In September 2017, U.S. Secretary of Education Betsy DeVos announced the release of interim guidelines for colleges and universities investigating and adjudicating allegations of campus sexual misconduct under Title IX. The Department of Education simultaneously withdrew Dear Colleague Letter on Sexual Violence dated 4 April 2011, and the Questions and Answers on Title IX Sexual Violence dated 29 April 2014. Secretary DeVos stated that the “interim guidance will help schools as they work to … [Read more...]
The Shooting of Kathryn Steinle
On November 30, 2017, Mexican immigrant Jose Inez Garcia Zarate was acquitted of involuntary manslaughter, second-degree murder, and assault with a deadly weapon charges in the death of Kathryn Steinle. Ms. Steinle was walking along Pier 14 in Embarcadero, San Francisco with her father and a friend when an undocumented Mexican immigrant Mr. Zarate shot her in the back. Zarate claimed he found the gun wrapped in a t-shirt underneath a bench he was sitting on. He said he was trying to fire and … [Read more...]
Massachusetts House Passes Major Criminal Justice Bill
On November 15, 2017, the Massachusetts House of Representatives passed, by an overwhelming margin, a bill that will make major changes in the Massachusetts criminal justice system. This bill is an effort to reduce recidivism, eliminate some mandatory minimum sentences, and toughen punishments for those convicted of dealing fentanyl and carfentanil. With Massachusetts experiencing an unsettling increase in drug overdoses over the past couple years, the legislature decided to tackle these … [Read more...]
Manslaughter Conviction for Texting
On June 16, 2017 the country waited anxiously for the verdict in the case of Commonwealth v. Michelle Carter. Ms. Carter, a teenager, had been indicted in Juvenile Court for involuntary manslaughter in the death of her boyfriend Conrad Roy III. But, Carter did not shoot Roy. Or stab him. Or attack him. Roy committed suicide in a parking lot. Carter was not even present when he took his own life. She was miles away, texting him. On February 6, 2015 Carter moved in the Juvenile Court to dismiss … [Read more...]
Decriminalizing Marijuana
On November 8th, 2016 Massachusetts became the first state in the eastern part of the U.S. to legalize marijuana. The legislation approved of by Question 4 will impose on regulated and approved marijuana retailers a 3.75% excise tax, increasing tax revenues for the Commonwealth, shift police and judicial resources to actual crimes, eliminate black market distribution of marijuana – as well as all the problems those distributors cause society – and ease the overcrowding of our jails and prisons. … [Read more...]
Is Hacking a Cyber-Crime?
In today’s electronic world most people are familiar with the term “hacking.” Although the term lacks a universally accepted definition, it usually refers to the unauthorized entrance or intrusion into a computer network, system, or individual computer, typically for personal gain. Because hacking involves gaining access to a computer network, system, or individual computer without consent and often includes theft, espionage, unlawful review of protected data, and the destruction of files, it … [Read more...]
Federal vs. State Crimes
In the United States we operate under a federalist form of government, meaning that we have a central governing body (the federal government) as well as smaller local governing bodies (state governments). Our judicial system also follows a federalist model. Although the U.S. Constitution is the supreme authority in the United States, laws can be passed and enforced at both the federal and state level. If you have been charged with a criminal offense it is important to understand which system you … [Read more...]
History of the Jury System
In suites between man and man, the ancient trial by jury is one of the greatest securities to the rights of the people. Virginia Bill of Rights, 1788 To many, trial by jury is viewed as a recent, but enduring symbol of democracy. Others likely believe this right was first enshrined in our constitution. Few suspect it is a right dating to antiquity. From whence does the jury trial originate? Its roots trace back all the way to Anglo-Saxon practices imported to England following the … [Read more...]
What Crimes Does the F.B.I. Investigate?
It is unlikely that you have never heard of the Federal Bureau of Investigation, or F.B.I. Not only is the F.B.I. the most visible of all the federal law enforcement agencies but F.B.I. agents are also a common addition to Hollywood crime dramas that involve murder, mayhem, and national conspiracies. Hollywood, however, does not always do a good job of portraying the F.B.I., often taking liberties with regard to how the agency operates and what agents actually do. In the event that an F.B.I. … [Read more...]
What Happens If You Take a Ticket to Trial and Are Found Guilty in Massachusetts?
If you drive long enough chances are very good that you will eventually get a traffic ticket. Even if you are a law abiding citizen and do your best to obey all the rules of the road, you could still end up in the cross-hairs of a radar gun or in the sights of an overzealous law enforcement officer one day. If that occurs, you can simply pay the ticket and move on or challenge the ticket. Before deciding how to handle your ticket you should consider what happens if you take a ticket to trial and … [Read more...]
