray any patterns of crime . Then again , so did the police . department Const . Pearce , who produced the data , concedes , Next year the list could be completely different unless we arrest the same people . Actually , given what we know about recidivism , the latter possibility is . substantial Categories Humor

News Scan

Updated: 2011-12-28 17:59:05

HOME Main News Scan December 28, 2011 9:59 AM Posted by CJLF Staff 0 Comments Law Enforcement Fatalities Up 13 in : 2011 Greg Bluestein of the Associated Press reports 173 law enforcement officers died in the line of duty in the U.S . in 2011, up from 153 the year before . The National Law Enforcement Officers Memorial Fund reported 68 officers were killed by gunfire in 2011, marking the first time in 14 years that firearm fatalities were higher than traffic-related deaths . Craig Floyd , the chairman for the National Law Enforcement Officers Memorial Fund , blames the rise on budget cuts to public safety departments , which he says have put officers at risk . Our officers are facing a more brazen cold-blooded element and fighting a war on terror , and we're giving them less training and

Briefing Everything Including the Kitchen Sink

Updated: 2011-12-28 16:17:59

HOME Main News Scan Briefing Everything Including the Kitchen Sink December 28, 2011 8:17 AM Posted by Kent Scheidegger 1 Comment In capital cases , it has been common practice for years to intentionally bog down the system by briefing every conceivable issue , with a few inconceivable ones tossed in for good measure . nbsp This disease seems to be spreading to noncapital cases as well . nbsp Judge Aldisert of USCA3 lets appellate defense counsel have it with both barrels in United States v . Bansal No . 06-1370 a drug-trafficking case . nbsp Hat tip , Orin Kerr at VC . Akhil Bansal and Frederick Mullinix appeal from their jury convictions in the United States District Court for the Eastern District of Pennsylvania on a 42-count indictment alleging crimes arising from their multi-national

D'oh, Never Mind

Updated: 2011-12-28 15:36:39

, HOME Main Briefing Everything Including the Kitchen Sink D'oh , Never Mind December 28, 2011 7:36 AM Posted by Kent Scheidegger 0 Comments Christopher Wanjek of Vitals MSNBC recalls the top five science journal retractions of 2011. Two of them are crime-related . 5 : Los Angeles marijuana dispensaries lead to drop in . crime Keep smoking . The RAND Corporation retracted its own report in October after realizing its sloppy data . collection Crime data compiled from neighborhoods with these highly contentious medical marijuana dispensaries supposedly revealed slightly lower crime rates . The authors attributed this decline not to marijuana itself but rather the presence of security cameras and guards in and around the dispensaries , having a positive effect on the neighborhood . The

News Scan

Updated: 2011-12-27 18:24:44

HOME Main News Scan December 27, 2011 10:24 AM Posted by CJLF Staff 0 Comments Jessica's Law Applied to Animal Abuser : Cynthia Hubert of The Sacramento Bee reports a Sacramento judge Friday sentenced a man convicted of animal abuse to state prison and order him to register as a sex offender in what may represent the first time that Jessica's Law has been applied to a case involving sexual abuse of an animal . Judge Thadd Blizzard said Robert DeShield's conduct represents a serious threat to society , and said the crime DeShields committed was inherently sexual in nature . Shadow , the Chihuahua mix , suffered abuse that includes strangulation and penetration with a foreign object , and sustained severe injuries that required surgery . DeShield's defense lawyer says she will appeal . nbsp

Helena Guergis Sues Harper, CPC, and Cassels

Updated: 2011-12-23 22:41:30

When former Conservative Party of Canada (CPC) Member of Parliament, Helena Guergis, filed a claim yesterday against Prime Minister Harper and the CPC at the Ontario Superior Court, the story made headlines. What didn’t attract as much attention is that the claim also included as defendants Arthur Hamilton and his law firm, Cassels Brock & [...]

When A Massachusetts District Attorney's Office Puts Form Over Substance As A Matter Of Policy The Public Is Not Being Well Served

Updated: 2011-12-23 15:58:24

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 When A Massachusetts District Attorney's Office Puts Form Over Substance As A Matter Of Policy The Public Is Not Being Well Served December 23, 2011 Posted In : Sex Crimes By Stephen Neyman , . P.C on December 23, 2011 10:58 AM Permalink As a Massachusetts Criminal Defense Lawyer I am often perplexed by certain office policies that overlook justice for the sake of appeasing the public . Yesterday for instance I was in a Massachusetts district court on a case where my client was charged with Failing to Register as a Sex Offender My client is twenty four years old . When he was sixteen years old an aunt

Justice Binnie at the 3rd annual Rights Watch

Updated: 2011-12-23 11:33:47

The Honourable Justice Binnie spoke at RightsWatch on October 21, 2011 in Calgary, Alberta.

LSUC Consultation on Articling

Updated: 2011-12-22 19:45:06

We have all complained at some point about the articling process. Well here’s your opportunity to do something about it if you’re in Ontario. The Articling Task Force, created by the Law Society of Upper Canada to address the articling crisis, is holding a series of consultations. Information on how to attend is included below. [...]

Should There Be a Right To a Free Attorney in Civil Cases?

Updated: 2011-12-22 19:35:57

Unlike criminal matters, the law generally does not recognize a constitutional right to a free court-appointed lawyer in a civil lawsuit.

News Scan

Updated: 2011-12-22 17:14:32

HOME Main News Scan December 22, 2011 9:14 AM Posted by CJLF Staff 0 Comments Judge Rules Arizona Did Not Violate Rights During : Executions Michael Kiefer of The Arizona Republic reports U.S . District Court Judge Neil Wake ruled Wednesday that the Arizona Department of Corrections did not violate prisoners' constitutional rights , even if the DOC varied from its court-approved protocol for lethal injection executions . By ruling in favor of the state , Judge Wake denied an injunction requiring the DOC to conform to its established protocol . This ruling puts to rest yet another of the specious legal barricades that capital-punishment opponents have thrown up in the past few decades to challenge the death penalty , Arizona Attorney General Tom Horne said . The Federal Public Defender's

Massachusetts Court Officer Arraigned In Middlesex Superior Court On Charges That He Has Sexual Contact With Prisoners While On Duty

Updated: 2011-12-21 21:22:15

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 Court Officer Arraigned In Middlesex Superior Court On Charges That He Has Sexual Contact With Prisoners While On Duty December 21, 2011 Posted In : Sex Crimes By Stephen Neyman , . P.C on December 21, 2011 4:22 PM Permalink Michael Rubino of Braintree , Massachusetts was arraigned in the Middlesex County Superior Court in Woburn last Friday . It is alleged that the Massachusetts court officer had sexual contact with a couple of female prisoners while he was on duty . The alleged acts took place last year and early this year at the Boston Municipal Court on New Chardon Street in Boston .

Why Jerry Sandusky’s Attorney Is Looking To Take A Plea Bargain

Updated: 2011-12-21 18:51:20

The best piece of evidence we have that suggest Sandusky’s defense attorney is thinking plea bargain is his latest decision to waive the preliminary hearing.

News Scan

Updated: 2011-12-21 17:23:59

HOME Main News Scan December 21, 2011 9:23 AM Posted by CJLF Staff 0 Comments EU Restricts Sale of Execution Drugs : Greg Bluestein of the Associated Press reports the European Commission said Tuesday it would strengthen export controls on the sale of sodium thiopental and other drugs that could be used for executions . The move by the EU could force some state officials to consider other alternatives , which is a complicated process sure to lead to legal . challenges Many states , including Ohio and Texas , have already switched to the alternative sedative pentobarbital . It is unknown how the restrictions will impact death penalty states in the U.S . but it is unlikely to choke off supply . Several states have reported enough supply to keep scheduling executions , and it will be

News Scan

Updated: 2011-12-20 17:43:36

HOME Main News Scan News Scan December 20, 2011 9:43 AM Posted by CJLF Staff 0 Comments Death Sentence of Woman Who Killed Her 4 Sons Upheld : Maura Dolan of the Los Angeles Times reports the California Supreme Court Monday upheld the death sentence of Susan Dianne Eubanks on automatic appeal . Eubanks was convicted of murdering her four sons ages 14, 7, 6, and 4 in 1997. She shot each boy in the head . The decision is here ICE Agents to Replace Arpaio's : Staff The Associated Press reports the Department of Homeland Security said in a letter Monday to U.S . Senator for Arizona Jon Kyl that the agency will use 50 immigration agents to screen jail inmates in Maricopa County after it revoked Sheriff Joe Arpaio's authority to access its systems . The agents will replace county officers who

Stolen Valor Act Argument

Updated: 2011-12-19 19:28:45

In his general orders of 1782, General George Washington authorized several military decorations to recognize "unusual gallantry" and other outstanding achievements. He further provided, "Should any who are not entitled to the honors, have the insolence to assume the badges of them, they shall be severely punished."On General Washington's 280th birthday, the Supreme Court will hear argument on whether a modern version of the latter provision is constitutional in United States v. Alvarez, No. 11-210.Our brief for the Legion of Valor and CJLF is here.

News Scan

Updated: 2011-12-19 16:56:00

HOME Main Stolen Valor Act Argument News Scan December 19, 2011 8:56 AM Posted by CJLF Staff 1 Comment Arizona Sheriff Targeted By Justice Department : nbsp An editorial from Investor's Business Daily says Arizona Sheriff Joe Arpaio is being targeted by the Justice Department in a report accusing the sheriff of violating federal law and the Constitution in his department's handling of Hispanics . Assistant Attorney General Thomas E . Perez , head of the department's Civil Rights Division , said a three-year civil investigation found that the sheriff and his deputies engaged in unconstitutional conduct and violations of federal law that jeopardized Arpaio's commitment to fair and effective law enforcement . The name Thomas Perez may sound familiar , as he was heavily involved in the

Brooke Mueller Charged With Possession With Intent To Distribute Cocaine, Assault And Battery Following Altercation In A Bar

Updated: 2011-12-19 13:55:57

, 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 Brooke Mueller Charged With Possession With Intent To Distribute Cocaine , Assault And Battery Following Altercation In A Bar December 19, 2011 Posted In : Drug Crimes Sex Crimes By Stephen Neyman , . P.C on December 19, 2011 8:55 AM Permalink Actress Brooke Mueller was in a bar known as the Belly Up nightclub this past weekend . There , it is alleged that she struck another woman . The police were called to investigate the incident . They spoke to the victim and looked for Mueller . The actress was later located at another nightclub . When confronted by the police Mueller poked an officer in the

Booze, Teens, and Crime

Updated: 2011-12-18 17:24:24

, , HOME Main Newt and Judges Booze , Teens , and Crime December 18, 2011 9:24 AM Posted by Kent Scheidegger 0 Comments The second thing we should do is kill all the headline . writers Here we go again . nbsp Christine Hsu has this story in Medical . Daily While alcohol has frequently been linked to criminal activity among adults , a new study finds that there is a strong association between childhood drinking and criminal . activity Researchers at the University of Miami found that the relationship between drinking and criminal activity is not just limited to perpetrating a crime , but also to criminal victimization , for both males and . females Note that the article is careful to say association and relationship , not that the booze necessarily caused the increase , which a

The Visual Du Jour – Globalization = Uniformization

Updated: 2011-12-18 03:29:32

Compare and contrast This (Egypt): To this (New York City): And then, go re-read Cynthia Enloe on militarism as hyper-masculinity.

Lawrence Massachusetts Man Charged With Assault With Intent To Commit Murder, Threatening To Commit A Crime After Prostitute Claims She Was Strangled

Updated: 2011-12-16 16:55:15

, 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 Man Charged With Assault With Intent To Commit Murder , Threatening To Commit A Crime After Prostitute Claims She Was Strangled December 16, 2011 Posted In : Sex Crimes By Stephen Neyman , . P.C on December 16, 2011 11:55 AM Permalink Just two days ago Lawrence , Massachusetts Police responded to a call at a rooming house on South Union Street . They arrived to find a thirty three year old woman they knew to be a prostitute complaining that she had been strangled and harassed by a man . The man , Richard Croteau was still at the scene when the police arrived . Croteau told

News Scan

Updated: 2011-12-16 16:43:23

HOME Main Booze , Teens , and Crime News Scan December 16, 2011 8:43 AM Posted by CJLF Staff 2 Comments Judge Issues Tentative Ruling on California's New Execution : Protocol Paul Elias of the Associated Press reports Marin County Superior Judge Faye D'Opal ruled Thursday that California prison officials failed to properly adopt the state's new lethal injection execution procedures . D'Opal tentatively ruled the California Department of Corrections and Rehabilitation failed to comply with the Administration Procedures Act on numerous grounds . Attorneys for the CDCR will have the chance to argue before the judge at a hearing Friday , when she will decide whether to finalize her decision . Prison officials drafted these new regulations in response to a federal lawsuit filed by condemned

Degradation Ceremony 101 – Shaving Punks Edition

Updated: 2011-12-15 05:14:14

(Via) “Indonesian sharia police are “morally rehabilitating” more than 60 young punk rock fans in Aceh province on Sumatra island, saying the youths are tarnishing the province’s image. Since being arrested at a punk rock concert in the provincial capital Banda Aceh on Saturday night, 59 male and five female punk rock fans have been [...]

Lawrence Massachusetts Police Arrest Three People For Trafficking Heroin, Cocaine While Investigating Gun, Shooting Case

Updated: 2011-12-14 19:02:36

, , 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 Arrest Three People For Trafficking Heroin , Cocaine While Investigating Gun , Shooting Case December 14, 2011 Posted In : Drug Crimes Search and Seizure By Stephen Neyman , . P.C on December 14, 2011 2:02 PM Permalink This past weekend a thirty seven year old homeless Lawrence , Massachusetts man told police that he had been shot in the elbow . An investigation was quickly launched leading the police to an address on Broadway . Officers arrived , were permitted to enter the address and were presented with BB guns . They claim that at that time they were able to

Legal Submissions in 140

Updated: 2011-12-14 18:03:37

I’ve been invited to participate in the first moot to be held entirely on Twitter. The Twitter Moot will cover environmental law and First Nations rights, and is already attracting international attention. I’ve written a little more about this on Slaw. The student competitors this year are: Team Dalhousie: Michele Charles and Kristen Balcom from [...]

Happy Freakin’ Blogiversary To The GSB

Updated: 2011-12-14 06:03:27

Four years of sociological blogging and almost 2,500 posts! And yes, these are the Doctors, 9, 10 and 11.

Worcester County Couple Charged With Cultivating Marijuana, Firearms Violation, Drug Conspiracy After Search Of Home Reveals Packaged Drugs, Plants

Updated: 2011-12-13 16:57:20

, , , 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 Worcester County Couple Charged With Cultivating Marijuana , Firearms Violation , Drug Conspiracy After Search Of Home Reveals Packaged Drugs , Plants December 13, 2011 Posted In : Drug Crimes By Stephen Neyman , . P.C on December 13, 2011 11:57 AM Permalink Deborah Toloczko and her husband Anthony Toloczko were on vacation in Las Vegas last week . Upon their return to Massachusetts they were met at Logan Airport by law enforcement officials . There , the Worcester County couple was arrested . It is alleged that the pair was growing marijuana in their Douglas , Massachusetts home . Last week

Three From Brockton Charged With Possession Of A Firearm After Sunday Morning Crash

Updated: 2011-12-12 20:34:34

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 Three From Brockton Charged With Possession Of A Firearm After Sunday Morning Crash December 12, 2011 Posted In : Firearms Motor Vehicle Homicide Search and Seizure Violent Crimes By Stephen Neyman , . P.C on December 12, 2011 3:34 PM Permalink Around 4:30 in the morning this past Sunday Massachusetts State Police responded to a call for a Motor Vehicle accident in the northbound lane of Route 24. The arrived to learn that Jason Ribeiro of Brockton , Massachusetts was driving a car the rear ended another vehicle . The victim called 911. The police investigation revealed the presence of a large

Back to The Basics With Erik Olin Wright

Updated: 2011-12-12 06:15:31

Because even though the Fall term will soon be over, but not quite yet, I am already thinking ahead of how I am going to start the next term. Somehow, I am never fully satisfied with my first session of introduction to sociology, and of the way I explain the basics to grab my students’ [...]

Damn Lazy Greeks v. Hard-Working Germans… Oh Wait…

Updated: 2011-12-10 02:34:47

Apparently not, although I suspect the narrative of lazy and careless Mediterranean Europe versus German puritanism will persist:

Medford Massachusetts Man Arrested, Charged With Trying To Bring Drugs Into Framingham Prison

Updated: 2011-12-07 00:02:38

, 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 Next Medford Massachusetts Man Arrested , Charged With Trying To Bring Drugs Into Framingham Prison December 6, 2011 Posted In : Drug Crimes Search and Seizure By Stephen Neyman , . P.C on December 6, 2011 7:02 PM Permalink A twenty four year old Medford , Masschusetts man , Brian Falasca was attempting to visit an inmate at M.C.I . Framingham this past weekend . During a search of his person prison guards found a suboxone pill in his shirt pocket . Falasca was interviewed . He denied intending to give the pills to the inmate . He claimed to have forgotten that he had the pills in his pocket .

How Hate and Law Collide

Updated: 2011-12-05 21:55:51

2nd When Law and Hate Collide Pan-European Hate Crime Symposium

Tea Party Ignorant of the U.S. Constitution

Updated: 2011-12-04 03:21:50

Eight reasons why the Tea Party appears ignorant of the American constitution: 1. Congress enjoys a Constitutional authority to provide social services. 2. SCOTUS has upheld broad federal powers under the Constitution. 3. Far from outlawing gay marriage, Constitutional Amendments actually protect it. 4. The 14th Amendment forbids severe immigration laws that racially profile 5. [...]

Paramedic From Lowell Massachusetts Charged With OUI Drugs After Being Stopped By Dracut Police

Updated: 2011-12-03 19:54:19

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 Paramedic From Lowell Massachusetts Charged With OUI Drugs After Being Stopped By Dracut Police December 3, 2011 Posted In : DUI OUI Drug Crimes By Stephen Neyman , . P.C on December 3, 2011 2:54 PM Permalink Just one week ago an unidentified person driving a car in Lowell , Massachusetts made an observation he thought worthy of police investigation . He noticed that the driving of another car was stopped in traffic and sleeping . This individual was then observed waking up and driving in an erratic manner , nearly colliding with a utility pole . The Dracut police arrived shortly thereafter and