Lake County Criminal Defense Law Blog
Federal convicts could have crack cocaine sentences shortened
Congress' Fair Sentencing Act of 2010 aimed to even out the prison sentence guidelines for drug offenses involving powder cocaine and crack cocaine. Crack cocaine is processed cocaine and is smoked and cheaper than powder cocaine, which is snorted.
The sentences have usually been harsher for crack cocaine than powder cocaine, and the sentencing disparity has been criticized for years by human rights groups as unfair. Opponents of the disproportionate punishments for crack say it has resulted in large numbers of people in prison for long periods of time for low-level drug offenses and has contributed to further racial and class disparities in U.S. prisons.
Recently, the United States Sentencing Commission voted to make that law retroactively apply to the current prison sentences of federal prison inmates convicted and serving time for drug offenses involving crack cocaine. The seven-person panel voted unanimously for the retroactive application of the law. According to a piece in Reuters, this means that up to 12,000 people in federal prisons may have their sentences reduced.
The sentences have usually been harsher for crack cocaine than powder cocaine, and the sentencing disparity has been criticized for years by human rights groups as unfair. Opponents of the disproportionate punishments for crack say it has resulted in large numbers of people in prison for long periods of time for low-level drug offenses and has contributed to further racial and class disparities in U.S. prisons.
Recently, the United States Sentencing Commission voted to make that law retroactively apply to the current prison sentences of federal prison inmates convicted and serving time for drug offenses involving crack cocaine. The seven-person panel voted unanimously for the retroactive application of the law. According to a piece in Reuters, this means that up to 12,000 people in federal prisons may have their sentences reduced.
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Flawed death investigations can lead to wrongful convictions
An investigative report recently done by NPR has found that the death investigations of child homicide and child abuse cases can be flawed, leading to wrongful convictions.
According to NPR, forensic pathologists investigating a child's death may be biased to conclude for homicide because of different factors in the case, including high emotions over the child's death. Also, some diseases in children can look like sexual or physical abuse, but it might take someone trained in pediatrics to recognize the true cause of death in some circumstances.
In addition, the overall death investigation system in the U.S. has been found to have problems. NPR, ProPublica and PBS Frontline found in an investigation earlier in the year that the system is problematic. A report in 2009 by the National Academy of Sciences said that the system could be improved if it was better funded, had more specialists and was guided by national standards.
According to NPR, forensic pathologists investigating a child's death may be biased to conclude for homicide because of different factors in the case, including high emotions over the child's death. Also, some diseases in children can look like sexual or physical abuse, but it might take someone trained in pediatrics to recognize the true cause of death in some circumstances.
In addition, the overall death investigation system in the U.S. has been found to have problems. NPR, ProPublica and PBS Frontline found in an investigation earlier in the year that the system is problematic. A report in 2009 by the National Academy of Sciences said that the system could be improved if it was better funded, had more specialists and was guided by national standards.
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Update: Casey Anthony found not guilty of the murder of her two-year old child
Despite the expectations of media commentators and strong public sentiment, Casey Anthony was acquitted of murder charges in the death of her two-year old child Caylee. Casey Anthony had been charged with multiple felonies in connection with the death of her daughter in 2008, including first-degree murder, aggravated child abuse and aggravated manslaughter of a child.
Prosecutors alleged that Ms. Anthony strangled her daughter and then dumped in the woods nearby. But the prosecution was unable to offer much forensic evidence supporting this theory, such as a time of death or manner of death. Ms. Anthony's defense team contended that Caylee accidentally drowned, the family failed to report her death, and that Ms. Anthony lied to investigators out of fear.
Prosecutors alleged that Ms. Anthony strangled her daughter and then dumped in the woods nearby. But the prosecution was unable to offer much forensic evidence supporting this theory, such as a time of death or manner of death. Ms. Anthony's defense team contended that Caylee accidentally drowned, the family failed to report her death, and that Ms. Anthony lied to investigators out of fear.
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Sex crime charges likely will be dropped against Strauss-Kahn
Dominique Strauss-Kahn, the former chief of the International Monetary Fund, has been facing sex crimes charges since May when a hotel maid accused him of sexual assault. The maid told police that Strauss-Kahn tried to rape her and sexually assaulted her when she went into his hotel room to clean it.
According to a recent piece by the AFP, Strauss-Kahn's accuser, however, has shown that she may not be a credible witness and she is the key witness in the prosecution's case against Strauss-Kahn. The Guinea-native has changed her story about what happened following the alleged sexual assault in the hotel room. She also lied to a grand jury. It was also found that she lied on tax returns and lied on her application for asylum in the U.S.
Prosecutors say she also made a phone call to someone in prison in Arizona during which she discussed the accusations against Strauss-Kahn and questionable deposits have been made in her bank account. Because of these issues that have come up about the credibility of their main witness, it is likely that prosecutors will drop the sex crimes charges against Strauss-Kahn.
According to a recent piece by the AFP, Strauss-Kahn's accuser, however, has shown that she may not be a credible witness and she is the key witness in the prosecution's case against Strauss-Kahn. The Guinea-native has changed her story about what happened following the alleged sexual assault in the hotel room. She also lied to a grand jury. It was also found that she lied on tax returns and lied on her application for asylum in the U.S.
Prosecutors say she also made a phone call to someone in prison in Arizona during which she discussed the accusations against Strauss-Kahn and questionable deposits have been made in her bank account. Because of these issues that have come up about the credibility of their main witness, it is likely that prosecutors will drop the sex crimes charges against Strauss-Kahn.
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Prosecutorial misconduct led to wrongful conviction
An Illinois judge has granted a new trial to a group of four individuals in a drug conspiracy case after it was revealed that their previous conviction was based on false testimony.
According to a piece by Joseph Celentino in Courthouse News Service, the three-judge panel of the 7th Circuit agreed with the district judge that the defendants should get a new trial because a federal prosecutor knowingly used the false testimony to secure a guilty verdict. The judges ruled that this violated each of the defendant's right to due process and accused an Assistant U.S. Attorney of prosecutorial misconduct, although disciplinary action against the attorney has not been taken.
Police performed an in-depth drug investigation before arresting and charging a total of 15 individuals on drug charges in the no-longer-existing public housing project, Cabrini Green. Prosecutors said that the individuals were part of a gang that bought cocaine and turned it into crack.
According to a piece by Joseph Celentino in Courthouse News Service, the three-judge panel of the 7th Circuit agreed with the district judge that the defendants should get a new trial because a federal prosecutor knowingly used the false testimony to secure a guilty verdict. The judges ruled that this violated each of the defendant's right to due process and accused an Assistant U.S. Attorney of prosecutorial misconduct, although disciplinary action against the attorney has not been taken.
Police performed an in-depth drug investigation before arresting and charging a total of 15 individuals on drug charges in the no-longer-existing public housing project, Cabrini Green. Prosecutors said that the individuals were part of a gang that bought cocaine and turned it into crack.
Blagojevich planning to appeal conviction on federal corruption charges
Former Illinois Governor Rod Blagojevich was recently convicted by a jury on 17 counts of corruption. The jury convicted Blagojevich on all 11 counts that accused the former governor of trying to sell the Senate seat that was left open when Barack Obama was elected to the presidency. The jury also deadlocked on two of the counts against Blagojevich and acquitted him on one count. He could face 10 or more years in federal prison for the convictions.
Now that he has been convicted on 17 charges, he is planning his appeal. The first trial ended in a mistrial. The defense filed a mistrial motion with the court for the second trial as it was wrapping up.
According to an article in the Chicago Tribune by Jeff Coen, Blagojevich and his defense attorneys have claimed through this trial that the federal judge was unfair to the defense. They say that he favored the prosecution in their case against the former governor.
Now that he has been convicted on 17 charges, he is planning his appeal. The first trial ended in a mistrial. The defense filed a mistrial motion with the court for the second trial as it was wrapping up.
According to an article in the Chicago Tribune by Jeff Coen, Blagojevich and his defense attorneys have claimed through this trial that the federal judge was unfair to the defense. They say that he favored the prosecution in their case against the former governor.
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R&B singer Nivea arrested for driving under the influence
R&B singer Nivea was arrested last Tuesday following a car accident. The singer hit a downed tree with her car around 1:30 in the morning. The singer complained of head and neck injuries and was taken to a hospital. She was later arrested and charged with driving under the influence less safe, reckless driving and driving too fast for conditions. A child was also in the car but was unhurt and released at the singer's request to her boyfriend.
The charge of "DUI less safe" means that Nivea did not take a field sobriety test and the police do not have a blood-alcohol concentration reading for her, but police suspect that she was driving under the influence of alcohol. Nivea told a firefighter on the scene that she had had three alcoholic drinks earlier in the evening at an event. The police report says that she had bloodshot and glassy eyes and had a strong smell of alcohol on her breath.
The charge of "DUI less safe" means that Nivea did not take a field sobriety test and the police do not have a blood-alcohol concentration reading for her, but police suspect that she was driving under the influence of alcohol. Nivea told a firefighter on the scene that she had had three alcoholic drinks earlier in the evening at an event. The police report says that she had bloodshot and glassy eyes and had a strong smell of alcohol on her breath.
Casey Anthony's mother and brother testify in her murder trial
The defense is still calling witnesses in the Casey Anthony murder trial. Casey is accused of killing her two-year-old daughter, Caylee, in June 2008, and she is charged with first-degree murder, aggravated child abuse and lying to police. The prosecution tried to prove to the jury that Casey killed her daughter by first knocking her unconscious with chloroform and then suffocating her by putting duct tape over her nose and mouth.
The defense has come up with a compelling parallel story and has convincingly challenged the prosecution every step of the way. Casey's defense attorneys say that Caylee accidentally drowned in the family's swimming pool and she and her father covered it up. The defense claims that Casey was sexually abused by her father and brother growing up, which led to lies and secrets being second nature to Casey.
The defense has come up with a compelling parallel story and has convincingly challenged the prosecution every step of the way. Casey's defense attorneys say that Caylee accidentally drowned in the family's swimming pool and she and her father covered it up. The defense claims that Casey was sexually abused by her father and brother growing up, which led to lies and secrets being second nature to Casey.
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Rapper Flo Rida arrested for drunk driving
Hip hop musician Flo Rida was arrested early last Friday morning on suspicion of driving under the influence of alcohol. He was also arrested for driving with a suspended driver's license. Police pulled over his 2008 Bugatti around 4 a.m. on Friday morning after reportedly watching it swerve around the road. Police say that Flo Rida did not immediately pull over, but slowed down and continued to swerve until finally pulling over to the side of the road.
According to MTV News, police began to administer field sobriety tests, but Flo Rida told police he could not do them because he had been drinking. He allegedly registered a blood-alcohol concentration of 0.185.
According to MTV News, police began to administer field sobriety tests, but Flo Rida told police he could not do them because he had been drinking. He allegedly registered a blood-alcohol concentration of 0.185.
Global drug policy panel recommends legalization of some drugs
The Global Commission on Drug Policy released recommendations earlier this month for changes in governments' approach to illegal drugs. The panel said that the "war on drugs" approach is not reducing the number of people using drugs but, instead, is creating a market for drug cartels and leading to violence across the world. The panel said that legalizing or decriminalizing some drugs might lead to less drug violence and more drug regulation.
Mexican President Felipe Calderon said that he did not agree with the recommendations. Calderon initiated a crackdown in 2006 against Mexico's drug cartels. Since 2006, 38,000 people have died in the fighting. The U.S. supports Mexico in the drug war and the Obama Administration also said that they did not believe in legalization of any drugs. They have supported drug courts so that people who possess illegal drugs or commit crimes because they are suffering from addiction can get the treatment that they need.
Mexican President Felipe Calderon said that he did not agree with the recommendations. Calderon initiated a crackdown in 2006 against Mexico's drug cartels. Since 2006, 38,000 people have died in the fighting. The U.S. supports Mexico in the drug war and the Obama Administration also said that they did not believe in legalization of any drugs. They have supported drug courts so that people who possess illegal drugs or commit crimes because they are suffering from addiction can get the treatment that they need.
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