Entries by luecklaw

Man Acquitted by Jury, Still Sentenced to 15 Years

The South Florida Sun Sentinel is reporting that a man acquitted in two separate jury trials of fondling pre-teen girls has been sentenced to fifteen years in prison based upon the same evidence which amounted to a violation of his probation. The case underscores the very real possibility of being sentenced on a probation violation […]

Jailers More Likely to Use Force on Mentally Ill Inmates

The LA Times is reporting that deputies in LA County jails are more likely to use force on mentally ill inmates than other prisoners. According to a report by the Sheriff’s Department, although inmates classified as mentally ill make up only 15% of the inmate population, approximately one-third of deputy use-of-force cases involved those inmates. Although […]

Study Shows Wrongful Conviction Rate of Up To Six Percent

As reported by the Richmond Times-Dispatch, a comprehensive study by the Urban Institute has found that wrongful conviction rates in violent felony cases is as high as six percent. Samuel R. Gross, a professor at the University of Michigan Law School and a former criminal-defense lawyer, attended the presentation made by the Urban Institute in November and said […]

Arson Investigation Burn Pattern Theory Debunked

A November 2011 study by The Arson Project has confirmed the hypothesis that ‘the presence or absence of an ignitable liquid in a post-flashover setting cannot be determined through visual examination of the resulting burn patterns. Any attempt to do so is no more reliable than a flip of a coin.” Download the Full Report by clicking the button […]

Novel Conservative Approach to Death Penalty Debate

As more and more Republicans are taking the “Right on Crime” (as opposed to “Tough on Crime”) approach, the Concord Monitor is reporting that Republican State Representative Phil Greazzo has come out in favor of abolishing his state’s death penalty statute. What makes his position noteworthy is not only the fact that he is a […]

Reckless Response to Service Call vs. Reckless Evasion of Officer

The Bakersfield Californian is reporting that the recent accident involving a Kern County Sheriff’s Deputy and two pedestrians (which resulted in the deaths of those pedestrians) was a result of the officer responding to a report of a stolen vehicle. Whether or not the officer’s siren and emergency lights were activated at the time of the […]

More Young Adults Arrested Than Ever Before

According to the New York Times, nearly one third of American adults have been arrested for a criminal offense by the age of 23.  In my experience, arrests at this early age generally have one of two effects on the person arrested: they either act as a wake-up call and lead the young adult to […]

More on “Strikes” in California

The law in California on “Strikes” can be very confusing, mainly because there are different types of “Strikes” and, depending on what type of “Strike” you have been charged with, the difference determines what percentage of your sentence you will actually serve.  In California, “Strikes” are categorized as either “Serious Felonies” or “Violent Felonies”. “Serious […]

24 DUI Detection Cues Police Use

The National Highway Traffic Safety Administration (NHTSA) has identified twenty-four visual cues to aid officers in detecting nighttime impaired drivers.  Be advised that any one of these cues may cause an officer to believe that you are driving under the influence and therefore pull you over. Weaving Weaving Across Lane Lines Straddling A Lane Line […]

Robbery Penal Codes

Robbery offenses are quite serious, not only because of the potential for lengthy prison commitments, but also because they amount to “Strikes” on your record and require that you serve 85% of any prison sentence imposed upon conviction.  In California, simple petty theft offenses can easily turn into robbery charges if there is any allegation […]