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- What Does “Fruit of the Poisonous Tree” Mean in Criminal Proceedings?
The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.
- Accidental Shooting in New Jersey Involving Police Officer
A 23 year old Pine Beach police officer has been suspended without pay, arrested for drunk driving, and could face criminal charges for a shooting incident that occurred shortly before 6:00 am on Friday, January 16, 2015 in Lacey Township, NJ. The Ocean County Prosecutor’s Office is investigating the shooting and has indicated that the shooting may have been accidental.
- DUI Fatality - Why First Degree Murder is Appropriate
We have recently blogged about the tragic DUI fatality case in which Ever Olivos-Gutierrez has been accused of driving drunk and killing Juan Carlos Dominguez-Palomino, a 17 year old boy. Olivos-Gutierrez is an illegal immigrant with several prior DUI and Driving Under Suspension convictions. His blood alcohol content was 4 times above the legal limit, and he attempted to flee the scene after the collision.
- Can DUI Turn into First Degree Murder?
Around midnight on March 24th, tragedy struck. According to the charging document, Ever Olivos-Gutierrez, an undocumented illegal alien, was driving a Ford Exposition near the intersection of Dayton Street and Colfax Avenue in Aurora just east of Denver. He did not have a valid license. Police say he had been drinking and ran a red light. His vehicle collided with a Chevrolet Camero driven by 17 year old Juan Carlos Dominguez-Palomino. The young man was killed.
- What Should I Do if I Can’t Afford to Make the Bail in My Case?
Over two thirds of present inmates and people locked up right now in the United States are those awaiting trial, not convicted criminals. Many of these people are locked up because they can’t afford to bail or they have no means to pay bail. A bail amount is the amount of money to be paid to secure that the accused will return to trial, and failure many times results in imprisonment in a justice system that embraces the term “innocent until proven guilty”.
- Which Is Cheaper, Execution or Life in Prison Without Parole?
It is an age old question that many of us have debated at one point or another: should executions be legal? Are they an effective deterrent and means of punishment, or is it an expensive and anachronistic practice from a less civilized time? Regardless of where you come down on the debate, one key factor that always seems to come up is cost. So, which is cheaper: execution or life in prison without parole?
- What Are the Laws Against Looting?
After a natural catastrophe, riots, terrorist attack, or other devastating event, it is not uncommon for some members of society to take to the streets and begin taking almost anything they want. Sometimes looters only take necessities, like food, water, and toilet paper, but more often than not, looters are taking items of value like televisions, computers, jewelery, etc. How does the law deal with this and what are a person's rights when trying to prevent looting?
- What is a Wrongful Death Claim?
Whenever someone dies it is normal for the survivors to want to find an explanation and a person to blame. Unfortunately, in some cases, nobody is to blame, and it was just that person's time. But, in other cases, when the death could have been avoided and someone else was in a position to prevent it, a wrongful death may have occurred.
- African American Women Disproportionately At Risk For Death by Domestic Violence
Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
- Washington Shipyard Shooting Stirs Debate Over Second Amendment Right to Bear Arms
On Monday, September 16, 2013, Aaron Alexis opened fire in the Washington Naval Shipyard, killing 12 naval and civilian personnel before he was ultimately killed himself by law enforcement. However, much to the surprise of the general public, the weapon that Alexis used to kill 12 innocent people was legal, since when he purchased it, Alexis had no record of either a misdemeanor or felony conviction.