Some states apparently insist that even if your criminal conviction is overturned on appeal and the charges against you are dismissed, the state should still keep any fines you’ve paid unless and until you can prove that you were actually innocent of the crime you were charged with in the first place. In other words, they actually have a presumption of guilt that you have to overcome before the state will return the fines you … Read more
May 16, 2017
Now That We’ve Taken Your Money, Prove Why We Shouldn’t Keep It; Or, The Advantages of a Presumption of Guilt
Feb 7, 2017
An adjunct professor at Georgetown Law who also worked in the Office of Professional Responsibility for the Internal Revenue Service was recently charged with selling large quantities of methamphetamines.
If one is considering a similar career path, better to work for Pfizer where the governmental red tape is significantly lessened.
Charges are not … Read more
Jan 24, 2017
In a recent amusing post Adam MacLeod tells the story of his encounter with the burgeoning photo radar system in his local court which caused him “to go over the top”.
After winning his trial he still had to fight to get back the money the court had made him pay in order to get his trial. As Orin Kerr points out here, many of his more pretentious constitutional arguments are not legally sound, … Read more
Jan 23, 2017
Although our schools do not equip us to distinguish between the almost 1500 different bugs, lizards, birds, rodents, fish, etc. that the government labels “endangered”, it is now being argued that to take or kill even one of these creatures should be criminal regardless of how innocent or inadvertent the act. Even an endangered splat on your car’s windshield might render you a criminal and send you to jail.
Jan 10, 2017
Most of us wouldn’t think that hang gliders require the same regulation through rules and laws as airplanes and helicopters. Most of us probably wouldn’t think that wheelchairs, even if motorized, should logically be governed by the plethora of traffic laws and rules applied to cars, buses and trucks driving down our streets and highways. After all, a wheelchair enables someone who can’t walk to achieve a personal mobility equivalent to walking. A wheelchair does … Read more
Dec 21, 2016
In a recent case the 7th Circuit Court of Appeals held that a wife who had apparently discovered her husband’s infidelity by intercepting his emails to and from various women could be liable for violating the federal Wiretapping and Electronic Surveillance Act. 18 U.S.C. §2520. In his concurring opinion, Judge Richard Posner questioned whether the law should protect the husband’s privacy interest in concealing his infidelities from his wife.
As Judge Posner wrote: “I … Read more
Nov 29, 2016
In Minnesota, a sheriff’s deputy convicted of driving while intoxicated for the second time was just reinstated to his job after his second conviction for DUI and fourth alcohol related conviction. Even though he must blow into a breathalyzer before starting his car to drive to and from work, once on the job he drives without any restriction whatsoever. Of course, a … Read more
Nov 28, 2016
If you are a possible suspect in a criminal investigation, you may be contacted by the police. They may request an interview and there several different techniques they might use to persuade you to speak with them. Don’t do it. See below for more details.
They may tell you that they just want “your side of the story” so that they can “put the case to bed”. They might make it sound like … Read more
Nov 22, 2016
President-Elect Donald Trump has selected Senator Jeff Sessions (R-Ala.) as his new Attorney General. As Attorney General, Stevens will primarily be tasked with deciding, of all the many, many federal crimes that are committed, which ones the government will actually try to prosecute.
Drug crimes? Immigration offenses? Firearms offenses? White collar crime? State violations of federal marijuana law?
It will be interesting to see what he does.
Oct 31, 2016
Parents have no reason to worry about how safe the Halloween candy their kids bring home will be. As Lenore Skenazy points out, a recent survey of November newspapers from 1958 to date by Joel Best, a sociology professor at the University of Delaware, produced only two instances where a child was injured from eating poisoned Halloween candy: one child died from candy his dad had poisoned which led to the father’s execution, the second … Read more