Category: Criminal law

Tanzanian Election Warning: No Witchcraft

180px-lassa_witch_doctorsWith the exception of the controversies involving involving Christine O’Donnell and Sarah Palin, witchcraft has not been a persistent problem in this country’s elections. The same cannot be said for Tanzania. Indeed, the problem is so great that the government has released a warning to candidates in the October elections not to engage in witchcraft in an attempt to improve their odds. The warning is primarily meant to protect the country’s 30,000 albinos who are often murdered so that people can use their body parts in witchcraft.

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Probative or Prejudicial? Woman Charged With Road Rage Killing of Sailor Has History of Restraining Orders From Ex-Boyfriends

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The shocking death of U.S. Sailor Zach Buob, 39, has become even more disturbing with the disclosure that the other driver, Darla Jackson, has been repeatedly hit with restraining orders, including one from a boyfriend who said that she said that she would run him over with her car.

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English Dame Proposes New Rule For Rape Cases That Women Cannot Consent When Intoxicated

elishangioliniThe English court system is considering a controversial new report by Dame Elish Angiolini that would establish a rule that women cannot be viewed as consenting to sex if they are found to be intoxicated. The report is pushing an amendment of the Sexual Offences Act to establish the rule.

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N.Y. Police Officer Allegedly Steals Dead Man’s Credit Card and Buys Diamond Ring

Diamond215px-NypdpatchA New York City police officer Ymmacula Pierre, 30, has been charged with possession of stolen property, identity theft and official misconduct after allegedly stealing the credit card information of a man found dead in an apartment in Union Square. She allegedly used the information to go to Zales and buy a diamond ring.

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ISIS Reportedly Executes Three Teenagers and Arrests Others For Raising Pigeons

180px-Blue_Rock_Pigeon_(Columba_livia)_in_Kolkata_I_IMG_9762AQMI_Flag.svgThe problem with ISIS and many Islamic extremists is that it is increasingly hard to tell what is a real story and what is an absurd Onion story. However, this appears a real story. When ISIS is not sledgehammering priceless artifacts and bulldozing ancient cities, it is arresting pigeon breeders and unIslamic. Why? Most articles report that the reason is that the breeding takes away time from worshipping Allah while some have reported that ISIS fanatics have also complaint that the sight of the birds’ genitals as they fly overhead is offensive to Islam. The latter rationale would seem to require exceptionally good eyesight or exceptionally well-endowed pigeons.

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Un-Made Man: Blatter to Resign From FIFA

Sepp_Blatter_Nov_2013_ZurichFlag_of_FIFA.svgFacing an expanding scandal (including new information tracing an $10 million to one of his closest aides) FIFA President Sepp Blatter said Tuesday he will resign from FIFA. It is a long overdue action by Blatter that only took decades of corruption and scandal as well as international arrests. Many critics are still hopeful that Blatter (who has recently repeated his contempt for reformers and the investigation of corruption) will be the next to be indicted. Blatter however insists that he will remain in his position pending a new election that might not occur until December. Continue reading “Un-Made Man: Blatter to Resign From FIFA”

Iran Jails Cartoonist For Mocking Members of Parliament

548x331208126_atena_farghadaniIran has continued its assault on free speech this week with the jailing of an artist for simply drawing a cartoon disparaging members of parliament. Atena Farghadani, 28, who is a peaceful activist and artist who sought to mock the decision to restrict birth control for women. Rather than respond to such criticism, the ruling Mullahs sent her to jail.

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ELONIS AND THE NEAR MISS FOR INTERNET FREE SPEECH

Supreme CourtBelow is my column today in USA Today on the decision of the Supreme Court to reject the Obama Administation’s argument for a low standard in criminalizing speech on the Internet and other forums. The Court did not have to directly deal with the free speech implications of the case since it ruled on the standard for criminalization. The Court rejected the lowest standard of a reasonable person in establishing a criminal threat. However, with the remand, the issue may come back to the Court under another effort to adopt an alternative standard of recklessness.

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SUPREME COURT RULES AGAINST ADMINISTRATION ON CRIMINALIZING INTERNET SPEECH

Supreme CourtThe Supreme Court has handed down its decision in Elonis v. United States, a case that had sweeping implications for free speech on the Internet. The Obama Administration sought to establish a low standard for criminalizing speech based on a reasonable person standard that would have gutted the requirement of scienter or intent in establishing a criminal threat. The Court adopted the narrowest basis to remand the case but it clearly rejected the lower standard sought by the Administration. In doing so, free speech dodged a bullet today and the Obama Administration came perilously close to rolling back on protections for free speech on both the Internet and social media.

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Welcome to Painesville: Ohio Judge Orders Woman To Either Accept Jail Or Being Sprayed In Eyes With Pepper Spray

judge-01Welcome to Painesville. In this aptly named Ohio town, Painesville Municipal Court Judge Michael Cicconetti ordered Diamond Gaston, an assault suspect who pepper-sprayed someone in the face at a fast-food restaurant, that she could choose between 30 days in jail or be pepper-sprayed by her victim. Cicconetti then had the pepper-spray replaced with harmless saline spray without telling Gaston.

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Nothing But Blatter: FIFA President Issues Mocking Rebuke To Those Calling For Reform and Prosecution to End Corruption

Flag_of_FIFA.svgSepp_Blatter_Nov_2013_ZurichAs we discussed earlier, FIFA has responded to the arrests of soccer officials in its latest corruption scandal with open contempt for the public and prosecutors. Sepp Blatter, 79, was reelected as FIFA’s president for a fifth term by the world governing body’s 209 member associations. FIFA officials were still be processed as arrestees in the corruption investigation in the United States, but Blatter was reelected by a group that seems little more than made men in an international criminal organization. Now, Blatter has gone public with a mocking public rebuke of everyone who has tried to reform his organization and fight corruption.

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Bankers Make a Mockery of the Law, and No One Goes to Jail

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Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contibutor

It has happened again.  Several big banks have been caught with their hands in the cookie jar and are paying billions in fines for their admitted transgressions.

“On Wednesday, four large global banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to a series of federal crimes over a scheme to manipulate the value of the world’s currencies. The Justice Department accused the banks of collusion in one of the largest and yet least regulated markets, noting that at one bank one trader remarked “the less competition the better.”

That lack of oversight, coupled with the pressure to squeeze profits from a relatively middling business, set the stage for this scandal, one that unfolded nearly every day for five years. The crimes described on Wednesday also painted the portrait of something more systemic: a Wall Street culture that enabled many big banks to break the law even after years of regulatory black marks after the crisis.” New York Times Continue reading “Bankers Make a Mockery of the Law, and No One Goes to Jail”

Made Man: Sepp Blatter Reelected FIFA President Despite Expanding Corruption Scandal and Arrests

Flag_of_FIFA.svgSepp_Blatter_Nov_2013_ZurichIn the ultimate signal from the FIFA leadership that it cares little about corruption or public opinion or even criminal prosecution, Sepp Blatter, 79, was reelected as FIFA’s president for a fifth term by the world governing body’s 209 member associations. FIFA officials are still be processed as arrestees in the corruption investigation in the United States, but that was not a barrier to Blatter who has been accused for years of ignoring and even encouraging corruption in the organization.

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Former House Speaker Hastert Indicted

220px-Dennis_Hastert_109th_pictorial_photoThe details on the indictment of former U.S. House Speaker Dennis Hastert, 73, have remained hazy with some notable gaps in the underlying criminal enterprise alleged in the complaint. The theory is that Hastert was paying millions to a blackmailer and tried to hide the payment through “structuring” of withdrawing less than $10,000 to avoid reporting to the federal government. What is interesting however is that the underlying alleged blackmailer has not been charged. There is also the question of the subject of the earlier “misconduct” and whether it could be charged. Some offenses like child molestation can be charged many years after the fact. Hastert was indicted on two counts for charged with lying to the F.B.I. and the structuring of withdrawals, both carrying a maximum penalty of five years in prison and a $250,000 fine.

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Georgia Officer Indicted In Shooting Of Unarmed Driver

ernest-satterwhite7389335_G A Georgia grand jury has indicted former police officer Justin Gregory Craven (left) for the shooting death of an unarmed driver, Ernest Satterwhite, 68, through his car window following a car chase. What is interesting about the case is the grand jury rejected homicide charges and the prosecutors then asked and received a charge for discharging a firearm into an occupied vehicle.

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