Our system of justice is designed to be impartial and fair. But judges and juries are not robots. In any criminal case, the judge and jury will not only view the evidence with neutral eyes and ears but will also rely on “soft” skills such as intuition and biases.…
Articles Posted in Criminal
What California Criminal Convictions Can Result In Deportation
DEPORTABLE CRIMES With immigration a big topic in the news, many are confused about who exactly can be deported from the United States. It goes without saying that someone who is in the US without going through the proper channels, i.e., no visa allowing entry (undocumented), can be deported in…
Prop 47 and California’s Realignment for Non-Violent Offenders
CRIME RATES REMAIN STABLE THROUGH CALIFORNIA’S POLICY REFORM ERA In 2011 the Public Safety Realignment Bill became law in California. This legislation was designed to stem the “revolving door” of non-violent criminals in the state prisons. Realignment, as it is commonly called, was in response to the severe overcrowding in…
APPELLATE COURT SAYS LAW PROHIBITING GRAND JURIES IN OFFICER-INVOLVED LETHAL FORCE CASES IS UNCONSTITUTIONAL
Police use-of-force has been big news in this country for several years now. A large segment of the public believes that the police have used fatal force without just cause. They cite many high-profile cases: Michael Brown, Eric Garner, Freddie Gray, and so on. These police killings have triggered…
CRIMES AGAINST DISABLED PERSONS IN CALIFORNIA
You probably heard about the four Chicago youths who kidnapped a mentally disabled 18-year-old male, tied him up, assaulted, tortured him, and taunted him with profanities against white people and Donald Trump. Perhaps you saw the video. The assailants actually live-streamed this 30-minute ordeal over Facebook; the video is revolting.…
ARE CRIMINALS BORN AND THEN MADE?
Researchers have discovered a there is a genetic link between personality and mental illness. As one of the researchers explained: “Mental illnesses can be viewed as maladaptive or extreme variants of personality traits.” The researchers studied the genetic profiles of 260,000 people focusing on the five long-established personality traits…
PROPOSITION 57 GIVES EARLY PAROLE TO CERTAIN NON-VIOLENT OFFENDERS
On November 8, 2016, California voters passed Proposition 57, The Public Safety and Rehabilitation Act of 201, by an overwhelming majority of 64%. This proposition contained two key provisions: 1) It makes certain non-violent felons eligible for immediate parole and 2) It requires a court hearing before a juvenile…
California Law Enforcement Investigation
The Brave New World of Law Enforcement Investigation The digital age has changed everything in the world around us and law Enforcement is no exception. Back in the old days, police investigation procedures were limited to talking with potential witnesses, taking lots of photographs, lifting fingerprints, forensic analysis of blood,…
New California Law On Law Enforcement Seizing Property
NEW CALIFORNIA LAW PULLS IN THE REINS ON LAW ENFORCEMENT’S SEIZING OF PROPERTY You have probably heard of civil asset forfeiture but did you know that under this procedure law enforcement can confiscate property—be it money, a house, a vehicle, or any other asset—without any due process to the owner…
NEW CALIFORNIA LAW PROSECUTES THE PROSECUTOR WHO TAMPERS OR WITHHOLDS EVIDENCE
In 2015, Orange County Superior Court Judge Thomas Goethals removed the Orange County District Attorney’s Office from the trial of Scott Dekraai, who was accused and since convicted of the worst mass murder in Orange County. Judge Goethals booted the District Attorney’s Office from the case after an investigation…