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Court rejects ACLU's request to stop phone record collection
Legal Network |
2015/10/30 15:25
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A federal appeals court in New York has rejected the American Civil Liberties Union's effort to stop bulk collection of its phone records while a more limited collection system is put in place.
The 2nd U.S. Circuit Court of Appeals said Thursday that Congress intended for data collection to continue during a six-month transition period before a new law takes effect. Earlier this year, the appeals court in Manhattan struck down the government's mass collection of Americans' phone records, finding Congress never authorized it.
Congress then approved a more limited collection method due to take effect Nov. 29.
The 2nd Circuit says an abrupt end to the current program would harm the public interest in surveilling terrorist threats.
An ACLU lawyer says the civil rights group disagrees with the ruling.
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Court: Therapy dog didn't sway jury against sex offender
Legal Interview |
2015/10/28 15:25
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A therapy dog used to calm a testifying young victim did not influence the jury during the trial of an Ohio man who was convicted of having sex with a minor and providing drugs to another, an appeals court ruled.
The Akron Beacon Journal reports the ruling on Michael Jacobs' complaint to the 9th District Court of Appeals is considered important in Ohio because it was the first time a state appellate court heard a case challenging the use of therapy dogs during trial.
Jacobs was convicted in 2014 of having sex with a minor and providing drugs to another. He's serving a four-year prison sentence.
He argued that the Labrador-golden retriever mix brought in by county prosecutors, named Avery II, was a distraction in the Summit County courtroom.
Prosecutors contended that the dog was out of the view of jurors as it sat by the child's feet.
The court ruled that judges are permitted to allow "a variety of special allowances" for young victims of sexual abuse who testify during a trial, including therapy dogs.
"One of my main objectives as Summit County prosecutor is to fight for the rights of victims, especially children. Avery plays a vital role in how my office focuses on the needs of crime victims," prosecutor Sherri Bevan Walsh said.
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Supreme Court won't reinstate $250K award in police shooting
Court Watch |
2015/10/19 22:45
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The Supreme Court will not reinstate a $250,000 award to the father of a suspected marijuana user in Maryland who was killed by police in a middle-of the-night raid.
The justices on Monday left in place a court ruling that overturned the jury award in the death of Andrew Cornish in 2005. A SWAT team entered Cornish's apartment in Cambridge,
Maryland, at 4:30 a.m. with a search warrant to look for marijuana.
The jury found that police violated Cornish's constitutional rights by failing to "knock and announce" their presence before going inside.
A lawsuit filed by Andrew Kane over his son's death argued that Cornish was awakened by the intrusion, grabbed a knife for protection and was shot in the head seconds later.
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Federal court programs aim to keep defendants out of prison
Topics |
2015/10/19 22:45
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Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.
Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.
"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."
Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.
About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.
"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."
Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.
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