Category: Criminal law

Extreme Judicial Makeover: Utah Judge Orders Mother To Cut Off 13-Year-Old Girl’s Ponytail Or Accept Longer Detention

I have previously and repeatedly written against the use of shaming and novel sentencing by judges around the country (here and here and here). Judges often thrill the public by imposing their own forms of justices — departing from conventional criminal sentences to force people to clean courtroom with toothbrushes, wear demeaning placards, or carry out publicly humiliating tasks. Now, Utah District Juvenile Judge Scott Johansen has joined this circus of judicial Caesars after giving a mother the choice to cut off his daughter’s ponytail in front of him or accept a longer sentence. The mother, Valerie Bruno, relented and cut off Kaytlen Lopan, 13,in the courtroom.

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Illinois Supreme Court Rules Consensual Sex With 17-Year-Old Is Legal But Consensual Pictures Of Sex With 17-Year-Old Is A Crime

The Illinois Supreme Court handed down an interesting decision on Thursday where it ruled that it was not illegal for an adult man to have sex with a 17-year-old girl but it was illegal to film it. Marshall Hollins, 32, was arrested in March 2009 and charged with three counts of child pornography after photographing himself having sex with his 17-year-old girlfriend. The sex was fine but the photos were the crime.

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Heaven Can Wait: Study Finds That People Who Believe In Heaven Are More Likely To Commit Crimes

University of Oregon Professor Azim Shariff and University of Kansas Professor Mijke Rhemtulla published an interesting study in the scientific journal PloS One finding that people who believe in heaven are more likely to commit a crime. It appears that the promise of fire and brimstone of hell is a far greater motivator for good conduct than the harps and cherubs of Heaven.

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Four Hasidic Men Charged With Attempted Coercion and Bribery Of Victim To Protect Prominent Hasidic Defendant in Child Abuse Case

We previously discussed the decision of prosecutors to grant ultra-Orthodox Jewish defendants anonymity — denied to other defendants — in facing sex-crime charges. It is, in my view, a highly problematic form of favoritism shown to a powerful community in Brooklyn. Moreover, as discussed earlier, it is highly unlikely in this tight-knit community that the identification of both the accused and victims would not be known. Now, four Hasidic men have been arrested for alleged harassment and obstruction of witnesses, including the offer of a $500,000 bribe to refuse to testify against a Hasidic leader. The prominent accused man in the Satmar Hasidic community, Nechemya Weberman, has been accused of 88 counts of sexual misconduct, including oral sex with a child younger than 13 years old. In addition to the money, the men are accused of threatening to withdraw the kosher certification from the restaurant of the boyfriend, Hershy Deutsch, unless the woman dropped her claims.
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Police Reviewing Video of Abuse of Grandmother On New York Middle School Bus

As a parent, this video of middle school students taunting a grandmother Karen Klein, 68, on a school bus is nothing short of revolting. The grandmother was on the bus as a monitor and is reduced to tears by the cruel comments and threats of the children. The bus belongs to the Greece Central School District in New York.

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Prosecutors Admit Defendant Is Insane In Major Homicide Case . . . In Norway

Norwegian prosecutors today did something that U.S. prosecutors appear incapable of doing in high-visibility case — admit that a defendant is legally insane. Prosecutors in the case of confessed mass killer Anders Behring Breivik’s trial told the court that he should be committed to compulsory psychiatric care instead of prison. They stated that their were too many doubts about his sanity when the 33-year-old Norwegian killed 77 people in a bomb and gun rampage on July 22.

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Easter Planting: California Lawyers Arrested In Bizarre Alleged Frame Up Of PTA President

Two California lawyers have been arrested in a bizarre alleged conspiracy to plant drugs in the car of the PTA president of their child’s school. Lawyers Kent Wycliffe Easter, 38, and Jill Bjorkholm Easter, 38, targeted Kelli Peters because they felt she treated her son poorly by locking him outside of the school for 20 minutes. They are accused of putting Vicodin, Percocet, marijuana, and a used marijuana pipe behind the front seat of her car to frame her.

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Deliberative or Evasive? Obama Asserts Privilege Over “Fast and Furious”

President Barack Obama today asserted executive privilege over documents long sought by Congress in the investigation of the “Fast and Furious” operation. The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities.

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“I Have A Problem With That”: Democratic Candidate For U.S. Senate In Tennessee Charged With Solicitation Of A Minor

While kissing babies is the stereotype of a politician, Democratic Senate candidate Thomas K. Owens is accused of a far more felonious interest after a charge of the solicitation of a minor. Police say that when asked about the solicitation of a 7-year-old girl, he said “I have a problem with that.” He was not considered a serious candidate for the primary.

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Sandusky Makes Histrionic Personality Disorder Claim In Defense Of Molestation Charges

Jerry Sandusky’s legal team is claiming that the former Penn State coach suffers from histrionic personality disorder, which is why he corresponded so extensively with his alleged victims and exhibited sexually seductive behavior. It is the type of argument that tends to leave many jurors unconvinced and can be viewed as too clever by half.

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Missouri Judge Accused Of Allowing Clerks To Dismiss Cases and Issue Orders While She Vacationed In China

Associate Circuit Judge Barbara T. Peebles is under investigation for allegedly allowing her clerks to handle litigation matters as she vacationed in China last year. To make matters worse, there is a criminal investigation into the disappearance of a document related to the vacation. In the meantime, another judge, Margaret J. Walsh resigned after allegations that she ordered the handcuffing of an assistant city counselor and used inappropriate or abusive language as well as allegedly attempting to influence city officials when her son was rejected for a job.

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San Francisco Bicyclist Charged With Vehicular Homicide

San Francisco prosecutors have brought relatively rare felony vehicular manslaughter charges against a bicyclist who allegedly hit and killed an elderly man, 71-year-old Sutchi Hui in a crosswalk. Chris Bucchere, 36, allegedly ran a red traffic light before hitting Hui who died later of his injuries. His trial could feature a highly inadvisable blog posting that he allegedly published after the fatal accident — bemoaning the loss of his helmet.

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Did NBC Bury Creepy Sandusky Interview?

Prosecutors in the trial of former Penn State coach Jerry Sandusky are asking NBC to turn over the tapes of an interview with him that had unaired creepy segments. It is not clear why NBC chose not to air the statements where Sandusky appears almost self-incriminating. There is no reason for NBC to protect Sandusky so many of us are perplexed why such revealing lines were left unaired.

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