How Pointing a Laser Pointer Can Lead to Serious Prison Time
How Pointing a Laser Pointer Can Lead to Serious Prison Time
Laser pointers are useful tools for professors in the classroom and fun for people to play with outdoors. We may think of them as harmless in everyday life, but if they are used irresponsibly, they have the potential to cause serious damage. In a recent federal court case, a California man was sentenced to 14 years in prison for pointing a laser pointer at a police helicopter.1 In 2012, Sergio…
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California Prisoners Released, Changing Meaning of “Life Without Parole”
Over the past three years, California's prison system has seen major changes. Since taking office as governor of California in 2011, Jerry Brown has been responsible for 82 percent of parole board decisions. The result has been dramatic for prisoners facing life without parole. Governor Brown has worked with the courts to address the issue of prison overcrowding. To manage the prison population, his office has looked at the strict…
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Ninth Circuit Rules Probation Conditions Can Be Modified After Release (U.S. v. Bainbridge)
When a defendant is convicted and ordered to serve a period of probation, the court, not a government agency, sets conditions of probation. This is true whether the accused is prosecuted in a state or federal court. Only parolees have their conditions of release administratively set by the Department of Corrections. Generally, court-ordered probation conditions must reasonably relate to the crime for which the defendant is convicted and are not…
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Is Using Your Phone’s GPS While Driving Illegal?
Using your cell phone in any way while driving in California has been illegal since 2011. California Vehicle Code Section 23123 states that all drivers using a handheld wireless telephone while operating a motor vehicle can be punished by fines of $20, which increases to $50 with each subsequent violation. In addition, California state penalty assessments and various fees and surcharges are applied, resulting in a $165 fine for a…
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Should Defendants Be Forced to Wear a Stun Belt During Trial?
On a violent night in June 1996, suspected drug dealer Robert Cleveland and his wife Monique were brutally shot at their home in Riverside County. Monique died immediately from gunshot wounds to her face. Cleveland survived and was able to identify his alleged attacker.1 Cleveland identified Jonathan Keith Jackson as the gunman and said the man entered their home looking for drugs. When Cleveland told Jackson that there were no…
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Why You Should Never Charge People An Entry Fee To Your Party
In a recent California Supreme Court case (case number S189577), a court found that a person selling alcohol to a minor that leads to the injury or death of another can be found liable for the injury or death. The decision stems from a wrongful death case where the defendant, Jessica Manosa, held a party at her parents' home without their knowledge. Manosa, who was underage at the time of…
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10 Things to Expect if You are Accused of Violating Your Probation (Penal Code Section 1203.3)
If you have been granted probation, it means the judge determined you were eligible to have a term of custody in jail or prison suspended for a misdemeanor or felony conviction, pending successful completion of your probationary period. Probation allows you to complete your sentence while being supervised in the community. Probation can be served informally ("summary probation"), without being assigned to a probation officer; or formally ("felony probation"), which…
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Is it Ever Legal to Spank Your Child with a Wooden Spoon?
When a child does something wrong, many parents believe in disciplining the child through spanking or some other form of corporal punishment. But some parents hesitate to spank their child because they are unsure if it is legal. Various studies released over the past decade and beyond seem to indicate that is not "good parenting" to physically discipline a child as punishment. However, there are still many parents who strongly…
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Should an Admitted Liar Be able to Become a Lawyer?
In 1995, aspiring law student Stephen Glass began his journalism career with a position at The New Republic Magazine. Shortly after, he began fabricating stories. In 1997, he began attending Georgetown University Law Center as an evening student. His made-up stories told tales of conservative Republicans, minorities and other political figures engaging in racist, humiliating and illegal acts. It was not until over a year into Glass' legal studies at…
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California Gets Two More Years to Solve Prison Overcrowding
Overcrowding in State Prisons Produces Overcrowding in County Jails California's failure to meet the 2014 deadline set by a federal court to reduce the prison population to 137% of capacity illustrates the true extent of California's prison overcrowding problem. In an attempt to alleviate this problem, the California Department of Corrections and Rehabilitation had initiated the Realignment Act. This act authorized the transfer of low level felons from state prisons…
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