Category: Criminal law

Houston Police Arrest Woman Who Warned Drivers of Speed Trap

We have previously seen cases involving the arresting of citizens who merely warn others of a speech trap. Despite rulings that correctly recognize such acts as free speech, the arrests continue. The latest is a woman in Houston, Texas, Natalie Plummer, who was jailed for 12 hours after she held up a sign to warn drivers about a speed trap.

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Down In The Valley II: What Did They Know And When Did They Know It?

By Mark Esposito, Guest Blogger

The conviction of former Penn State football coach Jerry Sandusky on 45 counts of child molestation and abuse seemed like the worst storm residents of Happy Valley could have endured. Now it seems that was just the opening gust of the hurricane. A series of emails recently turned over to investigators from a secret file in AD Tim Curley’s office suggests that university president, Graham Spanier, was more involved in the cover-up that previously thought and that former PSU head coach, Joe Paterno, was just as involved as many of us thought. Just 16 days after grad student, Mike McQueary, walked into the showers at the Penn State’s football temple athletic facility to find Sandusky behind a ten-year-old making “slapping noises,” an email issued from university vice president, Gary Shultz, to Spanier setting forth the agreement to report Sandusky’s actions. On February 26, 2001, Shultz wrote the three-part plan was to “talk with the subject [Sandusky]… contact the charitable organization [Second Mile]… and contacting the Department of Welfare.” In Pennsylvania, the Department of Welfare is required to investigate all allegations of child abuse. It works hand-in-glove with the law that requires educators and those working with children to report allegations of child abuse.

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Walking Back On Gun-Walking

-Submitted by David Drumm (Nal), Guest Blogger

Katherine Eban of Fortune has published the results of a six-month investigation into the Fast and Furious scandal that turns the previous narrative on its head. Eban notes a fundamental misconception at the heart of the scandal: while no one disputes that straw purchasers repeatedly bought guns that fell into the hands of criminals, “five law-enforcement agents directly involved in Fast and Furious tell Fortune that the ATF had no such tactic.”

Eban points out the irony of Republicans, who support the National Rifle Association’s attempts to weaken gun laws, chiding the ATF for not interdicting enough guns.

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Indiana SWAT Units Raids Wrong Home After Seeing Internet Posting Threatening Local Police

Police in Evansville, Indiana were alarmed to find threatening comments from someone on the Internet toward local police. They responded by sending a SWAT team to a home to capture the person who left the Topix postings. They invited a camera crew to watch them take down the villain — and it did not exactly turn into the camera-ready moment that they had hoped for.

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Supreme Court To Rule On Health Care And Free Speech

The U.S. Supreme Court
I am currently scheduled to discuss the Supreme Court cases starting with MSNBC and then NPR’s Here and Now followed by Fox (Special Report) and CNN. I have been encouraging people to keep in mind that we are not just waiting for the Health Care ruling but the Stolen Valor case, the latter being a case with sweeping potential for free speech in the country.

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Goin’ Hagwalah: Saudi Man Sentenced To Death By Beheading For Car “Drifting”

Saudi police have been dealing with a bizarre form of reckless driving called “Hagawalah” where men (women still are prohibited from driving in the Kingdom) skid their cars at high speeds as crowds cheer. Drifters often skid into opposing traffic or into awaiting crowds. One man identified only as “Mutannish” (or “he who ignores”) has been sentenced to be beheaded for killing two people while drifting.

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Tampa Rape Victim Sues After Jailer Refused Emergency Contraception Pill Due To Religious Beliefs

A federal judge has ruled that a Tampa rape victim known as R.W. can sue the Hillsborough County Sheriff after a jail guard refused to give her an emergency contraception pill because it was against her religious beliefs. Jail employee Michele Spinelli explained to R.W. that she would not give her the pill approved by a doctor because she viewed them to be a sin.

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Report: Zimmerman Passed Lie Detector Test After Martin Killing

A new report shows that the day after killing Trayvon Martin, George Zimmerman passed a police lie detector test. He registered truthful in stating that he was afraid for his life before shooting the teen. The report does not materially affect the trial since such tests are not admissible but may explain the the resistance of local officials to bring the case. It also further supports the view, again, that Angela Corey overcharged the case. She was no doubt aware of the test which, while not admissible as evidence because their reliability is questioned, can be considered by the prosecutors in determining the appropriate charge. UPDATE: A police report shows a critical view of Zimmerman’s account and says that he missed two opportunities to defuse the situation.

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Step Away From The French Fries: Massachusetts Man Charged With Assault With A Dangerous Weapon After Throwing French Fries At Step Daughter

James Hackett, 26, is accused of assault with a dangerous weapon in Lowell, Massachusetts. The weapon: french fries. Hackett was arguing with this wife when his stepdaughter stepped in. Hackett responded by throwing french fries in her face. We have seem assault with everything from flatulence to a hug to a pillow attack to bubble, but not a french fry.

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Burn Baby Burn: School Children Denied Sunscreen Without Parental Consent While School Officials Oppose Parental Notice Of Police Interrogations Of Children

We have followed ludicrous examples of the bureaucratic rules in schools with regard to the denial of aspirin or inhalers to students. Now it appears that school officials across the country are allowing students to develop serious sun burns because they consider sun block to be a drug requiring parental permission. It sounds like something straight out of The Onion but it is true. In the meantime, school officials in the Washington area have successfully blocked a measure to require parental notification of police interrogations of their children, even in cases of serious alleged misconduct.

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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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