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Criminal Defense News of the Week

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This wikilog article is a draft, it was not published yet.

by: Sduclos • November 20, 2012 • no comments

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==='''Portland Police Shoot 17-Year Old'''===
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==='''Tracking Sexual Offenders?'''===
  
Portland Police Officer Greg Moore shot the 17-year-old after he got out of his car, with his hands up, and ran. The officers had been conducting surveillance on an apartment in connection with witness intimidation when they saw the youth leave the building, openly carrying a gun. A second officer shot the young man with a beanbag gun, and a police dog bit the teen's wrist. The judicial referee ordered that the young man remain in custody. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/bullet_from_new_portland_polic.html Oregonian].
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The Oregonian reviewed Oregon's approach to people convicted of sexual offenses. [http://www.oregonlive.com/portland/index.ssf/2012/07/predicting_a_predators_next_mo.html#incart_hbx The article ]does a good job laying out some of the approaches that other states have taken and comparing them to current practice in Oregon. The article also discusses some of the things that researchers say contribute to recidivism - lack of social support structure, job or relationship loss, and homelessness. A pilot project in Canada, which turned away from GPS and polygraphs but daily contact from trained volunteers, treatment and some supervision, reduced recidivism by 70 percent.
  
==='''John Brennan - Acquitted of Indecent Exposure'''===
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==='''Recklessness vs. Negligence: Judge Walker Finds Young Men Who Left Dog Tied to Car Not Guilty '''===
  
Brennan shed his clothes April 17 at the Portland Airport, during a TSA security scan. He was charged with violating a city indecent exposure ordinance. Brennan testified at his trial that he undressed because he felt fed up with invasive TSA procedures. Judge Rees acquitted Brennan on the basis of free speech. Congrats to attorney Michael Rose. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/portlands_airport_stripper_joh.html Oregonian].
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Multnomah County Judge Kenneth Walker said it was a close case but that he had reasonable doubt that the two young men charged with leaving their pit bull tied to their jeep and driving across a parking lot were "reckless." One of the men jumped out of the moving jeep to rescue the animal when they realized their mistake. The pit bull has fully recovered. Read the [http://www.oregonlive.com/gresham/index.ssf/2012/07/judge_acquits_men_of_animal_ab.html#incart_hbx <u>Oregonian report.</u>]
  
==='''Is Insanity Defense a Constitutional Right?'''===
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==='''Skype Makes Eavesdropping Easier'''===
  
A new petition for cert before the US Supreme Court argues that Idaho and other states' refusal to recognize insanity as a defense violate defendants' rights to due process. Mr. Delling pleaded guilty in Idaho to second-degree murder, and he was sentenced to life imprisonment although the trial judge found that Delling did not have the "ability to appreciate the wrongfulness of his conduct." 52 Criminal Law and Mental Health Law Professors filed an Amicus in support, available [http://www.scribd.com/doc/100426635/Insanity-Defense <u>here</u>]. The [http://www.washingtonpost.com/politics/supreme-court-is-asked-to-find-that-insanity-defense-is-a-constitutional-right/2012/07/22/gJQAKNbr2W_story_1.html Washington Post] article gives some helpful background on the case and general state of the insanity defense cross-country.
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Skype had a reputation for making communication easy across borders, instantaneously, and with encryption software that made the instant chats relatively protected. However, authorities had been complaining that these features also made it more difficult for police to conduct wiretaps. In response, Microsoft has engineered make it much easier: giving authorities access to addresses and credit card numbers of users, among other changes. Read the [http://www.washingtonpost.com/business/economy/skype-makes-chats-and-user-data-more-available-to-police/2012/07/25/gJQAobI39W_story.html?Post+generic=%3Ftid%3Dsm_twitter_washingtonpost%20 WashPo article].
 
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{{wl-publish: 2012-07-30 10:55:11 -0700 | sduclos }}
==='''Washington Supreme Court Orders Limit on Public Defender Case Loads'''===
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The order requires public defenders to certify that they meet certain standards, including qualifications of the attorney and caseload limits. The standards limit caseloads to 400 misdemeanors or 150 felonies or 250 juvenile cases per year. To respond to the order, cities and counties will either need to divert some nonviolent cases or hire more attorneys. Read more in the [http://seattletimes.nwsource.com/html/opinion/2018718887_guest19boruchowitz.html Seattle Times].
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{{wl-publish: 2012-07-23 09:57:12 -0700 | sduclos }}
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Revision as of 17:31, December 21, 2012

Tracking Sexual Offenders?

The Oregonian reviewed Oregon's approach to people convicted of sexual offenses. The article does a good job laying out some of the approaches that other states have taken and comparing them to current practice in Oregon. The article also discusses some of the things that researchers say contribute to recidivism - lack of social support structure, job or relationship loss, and homelessness. A pilot project in Canada, which turned away from GPS and polygraphs but daily contact from trained volunteers, treatment and some supervision, reduced recidivism by 70 percent.

Recklessness vs. Negligence: Judge Walker Finds Young Men Who Left Dog Tied to Car Not Guilty

Multnomah County Judge Kenneth Walker said it was a close case but that he had reasonable doubt that the two young men charged with leaving their pit bull tied to their jeep and driving across a parking lot were "reckless." One of the men jumped out of the moving jeep to rescue the animal when they realized their mistake. The pit bull has fully recovered. Read the Oregonian report.

Skype Makes Eavesdropping Easier

Skype had a reputation for making communication easy across borders, instantaneously, and with encryption software that made the instant chats relatively protected. However, authorities had been complaining that these features also made it more difficult for police to conduct wiretaps. In response, Microsoft has engineered make it much easier: giving authorities access to addresses and credit card numbers of users, among other changes. Read the WashPo article.