• No Contempt Prosecution

    Updated: 2012-06-30 00:01:30
    Although Eric Holder, head of the US Department of Justice, has been cited for contempt of Congress, he will not be prosecuted by the US Department of Justice, reports Mike Scarcella at BLT.We were on the edge of our seats in suspense over that one.

  • Getting It Quick v. Getting It Right

    Updated: 2012-06-29 20:21:27
    . HOME Main No Contempt Prosecution Getting It Quick v . Getting It Right June 29, 2012 1:21 PM Posted by Kent Scheidegger 0 Comments Brian Stelter at the NYT has this story on the initial misreporting of the health care decision on both CNN and Fox News Channel . nbsp On Fox , the error was corrected a moment later , but CNN continued to report the wrong result for six . minutes The source of the error was that reporters jumped to the result from the fact that a majority rejected the Commerce Clause as a basis for the individual mandate , which everyone expected to be the main battle . nbsp James Taranto has this column at the WSJ on Justice Ginsburg's bitter concurrence on this point . They didn't wait for the decision on the alternative theory that the mandate is a . tax This isn't the

  • News Scan

    Updated: 2012-06-29 20:12:32
    HOME Main Getting It Quick v . Getting It Right News Scan June 29, 2012 1:12 PM Posted by CJLF Staff 0 Comments SF Mayor Considering Implementing Stop-and-Frisk : Policy The Associated Press reports San Francisco Mayor Ed Lee told the San Francisco Chronicle's Editorial Board on Wednesday that he is considering implementing a stop-and-frisk policy so police officers can get guns off the streets . The policy has been used in other major cities including New York and Philadelphia . Critics say the policy leads to racial profiling . This is under consideration as a way to make sure that we keep homicides and some of these other violent crime(s down , Lee said . I think we have to get to the guns . I know we have to find a different way to get to these weapons , and I'm very willing to

  • Murderers laugh in state 'play' pen

    Updated: 2012-06-29 16:29:56
    Andrea Peyser has this story, with the above headline, in the New York Post.From Sing Sing to San Quentin, they're laughing at us. And still, punishment abolitionists (including a good number of university professors) are pushing for more prisoners' rights and an even cushier time in the can.Wardens say they're nice to the worst offenders because it keeps them quiet and makes prison life easier. Which explains why many cons prefer being inside.

  • Perdue Vetoes RJA Fix

    Updated: 2012-06-29 15:45:48
    As expected, North Carolina Governor Bev Perdue has vetoed the bill to repair the badly misnamed Racial Justice Act, the law that allows murderers to escape justice with statistics that don't actually prove anything. Craig Jarvis and John Frank have this story in the Charlotte Observer. A veto override hangs by a thread.

  • Free Bill Posters!

    Updated: 2012-06-28 19:36:19

  • Why FunnyJunk’s Lawsuit Against Matthew Inman Was Doomed

    Updated: 2012-06-28 18:32:34
    So why would a company file a defamation lawsuit that’s near impossible to win? It could be a scare tactic to get Inman off FunnyJunk’s back.

  • News Scan

    Updated: 2012-06-28 17:45:31
    HOME Main Perdue Vetoes RJA Fix News Scan June 28, 2012 10:45 AM Posted by CJLF Staff 0 Comments House Votes Holder in Contempt : Stephen Dinan of The Washington Times reports the House on Thursday voted 255-67 to hold Attorney General Eric Holder in contempt of Congress in the investigation of the Fast and Furious gun-walking operation . It is the first time an attorney general has been held in contempt by a chamber of Congress . Judge Rejects Fed's Request to Block Florida Voter : Purge The Associated Press reports U.S . District Judge Robert Hinkle on Wednesday rejected a lawsuit from the Department of Justice filed earlier this month to block Florida's purging of ineligible voters from the state's voter rolls . Hinkle said federal voting laws do not cover voters who should never have

  • Valor Stolen Again

    Updated: 2012-06-28 14:14:30
    HOME Main News Scan Valor Stolen Again June 28, 2012 7:14 AM Posted by Kent Scheidegger 2 Comments The Supreme Court's decision in the Stolen Valor Act case , United States v . Alvarez is here This is a profoundly disappointing decision . nbsp Government prohibits speech and other forms of expression which are false or even have a potential to mislead under circumstances much less compelling than those in this case . nbsp In the Gay Olympics case , for example , the Court upheld a prohibition on the use of a historical word to describe an athletic event because it might dilute the trademark given by Congress to one organization . nbsp In trademark law , Congress prohibits selling cheap imitations of expensive items even if the buyer is very well aware it is not the famous brand , and the

  • Lemons to Lemonade in Miller v. Alabama

    Updated: 2012-06-27 21:10:28
    . HOME Main Valor Stolen Again Lemons to Lemonade in Miller v . Alabama June 27, 2012 2:10 PM Posted by Bill Otis 5 Comments As a matter of Constitutional law , it seems to me that the dissents in Miller had the better of the argument . But for those worried that Miller is nothing more than the continuation of the slow chipping away of both capital punishment and LWOP , with Justice Kennedy providing the key vote see Roper and Kennedy v . Louisiana let me try to provide some cheering up . Miller is different in one very important . way The Left had been hoping that Miller would spell the end of LWOP for juveniles . In fact , that absolutist position got nary a vote . To the contrary , Miller did what Roper and Kennedy failed to do , i.e . provide for indeed , demand individual

  • News Scan

    Updated: 2012-06-27 20:15:43
    HOME Main Lemons to Lemonade in Miller v . Alabama News Scan June 27, 2012 1:15 PM Posted by CJLF Staff 0 Comments Arizona Executes Inmate for 1986 : Murder Bob Ortega and Michael Kiefer of The Arizona Republic report Samuel Lopez was executed by lethal injection in Arizona this morning for sexually assaulting and stabbing a woman to death in 1986. Estefana Holmes , a grandmother and seamstress , was stabbed more than 23 times and her throat was slashed with her own kitchen knives . For the first time , the state's Department of Corrections allowed witnesses to watch the executioners insert the intravenous catheters that deliver the single drug pentobarbital , via close-circuit TV . More than a dozen of Holmes' family members spoke at the Board of Executive Clemency hearing on Friday in

  • Article with Ontario Ombsudsman

    Updated: 2012-06-27 19:32:54
    The Office is seeking an Articling Student, who will work as part of the Ombudsman’s legal team. To be eligible for the Articling Program, candidates must have either completed law school at the start of the articling period or have received a certificate of qualification from the National Committee of Accreditation. Under the direction of [...]

  • Judges Replacing Lawyers with Machines for Some Tasks

    Updated: 2012-06-27 17:20:27
    If we let a computer conduct a large percentage of the document review in a particular case, without human oversight, there will be no way of knowing for sure that it didn’t miss any relevant documents, or let a significant number of irrelevant documents slip through.

  • Should Prisons Consider Releasing Older Inmates?

    Updated: 2012-06-27 00:30:49
    Keeping senior citizens in jail costs state and federal governments about $16 billion per year.

  • Malden, Saugus Among Massachusetts Towns Involved in Nationwide Prostitution and Drug Sweep Arrests

    Updated: 2012-06-26 22:18:14
    , 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 Malden , Saugus Among Massachusetts Towns Involved in Nationwide Prostitution and Drug Sweep Arrests June 26, 2012 Posted In : Sex Crimes By Stephen Neyman , . P.C on June 26, 2012 4:18 PM Permalink Operation Cross Country was a three day undercover venture that involved Massachusetts towns including Saugus and Malden The target of the investigation was teenage sex trafficking . In Massachusetts alone three pimps and several other people were arrested for Pimping Prostitution and Drug Charges A high level local law enforcement described the young prostitutes as victims , not criminals . The operation

  • News Scan

    Updated: 2012-06-26 20:37:34
    HOME Main News Scan News Scan June 26, 2012 1:37 PM Posted by CJLF Staff 0 Comments Brazil Inmates Get Sentences Reduced by Reading : Books Reuters reports a new program in Brazil prisons called Redemption through Reading will shorten inmates' sentences by four days for every book they read . Inmates in four federal prisons will be able to read up to 12 books to cut a maximum of 48 days off their sentence each year . They will have up to four weeks to read each book , and afterwards must write an essay . A panel will decide which inmates are allowed to participate in the program . Shame Punishments in the Spotlight : Lynn DeBruin of the Associated Press reports unconventional sentences meant to shame defendants appear to be on the rise in the U.S . The most recent example is out of Utah ,

  • In Rare Move, Federal Judge Blocks Sex-Trafficking Law

    Updated: 2012-06-26 18:03:58
    A federal judge in Washington state has granted a temporary restraining order barring the state from enforcing a law that would require the providers of classified ads, such as newspapers and websites, to verify the ages of everybody who works at any sex-related business that takes out an advertisement.

  • Couple From Plymouth, Taunton Charged With Theft Crimes After Breaking Into Home and Getting Caught by Owner

    Updated: 2012-06-25 22:42:22
    , 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 Couple From Plymouth , Taunton Charged With Theft Crimes After Breaking Into Home and Getting Caught by Owner June 25, 2012 Posted In : Theft Crimes By Stephen Neyman , . P.C on June 25, 2012 4:42 PM Permalink Last week a woman who lives on Newcomb Place in Taunton , Massachusetts returned home after being away overnight . When she entered her apartment she observed Katherine Lee Ferguson , a Plymouth , Massachusetts resident , naked and cooking breakfast . Ferguson's friend Kyle Timmons of Taunton was also present . It is alleged that the two broke into the home through the back doors . The

  • The high cost of crime

    Updated: 2012-06-25 22:25:48
    HOME Main News Scan The high cost of crime June 25, 2012 3:25 PM Posted by Kent Scheidegger 2 Comments Michael Hinkelman reports at : philly.com THE ANNUAL COST of violent crime in Philadelphia averages more than 472 per person , or a total of 736 million in 2010 alone . That's just one eye-popping conclusion of a new study examining costs associated with violent . crime In the case of Philadelphia , the costs are staggering . The report's authors concluded that the direct , annual costs of violent crime in Philadelphia in 2010 came to 736 million . When intangible costs associated with violent crime are factored in such as the pain and suffering of surviving victims the tab for violent crime here topped out at 3.7 billion a . year Interestingly , the study is sponsored by the Center for

  • News Scan

    Updated: 2012-06-25 20:37:36
    HOME Main The high cost of crime News Scan June 25, 2012 1:37 PM Posted by CJLF Staff 0 Comments Supreme Court Ruling on Arizona Immigration Law to Impact Other : States Pamela Constable of The Washington Post reports the U.S . Supreme Court ruled this morning to allow the provision of Arizona's immigration law that requires police to check the immigration status of anyone they encounter while performing their duties . The court struck down other parts of the law that they say conflict with federal law , such as making it a crime for illegal immigrants to seek out jobs . Federal districts courts have blocked similar laws in Georgia , Indiana , Utah , and South Carolina , which may now need to be changed to apply the high court's ruling . In Alabama , federal courts upheld a law allowing

  • Misreporting Miller

    Updated: 2012-06-25 19:24:17
    HOME Main News Scan Misreporting Miller June 25, 2012 12:24 PM Posted by Bill Otis 0 Comments The Federalist Society asked me to write one paragraph for press distribution about today's decision in Miller v . Alabama . As I explained in that short statement , perhaps the most surprising thing about the opinion is the inability of so much of the press to understand what it holds . Reports of the demise of juvenile LWOP are incorrect and , if I don't miss my guess , the result of considerable wishful thinking from the usual suspects , and others , in the liberal media I : noted By a 5-4 vote , the Supreme Court held that states cannot mandate life without parole LWOP for juveniles convicted of murder . Although initial press coverage for example , from the AP , the Wall Street Journal , and

  • Some Further Thoughts on Miller

    Updated: 2012-06-25 16:16:56
    HOME Main Misreporting Miller Some Further Thoughts on Miller June 25, 2012 9:16 AM Posted by Kent Scheidegger 4 Comments A few more quick thoughts on the scope of today's decision in Miller v . Alabama Many states are already in compliance . nbsp For example , California Penal Code 190.5(b provides that the sentence for a juvenile convicted of first-degree murder with special circumstances our odd term for capital murder is LWOP or 25-to-life at the discretion of the court . In my opinion , this complies with today's . decision All new U.S . Supreme Court decisions are retroactive to cases pending on direct appeal , as Miller was . nbsp They can be retroactive to cases on state collateral review , as Jackson was . nbsp States can choose to follow the Teague rule or not . nbsp Danforth v .

  • Woodsonizing JLWOP

    Updated: 2012-06-25 15:24:09
    The initial report from AP this morning said that the Supreme Court had banned life-without-parole for juveniles convicted of murder. That is wrong. The Court actually held in Miller v. Alabama that a mandatory sentencing statute for JLWOP is unconstitutional. In other words, the Court is continuing on the track of applying to life-without-parole for juveniles the same kinds of limitations it has long applied to the death penalty for adults. First they banned the penalty for crimes less than murder. Today, they require that the sentencer have discretion to impose it or not.

  • The Quote du Jour – Systemic Failure

    Updated: 2012-06-23 18:46:03
    “When New Labour started banging on about “lifting children out of poverty”, I knew in my heart that its “project” was a dud. Widespread deprivation – among the adults who have the children, not the children themselves – is a signal of a systemic failure, not an unfortunate by-product of an otherwise healthy economy. New Labour tried [...]

  • Two Haverhill Massachusetts Men Charged With Attempted Robbery, Assault by Means of a Dangerous Weapon, Firearm Possession in Lawrence

    Updated: 2012-06-22 19:04:01
    , , 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 Haverhill Massachusetts Men Charged With Attempted Robbery , Assault by Means of a Dangerous Weapon , Firearm Possession in Lawrence June 22, 2012 Posted In : Firearms Violent Crimes By Stephen Neyman , . P.C on June 22, 2012 1:04 PM Permalink Lawrence , Massachusetts police broadcast information that two individuals involved in a firearm incident were in a grey Jeep somewhere in the area . Haverhill police hearing the description saw the vehicle at a gas station and arrested Franklin Gary and Cam Vitalone , both from Haverhill . It is reported that two defendants approached two men who

  • The Visual Du Jour – Moving

    Updated: 2012-06-21 06:18:34
    Here is another video demonstrating a great interactive visualization of global migration flows. I found it on Good, but the original is here and the actual visualization is here. As always, it’s better to watch it in full screen. The Visual Du Jour – Moving from SocProf on Vimeo. Youtube version here.

  • Music Break – Hard Fi

    Updated: 2012-06-18 06:52:57
    Gosh I love this new Hard Fi album (especially because the previous one was so disappointing), so, here is another single from their Killer Sounds album, Fire in The House:

  • "Crime, Punishment, and the Psychology of Self-Control"

    Updated: 2012-06-17 21:22:31
    Recently Posted to SSRN: "Crime, Punishment, and the Psychology of Self-Control" Emory Law Journal, Vol. 61, No. 501, 2012 Washington University in St. Louis Legal Studies Research Paper No. 12-05-22 REBECCA E. HOLLANDER-BLUMOFF, Washington University in Saint Louis - School...

  • The Visual Du Jour – The Good Life

    Updated: 2012-06-16 06:08:41
    [Since it is an interactive visual, I decided to have some fun with Camtasia rather than just take a few screen grabs... and yes, I really sound like that.] A quick overview of the annual OECD Better Life Index, a really neat data set on a variety of social indicators, summarized in a very visually [...]

  • Lawrence Massachusetts Woman to Face Charges of Intimidation of a Witness After Encounter With Victim in Lawrence District Court

    Updated: 2012-06-13 16:22:45
    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 Woman to Face Charges of Intimidation of a Witness After Encounter With Victim in Lawrence District Court June 13, 2012 Posted In : Domestic Violence Violent Crimes By Stephen Neyman , . P.C on June 13, 2012 10:22 AM Permalink Eufemia Abrego was at the Lawrence District Court yesterday showing support or her brother who is facing a Domestic Violence charge involving his wife . The forty five year old Lawrence native approached the victim , her sister-in-law who was sitting on a bench outside of the courtroom . It is alleged that there Abrego told the victim to drop all

  • The Visual du Jour – Peace

    Updated: 2012-06-13 05:33:03
    The annual Global Peace Index for 2012: No big surprises here: Sudan, DRC, Yemen, Iran and Afghanistan “top” the list of least peaceful countries and Scandinavia still has the most peaceful countries, with Iceland as number 1, with the rest of Europe, Canada, Japan, Australia and New Zealand in the same category. I wonder what [...]

  • Two Haverhill Massachusetts Men Face Kidnapping, Assault With Intent to Murder Charges After Arrest in Billerica

    Updated: 2012-06-12 19:22:44
    , 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 Haverhill Massachusetts Men Face Kidnapping , Assault With Intent to Murder Charges After Arrest in Billerica June 12, 2012 Posted In : Violent Crimes By Stephen Neyman , . P.C on June 12, 2012 1:22 PM Permalink The Lowell Sun reports that around 4:30 yesterday afternoon Billerica , Massachusetts police were called for a shooting near a new convenience store on Boston Road after a man entered the store , bleeding and complaining that he has just been shot at . The victim stated that the defendants , Jose Jusino and Joshua Ruiz , both from Haverhill , Massachusetts kidnapped him at gunpoint

  • Farewell to “Prison Law Blog,” Hello to “Evolving Standards of Decency”

    Updated: 2012-06-12 03:40:46
    Dear all, As I noted a few weeks ago, I am officially placing this blog on hiatus as I am moving onto some new endeavors. But there are two pieces of good news. First, I am happy to announce that a new blog, “Evolving Standards of Decency,” will be picking up where I left off [...]

  • Lawrence Massachusetts Sex Offender, 70, Found in Possession of Child Pornography, Charged with Massachusetts Sex Crimes

    Updated: 2012-06-11 21:41:45
    , , 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 Sex Offender , 70, Found in Possession of Child Pornography , Charged with Massachusetts Sex Crimes June 11, 2012 Posted In : Child Pornography Search and Seizure Sex Crimes By Stephen Neyman , . P.C on June 11, 2012 3:41 PM Permalink The manager of a rooming house in Lawrence , Massachusetts found a laptop in the laundry room that she believed belonged to one of the tenants . Rather than return it the woman opened it and found images of Child Pornography She then called the police . It was determined that the computer belonged to Gerard Anthony Burbine , a registered sex

  • Massachusetts Woman Caught With Bags of Heroin Charged With Drug Conspiracy, Possession With Intent to Distribute

    Updated: 2012-06-07 21:42:41
    , 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 Massachusetts Woman Caught With Bags of Heroin Charged With Drug Conspiracy , Possession With Intent to Distribute June 7, 2012 Posted In : Drug Crimes By Stephen Neyman , . P.C on June 7, 2012 3:42 PM Permalink As part of a three month investigation , police in Brewster , Massachusetts received information that certain individuals might be transporting Heroin on Cape Cod . The investigation resulted in a stop of a car being driven by a twenty four Cape Cod woman . The woman was accompanied by two men , John Hurst and Adam Larsen . After the car was stopped officers located about four hundred

  • Truth in Sentencing

    Updated: 2012-06-06 21:54:06

  • Stars Contracts in Star Wars

    Updated: 2012-06-05 21:08:24

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