Archive for the ‘New Laws’ Category

Authorities Finding Jessica’s Law Difficult To Enforce

Monday, December 7th, 2009

dave mcmtIn 2006, California voters passed the proposition to put “Jessica’s Law” into effect. In theory, this meant that registered sex offenders would no longer be able to live within 2,000 feet of a school or park. Unfortunately, the vagueness of the law and lack of penalties for violations is making it impossible for police to enforce. More than 70 percent of the city’s sex offenders are violating the law.

Authorities say the law does not specify whether it applies to all sex offenders or only those who were convicted after the law took effect. Also, they claim there are no punishments for those who violate the law, making it pointless to go after the offenders. San Diego criminal lawyers say many of their clients actually want to follow the law, but the 2,000 feet from any school or park requirement leaves them with few housing opportunities. As a matter of fact, four sex offenders have challenged the residency restrictions and their case will soon be heard by the state Supreme Court. The court’s ruling is expected in February.

For now, the requirement seems to be causing more offenders to become transient, and thus harder to track. A recent report found that in 2006 San Diego only had 88 transient sex offenders, but in 2008, the number rose to 1,056 –an 1100% increase. Experts worry that by pushing offenders into transient status, the state is actually increasing the likelihood of repeat offenses.

To read more about this complex issue, see the article on Sign On San Diego. Image via Dave mcmt [Flickr]

Marsy’s Law Providing Victims With Peace of Mind

Tuesday, November 10th, 2009

bloomsberries

A year after the passage of California’s Marsy’s Law, crime victims have already began seeing the positive effects of the bill. The law greatly reduced the number of parole hearings provided to criminal offenders in order to help reduce the strain on the families of the victims who are required to attend the hearings. For many, the frequent hearings cause emotional strain by forcing them to relive the ordeal, additionally, the frequent trips to these hearings can often result in financial burdens.

Legislatures believe the law will also help save tax dollars by extending the period of time a person must wait between parole hearings. “Because of Marsy’s Law, I was afforded liberties that I have not seen in any of the previous parole hearings I’ve attended for other crime victims,” said Justice for Homicide Victims member Arnold Heilemann. “It will be a long time before we have to relive the agony of another parole hearing, but we must remain vigilant that Marsy’s Law does not become a law that can be ignored.” Marsy’s Law permits judges to select anywhere from one to fifteen year long periods the convict must wait before again applying for parole. The man convicted of murdering Heilemann’s son received the maximum waiting period of 15 years.

With the law in effect, those facing parole hearings need to take these opportunities even more seriously and should always work with a skilled San Diego criminal lawyer in order to maximize their argument’s effectiveness.

To learn more about Marsy’s Law, please read the article in Reuters. Image Via Bloomsberries [Flickr]

Mexico Decriminalizes Drug Use

Tuesday, August 25th, 2009

cfraustoAfter years of warfare between authorities and rivaling drug cartels, Mexico has taken a progressive stand towards stopping the bloodshed by legalizing limited personal drug use. The effort may help save the Mexican government quite a bit of money on catching and penalizing drug users, which may free up more resources to battle the mafioso’s themselves.

How this will affect drug importations into America, particularly San Diego, has yet to be seen, but it may make defense strategies easier for drug offenders and their San Diego criminal lawyers.

While many other countries have moved to legalized marijuana, even California has been discussing the idea in an effort to raise tax money, Mexico has legalized the use of all types of drugs, including cocaine, LSD, heroin and more. The only other country to have legalized this spectrum of drugs is Portugal. Public consumption and large quantities are still explicitly illegal.

When this same initiative was attempted in 2006, San Diego Mayor Jerry Sanders called the proposal “appallingly stupid.” Three years later though, things have changed. US authorities have so far issued nothing but praise for the government as it wages war with cartels:

“We know that Mexican law enforcement authorities are continuing their efforts to target drug traffickers,” Department of Justice spokeswoman Laura Sweeney said Friday. “Our friends and partners in Mexico are waging an historic battle with the cartels, one that plays out on the streets of their communities each day.”

For more information on this historic decriminalization law, please read the rest of the article in the Cristian Science Monitor. Photo Via Christian Frausto Bernal [Flickr]

Supreme Court Decision Requires Analyst Testimony

Tuesday, August 18th, 2009

2865343328_f35ff579a5A recent Supreme Court decision has already been resulting in an increased number of acquittals in drug and dui cases. The decision from Melendez-Diaz v. Massachusetts says that prosecutors must present a lab analyst for cross-examination in order for forensic evidence to stand in court. Prior to this decision, prosecutors were permitted to enter a paper lab report as suitable evidence.

While many prosecutors are claiming this will provide them with an unnecessary burden that will stretch their already thin budgets too tightly, defense attorneys everywhere are praising the court for this additional protection against wrongful convictions. San Diego Criminal Attorney Henry Root believes this will help put an end to evidence abuse by dishonest police forensic labs, some of whom have been known to occasionally manipulate evidence to better support a conviction. He also believes this will help eliminate the concern of incompetent or unfocused analysts as well.

Justice Scalia wrote of the decision, “[the defendant] was entitled to ‘be confronted with’ the analysts at trial.”

Peter Neufeld of the Innocence Project in New York explained, “The Supreme Court rejected the notion that forensic science is always neutral and based on solid science…The Court said our criminal justice system can’t rely blindly on forensic analysts’ reports because they may distort results to favor the prosecution.”

More information about the decision and how it is already affecting the court systems can be found here.

Image Via NCinDC [Flickr]