Court finds police deception, misinformation OK in interrogation

  • Posted by Marcia Shein
  • On January 29, 2013
  • 0 Comments
A Wisconsin man lost his criminal appeal all the way through that state’s Supreme Court recently, with the court holding that a person’s self-incriminating statements are not unlawfully coerced by police “if the pressures exerted … do not exceed the defendant’s ability to resist.” The court ruled that the defendant was “not particularly vulnerable” and […]
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Mother’s jailing receives wide publicity: Was it really necessary?

  • Posted by Marcia Shein
  • On January 24, 2013
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A recent news article about a criminal charge, namely shoplifting, likely has readers evidencing mixed reactions. In a nutshell, a Connecticut woman who was arrested and charged with theft of a pack of cigarettes back in 1991, when she was 18, spent several days recently in a Florida jail on an arrest warrant because she […]
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Gwinnett County man says cops harassed him looking for homegrown pot

  • Posted by Marcia Shein
  • On January 21, 2013
  • 0 Comments
A clear case of marijuana possession with intent to distribute following cultivation in a grow house? According to police, yes. According to a Gwinnett County homeowner, no, and not even a close call. In fact, said Lawrenceville resident Scott Smithwick in a conversation with an Atlanta television reporter, the paraphernalia he keeps in his basement […]
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Case spotlight: Punishment and sentencing mitigation

  • Posted by Marcia Shein
  • On January 17, 2013
  • 0 Comments
One of the stated rationales that is often attached to criminal sentencing is punishing a defendant with a harsh sentence simply for the sake of punishment. That justification is often alluded to and sometimes even pointed out by judges. One federal judge in New York, for example, recently told a defendant that the sentence imposed […]
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Judge approves pepper-spray settlement between UC-Davis, protestors

  • Posted by Marcia Shein
  • On January 14, 2013
  • 0 Comments
Americans’ constitutional right to exercise free speech and to debate controversial policies and decisions is most narrowly circumscribed, and a university is experiencing first-hand and at a very personal level the repercussions that can come from overt and excessive police attempts to stifle that right. As noted in a recent media account, a stand-off situation […]
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State trooper’s egregious conduct in fake arrests brought to light

  • Posted by Marcia Shein
  • On January 11, 2013
  • 0 Comments
Given that experienced criminal defense attorneys are daily immersed in the criminal justice system, they are amply familiar with everything about it, from what is right and works to what is wrong and should never be condoned. An example of the latter is police and prosecutorial abuse, with a sterling example of the former being […]
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Federal judge: "Mandatory sentences breed injustice"

  • Posted by Marcia Shein
  • On January 8, 2013
  • 0 Comments
The New York Times recently featured an article aptly entitled “Right on Crime,” a piece that chronicled the efforts of some political conservatives who advocate a shifting away from current harsh drug laws and sentencing in favor of what they deem to be a more humane and logical criminal justice system. A federal judge and […]
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Trending: Is sentencing reform picking up steam among the states?

  • Posted by Marcia Shein
  • On January 4, 2013
  • 0 Comments
California’s singular demographics across a wide spectrum of matters make it an interesting focal point of many discussions. The state has the largest population by far of any state in the country, with more than 38 million residents. Its gross state product — again, the largest of any state by a significant margin — equates […]
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Non-violent drug crime gets first-time offender life sentence

  • Posted by Marcia Shein
  • On January 2, 2013
  • 0 Comments
Our immediately preceding blog post set forth some of the criticisms centrally relevant in what the ACLU refers to as the “absurd tragedy” inherent in many federal sentencing outcomes for low-level drug offenders following their convictions. As is argued by that organization, the need for sentencing reform is great. Indeed, and based upon many draconian […]
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