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November 16, 2011

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Although ‘all men are created equal,’ some are more equal than others

Although ‘all men are created equal,’ some are more equal than others

I’ll always remember two cases that came up within several days of each other.  It was winter.  One was with a guy I knew my entire life.  His driver’s license was suspended.  Lived in a trailer.  Ran out of oil.  He drove about three miles into town to get five gallons of kerosene.  The option […]

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November 15, 2011

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Violate TOS? That’s a jail sentence

Violate TOS?  That’s a jail sentence

This is not a political blog.  We discuss criminal law, but sometimes it’s a thin line between the two.  Check this out.  Nothing short of asinine.  The US DOJ is cloaking its politics.  It claims that the issue is Identity Theft.  It is to laugh. Assume that you sign up for Match dot com.  The site […]

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November 14, 2011

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Terry Stops

Terry Stops

Lots of issues in the law are referred to by the case within which the rule was formed.  What we know as our Miranda rights actually came from a consolidated opinion on four cases: Miranda v. Arizona, Westover v. United States, Vignera v. New York, and California v. Stewart.  They could just as readily been called […]

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November 14, 2011

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Homicide: Bullets, Beers, & Butane

Homicide:  Bullets, Beers, & Butane

Doesn’t matter how you kill someone – shoot him in the head, get drunk and run him over, or burn down his house – it’s all homicide.  The difference is going to be between Murder and Manslaughter, and the degrees within each.  The difference is also going to be from maybe two years in prison […]

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November 12, 2011

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Incarcerating the non-violents. Time to stop?

Incarcerating the non-violents.  Time to stop?

It’s a drumbeat echoed throughout academia.  The argument is that non-violent offenders pose no risk to society, and that we’re using precious resources incarcerating them that could be better used elsewhere.  If the premise were true – that no risk is posed to society – then it would be an easy argument to support. The […]

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November 11, 2011

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Why do we put people to death?

Why do we put people to death?

For the same reason we neuter cats.  Next. Look at the Constitution’s Due Process and Cruel and Unusual Clauses. 5th – nor be deprived of life, liberty, or property, without due process of law 8th – nor cruel and unusual punishments inflicted We want two things – a sentence that meets the crime, and a procedure of […]

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November 11, 2011

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What’s a Preliminary Hearing all about?

What’s a Preliminary Hearing all about?

Let’s start with the first section of the 5th Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury The flow from investigation to arrest begins with the cops and then includes the DA – and therein lies the problem. […]

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November 10, 2011

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Conspiracy: The stumbled-into crime

Conspiracy:  The stumbled-into crime

So you talked to some guy.  He asked and you replied, “IF I was going to boost a car, the first things I would make sure of is …”  And you followed it up with, “and that’s a big if – because I ain’t boosting no car.”  A couple of days later, the guy drives […]

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November 9, 2011

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I want a Mock Jury. Why ain’t you doing that?

I want a Mock Jury.  Why ain’t you doing that?

I’ll do anything.  Love mock juries.  Gonna cost you about $5,000 for an online jury and up to $50,000 for a live one.  I’d much prefer a live one, but will go with online if that’s all you can afford.  Whip that checkbook out!  Let’s get this puppy cranking! Oh.  I didn’t realize you were […]

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November 8, 2011

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I lost my criminal case and want to appeal. Now what?

I lost my criminal case and want to appeal.  Now what?

Remember all those times your attorney said, “Objection, relevancy” or “Objection” something else?  She was preserving the issues for appeal.  When an objection is made during the trial, it is most often to testimony.  The arguments over admitting physical evidence or certain testimony (like admissions) happened before trial.  The judge ruled then what evidence could […]

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