Category: Criminal law

Bizarre, Criminal law, Politics, Society

Michigan DHS Takes Baby From Home Due To Parents Use Of Legal Medical Marijuana

marijuana_leafThere is a case in Michigan that captures what many parents complain is a child protective system that strips away basic due process rights and at times defies both logic and controlling authority. There may be no better example than the treatment of Gordon “Steve” and Maria Green after their 6-month-old baby girl, Bree, was taken away from them. The reason is the determination that the parents have marijuana in the house. It was not hard for the case worker to find: the Greens have a right to medical marijuana protected under state law. That did not matter to the Department of Human Services however and their baby was taken away from their Lancing home.

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Academia, Bizarre, Criminal law

University Of Florida Professor Reportedly Admits To Filming Female Students To Confirm Whether They Are Wearing Undergarments

professorsamuelsonUniversity of Florida Professor Don Samuelson, 65, has been arrested for a rather bizarre obsession. Using a camera pen, Samuelson was accused of filming under the clothing of female students in his class. What is even more bizarre is his defense: he insists that he was doing research to determine whether any students were not “wearing undergarments.” What Samuelson insisted was harmless research is considered by the police to be voyeurism.

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Bizarre, Criminal law, Society

Jacksonville Man Sues After Arrest For “Walking On Wrong Side Of The Street”

JSO_Badgeku-bigpicThe Jacksonville Sheriff’s office clearly has a lot of crime to address when its officers are arresting people for “walking on the wrong side of the road.”  That is what Bobby Wingate says happened to him. He says that the officer punched him and threatened to taser him for the heinous offense.

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Criminal law, Justice, Politics, Society, Uncategorized

Lockup Quotas and “Low-Crime Taxes” Helping to Make Money for the Private Prison Industry

PrisonCellSubmitted by Elaine Magliaro, Guest Blogger

In the Public Interest (ITPI), which describes itself as “a comprehensive resource center on privatization and responsible contracting,” released a report this month titled CRIMINAL: How Lockup Quotas and “Low-Crime Taxes” Guarantee Profits for Private Prison Corporations. The report provides information about “the prevalence of prison occupancy guarantee provisions in prison privatization contracts.” ITPI said that it had “identified 77 county and state-level private facilities nationwide and collected and analyzed 62 contracts from these facilities.” Of the contracts that ITPI reviewed, 65% contained occupancy requirements that ranged between 80% and 100%–with 90% being the most frequent quota guarantee.

ITPI found that the states of Arizona, Louisiana, Oklahoma and Virginia were locked into contracts with the highest occupancy guarantee requirements. All four states had quotas requiring an occupancy rate between 95% and 100%.

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Congress, Constitutional Law, Courts, Criminal law, Justice, Lawyering, Military

The Military’s War on Women Continues

United_States_Department_of_Defense_Seal_svg

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

I saw this story during this past week and I have to admit, that it made my stomach turn.  Despite the increased interest some in Congress and in the Pentagon have shown in how accusations of rape by female members of the military are treated, women can still jeopardize their careers and their mental well-being if they bring charges against their alleged attackers.

‘”For roughly 30 hours over several days, defense lawyers for three former United States Naval Academy football players grilled a female midshipman about her sexual habits. In a public hearing, they asked the woman, who has accused the three athletes of raping her, whether she wore a bra, how wide she opened her mouth during oral sex and whether she had apologized to another midshipman with whom she had intercourse “for being a ho.”’ New York Times Continue reading “The Military’s War on Women Continues” →

Bizarre, Criminal law, Society

Taking It To The Limit: Woman Cuts 64-Year Old Housemate For Playing Eagles Music

By Mark Esposito, Guest Blogger

baderI’ve seen some tough music reviews but 54-year-old  Witchy Woman Vernett Bader takes the cake. Incensed by her housemate’s incessant playing of top Eagles tunes like Hotel California, Lyin’ Eyes, and Life in the Fast Lane, Bader grabbed a 14-inch “steely knife” and cut her 64-year-old victim several times on the arm and hand. This  One of These Nights left Bader charged as a Desperado and facing a sentence for aggravated criminal domestic violence and her victim with a Hole in His World. The night’s Peaceful Easy Feeling was Already Gone when  both parties became so intoxicated that  they could not agree on the music. Proclaiming “I Don’t Want To Hear Anymore,” Bader downed her last Tequila Sunrise and went for the blade after her victim told her to “shut up” and thus starting her on her not so Long Road Out Of Eden.

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Constitutional Law, Criminal law, Free Speech, Politics, Society

An Opinion You Have To Like: Federal Court Rules Employee’s “Likes” Are Protected Speech

sheriff-and-triple-crown-deskHampton, Va., Sheriff B.J. Roberts appears not to have much time for actually fighting crime. Instead, after his reeleection, Roberts sought out employees who favored his opponent. It was not too difficult, he found jailer Daniel Carter who hit “like” on his opponents website. Roberts fired him and others allegedly viewed as disloyal. However, the United States Court of Appeals for the Fourth Circuit ruled this week that such a designation is protected speech under the First Amendment. The opinion in Bland v. Roberts is below.

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Bizarre, Criminal law, Society

Florida Man, 54, Arrested For Alleged Abusive Exorcism Of 80-Year-Old Girlfriend

Benes_11554720_8colWe have yet another bizarre case out of the Land O’ Lakes jail in Pasco County. David Edward Benes is under arrest for reportedly restraining and abusing his 80-year-old girlfriend in an effort to “exorcise her and the get the devil out of her.” What is interesting is that, given the age of his girlfriend, Benes is looking at the enhanced charge of domestic battery on a person older than 65 as well as tampering with a witness and false imprisonment.

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Bizarre, Criminal law, Society

95-Year-Old Man In Nursing Home Resists Going To Hospital . . . Police Arrive And Shoot and Kill Him With Stun Gun And Bean Bag Rounds

JohnWranaThere is a disturbing report out of Chicago where police were called when 95-year-old world War II veteran John Wrana refused to go to a hospital for a urinary tract infection. Called by paramedics to assist in getting Wrana into an ambulance, the Park Forest police showed up in riot gear and proceeded to shoot Wrana first with a stun gun and then with a bead bag fired from a shotgun. He no longer needed treatment for the urinary tract problem. He died from internal bleeding and blunt force trauma. He was about to celebrate his 96th birthday.

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Criminal law

L.A. Traffic Cop Sets Record For Complaints

deputyeltonsimmonsWe often cover abusive arrests and conduct by police officers. The fact is that the good work of officers goes without notice because it is neither news or the subject of a case. Yet, most officers conduct themselves in a professional and civil manner despite the dangers and stresses of their jobs. So we can finally take note of a story where an officer set a record of complaints in a good way. L.A. Sheriff’s Deputy Elton Simmons has written over 20,000 tickets as a traffic cop over 20 years and he has never been the subject of a complaint. Not one.

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Bizarre, Constitutional Law, Criminal law, International, Society

Swedish Court Rules That Public Masturbation Is Legal

516px-Greater_coat_of_arms_of_Sweden.svgA court in Sweden has handed done a rather novel ruling. The Södertörn District Court has declared that it is legal to masturbate in public so long as you are not “targeting” anyone in particular. Moreover, public prosecutor Olof Vrethammer says that he entirely supports the ruling.

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Constitutional Law, Courts, Criminal law, Lawyering

Federal Judge Throws Out Major Convictions of Former Police Officers Due To Prosecutorial Misconduct

600px-US-DeptOfJustice-Seal.svg DOJWe previously discussed the scandal involving federal prosecutors in New Orleans posting public comments attacking defendants and targets on various websites. That earlier scandal led to the discovery of even more widespread misconduct and yesterday to the overturning of a major prosecution of police officers. Describing the conduct of the Justice Department lawyers as “grotesque,” U.S. District Judge Kurt Engelhardt ordered a new trial for officers accused of deadly shootings at the Danziger Bridge after Hurricane Katrina and the subsequent cover-up.

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Criminal law, International

Beef, Its [Not] Whats For Dinner: Chinese Suppliers Found To Be Selling Pork Saturated in Chemicals As Beef

180px-pig_usda01c0116black-and-white-cow-3We have previously seen stories of fake eggs, the sale of rat meat and other disturbing accounts from China’s food supply system. Accordingly, this story is not quite as shocking as it probably should be. Chinese officials in Xi’an, Shaanxi province have seized over 20,000 kg of fake beef made from pork and treated with chemicals to be sold for human consumption.

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Academia, Criminal law, International

Beer Fight Or Just A Categorical Imperative Gone Wrong? Fight Erupts in Beer Line Over Kantian Difference

beer220px-Immanuel_Kant_(painted_portrait)Fights over beer are hardly unknown, particularly in the hard drinking circles of Russia (though vodka would appear the more likely fuel). However, police were called to a fight between two men standing in line over beer where one shot the other after arguing over . . . the writings of philosopher Immanuel Kant. It is clear that Kant and beer do not mix.

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Criminal law, Society

North Carolina Police Officer Charged With Manslaughter With Shooting Of Unarmed Man

ferrell-1-0915charlotte16n-1-webCharlotte-Mecklenburg Police Officer Randall Kerrick (right) has been charged with voluntary manslaughter after he shot and killed an unarmed man who was reportedly looking for help after getting into a car accident. Jonathan Ferrell, 24, was a former Florida A & M football player.

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