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Editorials
This ain’t Norman Rockwell anymore….

Remember those Norman Rockwell paintings of Americana? To me, it seemed they were created to relieve the worry and stress of your (often) complex life. I am not sure anyone can even relate to that art anymore considering our technological advancements in the last 100 years. But I digress, because I am actually referring to how the media, and especially social media, has affected our lives.

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Kindergarten Girl Charged With Making a ”Terroristic Threat” — With a Hello Kitty Bubble Gun

Clarification and update: At the time the girl made the comment about shooting herself with the Hello Kitty bubble gun, she didn’t have the gun with her.


She was reportedly back in school as of January 22, 2013:
 

The title pretty much tells the story: five-year-old Pennsylvania girl says she’s going to shoot her friends and herself with a bubble gun....

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Montel and Me

Two years ago, with an article due that afternoon and no clue what I was going to write about, I was sitting on a bench outside of my son’s principal’s office when an 8-year-old boy named Charles, also waiting to see Mrs. D, sat down beside me. We chatted for …

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A Preponderance of Implication

Crowded around Scott Peterson, as he was being led into Stanislaus County Jail on April 18, were about 200 people, come to see the man who murdered his pregnant wife. One of them reportedly held up a young baby, to show Peterson what he’d given up. Almost every man and …

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Publishers Letter – Honoring Fallen Heroes of the Los Angeles Sheriff’s Department

Last month, I wrote about a heartwarming experience regarding our nation’s changing attitudes of who is, and who isn’t a true hero.  The risks and perils that we face as a nation in one of our most trying times in history, and the difficult evolution of our own judicial system …

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Articles
“Suppression of Evidence”

by Kirk Tarman, Criminal Defense Attorney, San Bernardino County CA

This article is designed to give a layperson a superficial understanding of a motion to suppress.
 
Basically when an attorney says that he is going to attempt to suppress evidence in a criminal case, he is stating that he wants to keep some of the evidence from being used against the defendant.
 
The statutory basis for suppressing evidence in California is Penal Code §1538.5 which states in part:
 
(a)(1) A defendant may move for....

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The Felony Process in Illinois

by David J. Shestokas, Attorney at Law

Since 1994 when I became an Assistant State’s Attorney for Cook County, I have been involved with persons charged by the State with violating the law. The system is at once complex and simple. It is complex when it is only looked at in bits and pieces. It is simple when there is an overview that provides how each part of the process works with the other. This article is intended as an overview, so that an individual charged with a crime.....

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Montel and Me

Two years ago, with an article due that afternoon and no clue what I was going to write about, I was sitting on a bench outside of my son’s principal’s office when an 8-year-old boy named Charles, also waiting to see Mrs. D, sat down beside me. We chatted for …

Continue reading →
A Preponderance of Implication

Crowded around Scott Peterson, as he was being led into Stanislaus County Jail on April 18, were about 200 people, come to see the man who murdered his pregnant wife. One of them reportedly held up a young baby, to show Peterson what he’d given up. Almost every man and …

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“Arrested – DUI Penalties” by Steve Citti, Criminal Defense Attorney, Alameda County CA

DUI cases differ from most criminal cases because they are one of the few misdemeanors for which California law requires a certain mandatory minimum sentence.  Almost all other misdemeanors convictions, even much more serious ones, carry no mandatory minimum sentence: Your attorney is free to negotiate the best sentence possible …

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News
Jurors hear graphic accounts of Boston Marathon bombing

It this courtroom sketch, U.S. Attorney William Weinreb, left, is depicted delivering opening statements in front of U.S. District Judge George O'Toole Jr., right rear, on the first day of the federal death penalty trial of Boston Marathon bombing suspect Dzhokhar Tsarnaev, Wednesday, March 4, 2015, in Boston. Tsarnaev, depicted seated second from right between defense attorneys Judy Clarke, third from right, and Miriam Conrad, right, is charged with conspiring with his brother to place two bombs near the marathon finish line in April 2013, killing three and injuring 260 people. (AP Photo/Jane Flavell Collins)BOSTON (AP) — It didn't take long for prosecutors in the Boston Marathon bombing trial to convey the sense of fear, pain and grief caused by the 2013 attack. They let victims do it for them.


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At least two protesters arrested in Ferguson hours after U.S. report
(Reuters) - At least two protesters were arrested outside police headquarters in Ferguson, Missouri on Wednesday, according to police and online video, just hours after the release of a U.S. probe that found racial bias in the department. The footage, shared by protesters, a local lawmaker and reporters on Twitter late on Wednesday, showed police take into custody at least two of the few dozen demonstrators. When contacted, Ferguson police were not able to provide exact arrest totals or specify the charges, but a dispatcher said protesters had been asked to move out of the street "many, many times." The arrests come just hours after U.S. Attorney General Eric Holder unveiled a report that found systemic racial bias created a "toxic environment" in the St. Louis suburb, but cleared white officer Darren Wilson in the fatal shooting of unarmed black 18-year-old Michael Brown there last August. Brown's killing touched off a national debate on race, led to months of street protests and amplified long-standing complaints in Ferguson and across the country of police harassment and mistreatment of minorities.
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TV crew confronted on LA's Skid Row; 1 arrested
LOS ANGELES (AP) — Three Los Angeles police officers suffered minor injuries as they arrested a homeless man on Skid Row who confronted a TV news crew.
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Couple plead not guilty to locking up kids 22 hours a day

The house where a husband and wife lived with their four adopted children is shown, Wednesday, March 4, 2015, in Ashtabula, Ohio. The husband and wife pleaded not guilty to charges alleging they kept three adopted children locked in bedrooms most of the time and gave them little to eat. Prosecutors in Ashtabula County say the pair beat their two girls and their mentally challenged adult son. They were indicted last week on other charges. Prosecutors say the abuse occurred between September 2011 and September 2013. (AP Photo/Mark Gillispie)JEFFERSON, Ohio (AP) — A husband and wife accused of making three of their adopted children virtual prisoners inside their home pleaded not guilty Wednesday in a case that began after prosecutors say two girls crashed the family van while trying to make their escape.


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Two California teachers plead not guilty in sex with student case
By Alex Dobuzinskis LOS ANGELES (Reuters) - Two Los Angeles-area teachers pleaded not guilty on Wednesday to charges they provided cocaine and alcohol to underage students on a beach camping trip where one of the instructors had sex with a 17-year-old boy, prosecutors said. Melody Suzanne Lippert, 38, and Michelle Louise Ghirelli, 30, joined about five students on camping trips at San Clemente Beach in Orange County during Thanksgiving and winter breaks last year, said Orange County Deputy District Attorney Kristin Bracic. Prosecutors say the two teachers provided the teens with alcohol, cocaine and marijuana, and that Ghirelli had sex with the 17-year-old boy. The two teachers, who are free on bail, were arrested in January in a case that gained prominence after one of their colleagues, a teacher at South Hills High School in suburban West Covina, came to their defense on social media and was suspended by his school district for appearing to blame the students involved.
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About Crime, Justice & America
Mission Statement

Crime, Justice & America will inform, explain, entertain, interpret, uncover, and question the relevant issues in the criminal justice system: local, regional, and nationwide. Specialized sections will reach all people involved in the criminal justice system: new arrestees, attorneys, law enforcement, judiciary, court personnel, sentenced prisoners, survivors and victims, friends and family on both sides of the law. Crime, Justice & America will cover it all....

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CJA Today

In 2011, the U.S. Bureau of Justice estimated 12,410,323 arrests occurred nationwide. At the end of 2012, there were 2,228,438 people incarcerated in Federal, State, private, and local jail facilities. Of that number, 744,524 inmates were being held in local jail facilities, of which an estimated 60% were awaiting court action on their pending charges. When you include people on parole and probation, about 6.94 million people were supervised by the U.S. adult correctional systems, which was the equivalent to about 1 in 35 U.S. adults. The numbers are truly staggering....

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Listen To The Experts
The California Death Penalty From the Defense Viewpoint
Posted on May 11th, 2014 by Ray Hrdlicka

Wally Farrell, Criminal Defense Attorney in San Bernardino and Riverside County CA, now deceased, was interviewed by Crime, Justice & America about his viewpoint as a Criminal Defense Attorney and the California Death Penalty. How does an attorney deal with those issues? Ethically and morally, how did he do his …

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Suppression, Dismissal, and Discovery Motions
Posted on May 11th, 2014 by Ray Hrdlicka

Motions are one of the most important aspects of a criminal case before getting to trial. Kirk Tarman, criminal defense attorney in San Bernardino County CA, discusses suppression motions based upon the 4th Amendment, dismissal motions, discovery motions, and more… for a glimpse into the preparation of a criminal case. …

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Can You Get Arrested When Protecting Yourself?
Posted on May 11th, 2014 by Ray Hrdlicka

Spencer Freeman, a criminal defense attorney in Tacoma and Seattle Washington, discusses a recent case with Crime, Justice & America where the defendant was charged with brandishing a weapon, obstruction of justice, and more while ostensibly protecting himself on his front porch. A potential important 2nd Amendment case that could …

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Polls
Teacher Fired For Calling Her Students ”Future Criminals” on Facebook
Posted on February 8th, 2013 by Bill Bickel

Jennifer O’Brien, a New Jersey first grade teacher, has been fired for writing on her Facebook page “I’m not a teacher — I’m a warden for future criminals,” and that her students should take part in a “scared straight” program. She’d intended the posts to be read only by her Facebook “friends” of course, but.....

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How Many Gun-Related Deaths Has the United States Seen in the Eight Weeks Following the Newtown, Connecticut Shootings?
Posted on February 13th, 2013 by Bill Bickel
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You Be the Judge: The Case of the Glass Eye
Posted on February 14th, 2013 by Bill Bickel

A man is on trial for puncturing another man’s eye with a key during a fight outside a Philadelphia bar. The victim is on the stand, testifying, when his prosthetic eye suddenly pops out and falls into his hand.....

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