Criminal Defense News of the Week
by: Sduclos • November 20, 2012 • no comments
Lying to Feds Not Just for Illinois Governors: 1001 Casts a Wide Net Charges for lying are not new, but it's also a matter of scope: when, why, and how is 1001 being abused to expand federal jurisdiction and force pleas? The Wall Street Journal's recent article reports on two such cases: (1) a scientist 'lying' about interfering with whales, and (2) a farmer, 'lying' about an irrigation valve to a state official.
Criminalizing Hatred? Tyler Clementi & Trayvon Martin Hate crime statutes have been growing in number over the last 40 years. The theory is that these crimes should be punished more severely because (1) bias crimes terrorize more than the individual victim, (2) it gives added protection to vulnerable groups, and (3) racism and prejudice are especially offensive motives. Hate crimes are also heavy-hitting media stories that often carry the weight of racial tensions across the United States. But does it make sense to criminalize motivations? For a compelling analysis in light of Tyler Clementi and Trayvon Martin, read Bill Keller's OpEd in the NYT.
Washington Initiative 502: Opponents to Legalized Marijuana Make Strange Bedfellows Many opponents view medical marijuana as a slippery slope to full legalization. But in Washington, the opposite is true: an initiative to full legalization, on the ballot this fall, is opposed by the medical marijuana industry itself. Some civil liberties groups (afraid of registration) and some attorneys (afraid of impact on DUII laws) oppose the measure as well. For more on Washington's Initiative 502, read Dominic Holden's OpEd in the NYT.
Spokane Police Chief Admits to "Mistakes" in Death of Otto Zehm Zehm, a 36-year-old mentally-ill janitor, died two days after his arrest of March 18, 2006, where he was mistakenly suspected of having stolen money from an ATM. Zehm was beaten, shocked with a Taser and hog-tied by police. Spokane Police were allowed to consult with attorney and work as a group to write up their reports. Six years later, Spokane Police Chief admits there may have been some "mistakes." Read the AP article on Oregon Live.
