Archive for the 'Criminal Law' CategoryPage 2 of 72

Should Leaving Children in Cars Lead to Jail Time or Loss of Custody?

A lot can happen in five minutes. Consider this scenario: A toddler is sleeping in the back seat. Her mother runs off to the store for five minutes. The car is parked in the shade and it’s a cool day.

child neglect left in a carThe child wakes up and finds a small crowd gathered around the vehicle. Strange people are taking pictures with their phones. Mommy tries to save her, but a man in a blue uniform takes Mommy away. The toddler screams and cries as strangers open the car and kidnap her. The toddler is taken to offices and daycares. The little girl is frightened and just wants to go home with her mom.

Most good Samaritans who see children left alone in vehicles take down the license number, call the police, and drive away after the officer arrives. They usually don’t see what happens after the arrest is made and the child is taken. So let me fill in the blanks:

If the parent is charged with child neglect or one of the numerous variations, the parent will be in jail until bail is posted. Depending on the state and county, the case might be heard in juvenile or criminal court. The child is either taken home if there is a caretaker or to protective services. If the parent has the money, the parent can hire a criminal defense attorney. If not, the parent risks significant jail time and losing custody of the child.

Let that sink in for a second. Leaving your child in the car could result in losing custody of the child. Most comments online are along the lines of “Good. Doesn’t deserve to be a parent.” Obviously there isn’t a lot of sympathy for the parents of these children, but I urge readers to consider the children inside the system.

A young child doesn’t know anything about the risks of a hot car or abductions. The toddler is probably sleeping in the back seat or playing with a toy. The toddler only knows her parents were taken away. Removing a toddler from the custody of her parents will mentally and emotionally scar a child for life. Being dragged through the system, even briefly, can emotionally harm a child.

In some cases, removing a child from the custody of a parent is the correct answer. But those situations should be rare. In benign situations like leaving a child in a car, the process and the end game will psychologically damage the children. It is extremely ironic that we protect children from potential physical harm by inflicting emotional pain on them.

What’s Best for the Child Is What’s Best for Society

Leaving a child alone in a car can be dangerous. Children have died when left unattended in an overheated car. And there have been a few cases where parents intentionally leave their children in the car to die. It’s good that we live in a world where people are watching out for kids. However, sending all children and harmless parents through the criminal justice does not help the children. Like the “war on drugs,” society cannot use criminal sanctions to punish otherwise harmless behavior. The results will be horrifying and will have a long impact on society.

Children can be removed from the custody of parents if the parent leaves the child unattended in a car because of prosecutors’ discretion. Prosecutors have the authority to decide what type of crime they can charge defendants with. If a parent leaves a child in a car unattended, the prosecutor can bring a charge of child endangerment. In many states, child endangerment can be a misdemeanor or a felony. If the charge is a felony, the child can be removed from the defendant’s custody.

The problem is that that kind of punishment for a minor incident is absolutely absurd. A small fine or an order to attend parenting classes should be sufficient. There should be enough punishment to send a message that children can die if left unattended, but not so severe that the family itself is threatened. Children can and do die if left unattended in a car. However, going over the speed limit could also potentially put the child’s life in danger. Yet nobody in their right mind would approve of removing child custody over a speeding ticket.

If hardened criminals deserve proportional justice, then new parents should also have punishments that fit the crime. Instead of treating these cases like child molestation, these cases should be at the level of traffic tickets.

Body Cameras on Cops: Who Controls the Footage?

After the fatal death of Freddie Gray, Baltimore’s Mayor Stephanie Rawlings-Blake has announced all police officers will have body cameras by 2016. President Obama also supports the use of body cameras and has proposed $263 million for police body cameras and training.

police body camMandatory body cameras on cops is a good start to easing the tensions between the police and the public. But a lot of legislative issues arise with this topic, including: 1) Who has access to the recordings and, and 2) How are public record requests handled?

Should the Video Footage Be in Public Records?

Lawmakers in at least 15 states have introduced bills that exempt footage of police encounters from state public records or to limit what the public has access to. These lawmakers state their motive is to protect the Fourth Amendment right of privacy to the civilians in the videos.

It seems reasonable to wonder if these lawmakers are just afraid that even more police departments will come under investigation of the DOJ, like the Baltimore Police Department?

Who Controls the Footage?

For the most part, police currently have full control over video footage captured by the body cameras. They also have control over public access to the videos.

The skeptic in me is concerned that the police are not going to voluntarily release a video that makes them look even worse than they already do. What’s to stop the police from selectively only releasing videos that show them to be innocent?

Some lawmakers have proposed that a third party should be responsible for releasing the footage to the public. In my opinion, this is the best possible option. The public shouldn’t necessarily have full control over the body camera footage, but the police shouldn’t have exclusive access either. A third party regulating the release to the public or access to the footage is the best option.

Couple Caught Canoodling on a Florida Beach Must Register as Sex Offenders

A couple convicted of having sex on a Florida beach is forced to register as sex offenders. Twenty-year-old Elissa Alvarez and 40-year-old Jose “Benny” Caballero were convicted of lewd and lascivious exhibition.

couple have sex on the beach must register as sex offendersA grandmother on the beach filmed the couple, as people passing by were forced to watch and cover their children’s eyes.

Alvarez’ attorney attempted to defend her by stating she was merely dancing on top of Caballero. If you see the video, she’s clearly doing a little more than dancing.

The charges call for 15 years in prison. Alvarez will not be spending the whole 15 years in prison but instead will serve an undisclosed amount of time in jail. Caballero on the other hand is a re-offender; three years prior he was convicted of cocaine trafficking. Because the new charges are felonies, and he was just released from prison three years ago, the judge is sentencing him to the full 15 years.

Both Alvarez and Caballero will forever be registered sex offenders. This will affect their employment, where they live, and their everyday lives. They can’t be close to schools or public parks, and having children will be extremely difficult.

Sex offenders have a social stigma: no one wants to be around them, hire them, or live near them.

Sex Offender Regulations

Alvarez and Caballero must report to the Sheriff’s Office to ReRegister either two or four times per year depending on the circumstances of their crime.

Should people like Alvarez and Caballero have to register as sex offenders, just like child molesters and rapists? Or should people who commit a non-violent crime, that does not involve a child, be mandated to go through counseling instead?

In my opinion, Alvarez is not a sex offender. She is a 20-year-old woman who acted recklessly while just wanted to be intimate with her boyfriend. Was it wrong? Absolutely. But she is nowhere close to having the same mindset as a rapist.

The purpose of the sex offender registration is to protect society from people who may have a propensity for committing sex-related crimes. Given the details of this case, I wouldn’t say that anyone needs to be protected from Alvarez.

I believe crimes like these, depending on specific circumstances, should entail counseling or mandatory classes, along with probation. Re-offenders like Caballero should possibly serve some jail time. But first time offenders like Alvarez, who committed a sexual non-violent crime that was not imposed directly onto a child, should not be forced to register as a sex offender. Any hope of having children and giving them a normal life is ruined unnecessarily.

Incoming search terms for the article:

Spring Break and Sexual Assaults: An Inevitable Trend

Three people have been arrested in relation to a gang rape occurring in Panama City, FL during spring break. How did the authorities find out about the rape? A video that went viral of the alleged rape got into the hands of the Panama City Beach police. Hundreds of onlookers watched as a woman went in and out of consciousness while she was raped multiple times. According to the authorities in Bay County, this isn’t the first, second, or even third video they’ve seen of this type of incident.

spring break sexual assaultsNew Provisions Ban Alcohol on Beaches in Bay County, FL

During spring break this year, the Bay County Sheriff’s Office made triple the amount of arrests than they did last year in the same time frame. Crimes involving drugs, weapons, and assaults are rampant among spring break goers looking for a good time with no consequences.

The Bay County Commission and the Panama City Beach Council declared a no alcohol on beaches policy between the dates of March 1 and April 18. They’re hoping to lower the number of sexual assaults that occur during spring break, but is alcohol the only issue?

The Problem Goes Beyond Alcohol

Yes, alcohol is a huge contributor in sexual assaults. However, our culture is the main issue.

The objectification of women is widespread in our society. Women are largely seen as sex symbols: nothing more than a body with a voice that needs to be silenced. If women are allowed to be seen as mere objects, then they will inevitably be treated as such.

Women are sexualized in all facets of life—not only on the beach, but even in unexpected venues including the world of politics. Consider news stories about Hillary Clinton: instead of journalists asking her what she plans to do about issues like ISIS and health care, she gets critiqued for her clothing. I never realized her outfit had anything to do with her politics. I guess in our country, this unfortunately does matter if you’re a woman.

The most detrimental way women are objectified is in the criminal justice system. More times than not, women who report a sexual assault are asked, “What were you wearing at the time of the incident?” and “Well were you drinking?” Women are much too often criminalized rather than victimized when reporting a sexual assault crime.

Six Officers Charged in the Murder of Freddie Gray

Baltimore Police Freddie Gray Case

The death of Freddie Gray was officially ruled as a homicide by Baltimore’s attorney, Marilyn Mosby. All six officers involved in the case will face criminal charges. They were quickly taken into custody following the announcement by the attorney’s prosecutor.

Even though the officers had reasonable suspicion to stop and question Gray, they did not have probable cause to arrest him. The officers made an illegal arrest.

Footage that caught the arrest on tape showed the cops using profound force on Gray while leading him to the van. But the investigation revealed Gray was not injured until the ride started.

While in the van, Gray’s head struck a bolt that was sticking out of the wall. He hit the bolt so hard it broke his neck, causing the massive spinal injury. A law enforcement official reported that his injuries were like that of a car accident victim. The investigation also revealed the van made a stop at an undisclosed and unreported location before arriving at the jail.

Lt. Brian Rice, the officer who first made contact with Gray, was hospitalized in April 2012 concerning his mental health. He reportedly stated that he “could not continue to go on like this” and threatened to commit an act which has not been made public.

Each officer is facing specific charges depending on their involvement in the case. Here’s a breakdown of the charges that have been released:

Officer Caesar R. Goodson Jr.

  • Second-degree depraved-heart murder 30 years
  • Involuntary manslaughter 10 years
  • Second-degree assault 10 years
  • Manslaughter by vehicle (gross negligence) 10 years
  • Manslaughter by vehicle (criminal negligence) 3 years
  • Misconduct in office

Officer William G. Porter

  • Involuntary manslaughter 10 years
  • Second-degree assault 10 years
  • Misconduct in office

Lt. Brian W. Rice

  • Involuntary manslaughter 10 years
  • Two counts of second-degree assault Each has a maximum penalty of 10 years
  • Two counts of misconduct in office
  • False imprisonment

Officer Edward M. Nero

  • Two counts of second-degree assault Each has a maximum penalty of 10 years
  • Two counts of misconduct in office
  • False imprisonment

Officer Garrett E. Miller

  • Two counts of second-degree assault Each has a maximum penalty of 10 years
  • Two counts of misconduct in office
  • False imprisonment

Sgt. Alicia D. White

  • Involuntary manslaughter 10 years
  • Second-degree assault 10 years
  • Misconduct in office

Incoming search terms for the article: