The Human Mind and the American Justice System

A system of justice that differs depending on skin color, sex, class, and so on, is not a tenable system for a democratic society.  This great article explores the research behind humans deciding the fate of other humans.

Ladies - Wear Pants in Massachusetts! (at least until the law is changed)

Ladies - be advised to wear pants when in Massachusetts:

http://www.huffingtonpost.com/2014/03/05/upskirt-photos-legal-massachusetts_n_4906949.html

The Massachusetts state legislature will undoubtedly rectify this issue expeditiously.  Still, I am somewhat surprised that the high court there applied the plain language of the law so meticulously here.  I'm unaccustomed to such practices in Alabama; and, I doubt the same result would have been reached here.  Kudos to the Massachusetts court for abiding by the separation of powers.

Travesty of U.S. Justice System

This is prima facie evidence of the necessity of reviewing federal (and state) criminal sentencing guidelines -- especially the mandatory sentences.  As the "war on drugs" is at the root of this, taking a hard look at its results is in order as well.

http://www.huffingtonpost.com/2013/11/13/life-without-parole_n_4256789.html

Heartwrenching stories.  Especially those of the young, first-time offenders.

Alabama's New Gun Law: Fully Loaded Iron Bowl

Alabama's new gun law, set to take effect on August 1, will make carrying a gun a lot easier.  This is a polarizing issue.  Regardless, the change is inevitable now.

http://blog.al.com/wire/2013/07/six_things_to_know_about_alaba.html#incart_2box

The new law, in essence, allows the normal citizen who possesses a concealed weapon permit to take guns into places they've never been - sporting events, schools, work, so on.  Is this a good idea?  We'll find out soon.  I can't imagine having fans armed at the Iron Bowl will ever end well.

Charged with a Crime: Fingerprints, Mugshot, and DNA?

With the recent decision of the U.S. Supreme Court, law enforcement may now acquire a DNA sample without a warrant from those individuals charged with a serious crime.  Though the Court was sharply divided on the issue (as is typical), this particular issue created some strange bedfellows among the justices.  Regardless, the question remains whether such a decision constitutes an added layer of identification for law enforcement or an intrusion into that which makes us each unique.

http://www.huffingtonpost.com/2013/06/03/supreme-court-dna-samples_n_3378379.html

Many critics lament that there is nothing to stop the expansion of such a gathering program.  While such expansion remains to be seen, the fact-of-the-matter is that DNA sampling is sure to be a ubiquitous practice from this point forward.

State of Florida v. Zimmerman: Criminal Defense Strategy

Regardless of whether you believe George Zimmerman murdered Trayvon Martin or acted in self-defense, a trial looms on the horizon.  And, twelve Floridians will be saddled with the responsibility of deciding the former's innocence or guilt.  A case with such monumental media exposure undoubtedly requires creative and nuanced legal strategy -- from both sides.  The defense's posturing continued today via Mr. Zimmerman's criminal lawyer:

http://www.cnn.com/2013/05/23/justice/florida-zimmerman-defense/index.html?hpt=hp_t1

The members of the jury will not assume their duty without some knowledge of this case.  It is vital for both sides to present their story in the media, without the hindrance of the rules of evidence.  Pictures, texts, and phone calls, which are likely inadmissible at trial, can be planted in the minds of potential jurors now.  As the adage says: "You can't unring the bell."  Once a future juror sees or hears these pictures and texts, it's difficult to forget them, regardless of how a Judge may instruct.

Legalize Marijuana?

I represent many folks charged with marijuana-based crimes -- mostly Posssession of Marijuana 2nd Degree (personal use).  The legalization of marijuana is a ubiquitous topic in today's legal community:

http://www.huffingtonpost.com/2013/02/27/legalize-marijuana-dont-bogart-that-joint-my-friend_n_2773979.html

This is an interesting read.  Regardless of your position, this will undoubtedly continue to be a debate at the state-level.  Until it is legalized, make sure you know a competent criminal attorney.

The Police Searched My Car! Can They Do That?!

Clients, friends, family, waitresses at the City Cafe - people ask me, as a criminal lawyer, this all the time. And, it's a good question. The police usually have a basic understanding of what they can and can't legally do, but the average citizen typically has no clue when a peace officer is over-stepping the protections and limitations of the Constitution. Consider this a crash course courtesy Southern Justice.

The most common scenario is as follows:

You get pulled over for violating a traffic law - speeding, improper lane change, driving on a sidewalk, so on. You prepare to offer tears, excuses, whatever it takes to get out of a ticket. The officer asks for your license, registration, and/or proof of insurance. Then, she inquires: "Mr. Watson, do you mind if I look around inside your car?"

Know this: absolutely nothing prevents the officer from asking if he may search your vehicle. But - and here's the kicker - you may say no. Refuse. "I do mind if you search." "No. You may not look around." Probably best to soften it up a bit. Be polite. But, you would be amazed at the number of drug charges and DUI indictments that arise because the defendant consented to a search of his vehicle.

Now, here's the second most misunderstood fact concerning a vehicle search - the officer does not need a warrant to search the vehicle. Why? According to our US Supreme Court, vehicles are quick and mobile, and you and I simply don't expect what we do and carry in them to be that private (Carroll and Acevedo). So, no warrant needed; all the officer needs is "probable cause." To the best of my understanding, "probable cause" exists whenever the officer wants it to. Seriously, it exists if a reasonable person could believe that there is a "fair probability" of criminal activity based on the totality of the circumstances (Gates). In other words, if the sheriff smells marijuana, sees a pipe or syringe on the seat, or hears the high school senior in the backseat yelling "Hide the beer!," he likely has "probable cause" to search the vehicle.

So, you're informed! Next time you make a mistake while behind the wheel and see blue lights in your rearview, you'll be ready. And, if not, give me a call. My best.