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Jails and prisons are treated as mental health facilities

When individuals are arrested and convicted of criminal wrongdoing, they are often sent to jail or prison. We have previously written about the fact that numerous studies confirm that lengthy imprisonment terms are far less likely to do taxpayers and individuals convicted of low-level, non-violent crimes as much good as alternatives are. For example, individuals convicted of low-level and...

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Schools rethink zero tolerance policies for juvenile offenses

Over the past several years, many schools and school districts have developed so-called zero tolerance policies for a variety of offenses that kids and teens may commit. Some zero tolerance policies are understandable and arguably justified. For example, we live in an era in which children do not necessarily have good reason to feel safe at school. So, a...

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| Read Time: < 1 minute | Criminal Defense

Rate of arrest among young men in the U.S. is astonishing

A study on the rates of arrest among young, American males was recently published in the journal Crime & Delinquency. Though our readers may find the results of the study to be truly shocking, a criminology professor at the University of South Carolina and one of the study’s co-authors recently explained to USA Today that, “Among criminologists, I don’t...

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Please avoid saying these things to a criminal judge

A courtroom is one of those unique places where the customs of the outside world do not always apply. In a courtroom, electronic devices should not be consulted except in cases of emergency and a proper dress code is strongly implied. In addition, you also must only speak when spoken to by a judge, bailiff or other administrative professional,...

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Harsh sentences plague integrity of the criminal justice system

Imagine that you have prior drug convictions but have led a law-abiding life since that time. Then, either because you were wrongfully accused or because you did slip up again, prosecutors come down on your latest alleged infraction harshly. They offer you an incarceration term of 10 years if you plead guilty. If you choose to go to trial,...

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Your cellphone and law enforcement efforts: Part II

Earlier this week, we began a discussion about the ways in which law enforcement agencies are engaging in large-scale cellphone data captures of individuals who may or may not be involved in criminal investigations. It is almost impossible to fathom that this conduct is in any way condoned by existing criminal law statutes. According to USA Today and Gannett,...

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Forms of mortgage fraud evolve with economy

Among clichés about the crime of fraud, the one about selling swamp land in Florida is one of the most enduring examples. It refers, on its face, to a type of real-estate scam in which someone is offered a supposedly can’t-miss investment opportunity. Real-life mortgage fraud is often quite different than this caricatured scenario would suggest. As we discussed...

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Your cellphone and law enforcement efforts: Part I

Over the past several months, a great deal of public outrage has been voiced over the fact that the federal government regularly spies on the electronic communications of both Americans and foreign citizens. The privacy implications of this story are so vast that they can be difficult to fully contemplate. They are so widespread as to appear almost abstract....

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Florida lawmakers work to reform juvenile sentencing laws

The high-profile national advocacy organization Campaign for Youth Justice has singled out Florida’s criminal justice system as choosing to adjudicate more cases involving teen defendants in adult criminal courts than any other state’s justice system. It has deemed Florida’s aggressive approach to be a “clear outlier” among states who charge youths as adults for a variety ofjuvenile offenses. Florida...

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Fines, Fines, Fines, Can I Pay These Criminal Fines

Increasingly as cities feel the economic crunch of the current financial crisis, they begin turning to raising permits, taxes, and  fines. Criminal fines have also risen. When someone is accused of a crime and pleads guilty or no contest or even convicted, they may be assessed criminal fines or have to pay restitution to the alleged victim. These fines...

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