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mcherm : overprosecution   155

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Alabama man who served 36 years of life sentence for $50 robbery to be freed | US news | The Guardian
Three-strikes law blew up one robbery (resulting in probation) followed by another in which $50 was stolen and no one was hurt into a life sentence.
prison  overprosecution  via:TheGuardian  TheGuardian 
august 2019 by mcherm
A White Woman Was Caught On Tape Selling Heroin, But Police Arrested A Black Woman Instead - The Appeal
She alleges (plausibly) that she had absolutely no resemblance to the woman caught on video but was arrested and had an impossibly high bail set.
police  overprosecution  law  bail  racism  via:reddit 
august 2019 by mcherm
The Revolt of the Feminist Law Profs - The Chronicle of Higher Education
A lengthy and detailed article on the erosion of legal principals in the prosecution of sexual crimes and those who have argued against it
law  overprosecution  feminism  via:reddit 
august 2019 by mcherm
Alabama woman loses unborn child after being shot, gets arrested; shooter goes free
What the hell, Alabama? Yes, it was a jury, not prosecutors, who let the shooter off and yes, prosecutors claim she started the fight. But this seems wrong.
law  via:reddit  gender  abortion  overprosecution 
june 2019 by mcherm
Group Protests 'Pay-Or-Jail' Sentences in Atlanta - The New York Times
The judge imposes a fine and jail, with one suspended if the other is paid/served. "$50 or 30 days in jail". Unconstitutional, of course.
law  overprosecution  nytimes  via:reddit 
march 2019 by mcherm
How My High School Destroyed An Immigrant Kid's Life Because He Drew The School's Mascot | Techdirt
He wrote down the number 504 and sketched the school mascot. That's the evidence needed to deport him for gang activity.
kidsrights  overprosecution  via:Techdirt  techdirt 
january 2019 by mcherm
In Philadelphia, a Progressive D.A. Tests the Power — and Learns the Limits — of His Office - The New York Times
The opposite of overprosecution, the DA in Philadelphia was elected on a platform of liberal reform and is attempting to do just that.
law  overprosecution  via:reddit  nytimes 
december 2018 by mcherm
Las Vegas attorney claims he was arrested for telling client not to talk with police - KTNV.com Las Vegas
This is not even the FIRST time he has been prosecuted for advising his client not to answer questions from the police!
law  police  overprosecution  via:reddit 
september 2018 by mcherm
Louisiana public defenders: a lawyer with a pulse will do | US news | The Guardian
They have no funding for public defenders so they are conscripting unqualified lawyers or even prosecutors. Also, don't miss the judge telling a reporter the defendant is known to be guilty before the trial begins.
law  ethics  via:reddit  overprosecution 
august 2018 by mcherm
York County lawyers demand grand jury indictments get tossed | The Herald
An average of 40 seconds were spent per indictment. I don't think that is long enough to actually read the indictment to the grand jurors.
law  overprosecution  via:reddit 
august 2018 by mcherm
FBI Decides To Ruin A Man's Life Over Nude Photos Of His Legal Girlfriend He Took Seven Years Ago | Techdirt
Federal prosecutors go after someone because he snapped some pictures of him touching his 17-yr-old girlfriend's breasts.
sexoffenders  overprosecution  law  techdirt  via:Techdirt 
july 2018 by mcherm
Meek Mill’s decade-long struggle in the justice system, explained - Vox
Even the rich and famous can be abused by unreasonable expectations for those on probation. In this case, prosecutors were reasonable (well, 10 years later) but according to the article, the judge was not.
overprosecution  law  via:vox  vox 
june 2018 by mcherm
In America, Naturalized Citizens No Longer Have an Assumption of Permanence | The New Yorker
The US is now searching for any possible lie on paperwork for naturalized citizens so it can deport them. The author explains why lying on the paperwork is very likely impossible to avoid.
law  overprosecution  immigration  via:reddit 
june 2018 by mcherm
Why did a Tarrant judge get probation for falsifying signatures? | Fort Worth Star-Telegram
The article spins this as "racism" (or possibly "classism"), but I wonder whether it is REALLY about the penalty for taking a case to trial.
racism  overprosecution  via:reddit 
april 2018 by mcherm
Teen charged in Nova Scotia government breach says he had 'no malicious intent' | CBC News
Even in Canada, even in 2018, governments are still prosecuting people for "hacking" when all they do is increment the number on the end of a URL.
security  overprosecution  law  via:HackerNews  hacking 
april 2018 by mcherm
1,300 people held for 4 years in Louisiana jails without a trial, sheriffs say | NOLA.com
Waits *in jail* of 4, even 5 years without a trial is not that unusual in Louisiana.
law  overprosecution  via:reddit 
april 2018 by mcherm
The teenager sentenced to 241 years in prison - BBC News
He was 16 when he spent a few hours committing some crimes (bad, but no lasting harm). He was sentenced until he is 112 yrs old. Even the judge who sentenced him regrets it.
prison  overprosecution 
march 2018 by mcherm
Man gets $75 after being wrongly imprisoned 31 years - CNN
The governor will not exonerate him so he is not eligible for compensation despite DNA evidence of his innocence.
law  overprosecution  prison  via:reddit 
february 2018 by mcherm
For Cops Handing Out Bogus Pedestrian Tickets, Ignorance Of The Law Is The Most Profitable Excuse | Techdirt
It's not illegal to cross the street in Florida (except near a light). But about 3/4 of all tickets given are invalid. Police know folks will pay instead of showing up for court. They also use bad tickets as probable cause for a stop, and issue them disproportionately to people of the wrong race.
police  policeabuse  overprosecution  racism  techdirt  via:Techdirt  law 
january 2018 by mcherm
FBI Celebrates Taking Down A 'Terrorist' Who Told Undercover Agents He Couldn't Go Through With An Attack | Techdirt
Another "terrorist" who never did anything. This one told the FBI agents he couldn't do it before they arrested him.
terrorism  overprosecution  police  techdirt  via:Techdirt 
december 2017 by mcherm
Court to Police: Nope, Sometimes “Fleeing” Is Just Jogging | Lowering the Bar
He was out jogging. The police chased him, then threatened to shoot him. He surrendered to the first uniformed officer he encountered. They arrested him for "resisting or delaying an officer" and threw him out of police academy. Court says "he was just jogging".
police  policeabuse  overprosecution  via:LoweringTheBar 
december 2017 by mcherm
Trial Set To Start For Journalist Facing Decades In Prison For Covering Inauguration Day Protests | Techdirt
Journalist being prosecuted for "rioting" and "destruction of property", for having been present as a journalist and reporting on the events near a protest that turned violent.
journalism  freespeech  law  overprosecution  techdirt  via:Techdirt 
november 2017 by mcherm
New Orleans District Attorney Leon Cannizzaro Breaks the Law to Enforce It. We’re Holding Him Accountable. | ACLU of Louisiana
According to this side of the story, the New Orleans DA abuses his powers, creates fake documents, and prosecutes witnesses who will not change their story to what he asks them to say.
law  overprosecution 
november 2017 by mcherm
How We Misunderstand Mass Incarceration | The New Yorker
This article makes the claim that the true source of mass incarceration in the US is overprosecution.
prison  overprosecution  via:reddit 
september 2017 by mcherm
Innocence Is Irrelevant in the Age of the Plea Bargain - The Atlantic
A review of how plea bargaining has changed our legal system in unintended ways.
via:reddit  overprosecution  law 
august 2017 by mcherm
Airman convicted of federal crime for being 6 minutes late to meeting | NJ.com
Really. The air force claims he's been booted out of the military and convicted of a federal crime because he wasn't released from his previous duty soon enough so he was 6 minutes late to a meeting.
overprosecution  via:LoweringTheBar 
august 2017 by mcherm
How the Government Is Turning Protesters Into Felons
Hundreds arrested and facing up to 10 years in jail for dressing a certain way and marching in a protest, on the grounds that a few individuals in the protest did property damage.
law  overprosecution  via:boingboing 
april 2017 by mcherm
Research Shows ATF's Bogus Stash House Stings Target Poor Minorities, Do Almost Nothing To Slow Flow Of Drugs And Guns | Techdirt
ATF recruits people into fake "conspiracies" then plea bargains with them to avoid court. Research seems to show they almost exclusively target racial minorities, although they deny this saying "we don't keep statistics on that so you just have to believe us".
overprosecution  police  racism  techdirt  via:Techdirt 
march 2017 by mcherm
Barrett Brown Sentenced To 63 Months In Jail For Daring To Do Journalism On Hacked Info | Techdirt
He wasn't even the whistleblower; he just published a link to it. Yet he got > 5 years in prison for it.
whistleblower  law  overprosecution  techdirt  via:Techdirt  journalism 
february 2017 by mcherm
N.C. just prosecuted a teenage couple for making child porn — of themselves - The Washington Post
Both teens were prosecuted for making porn of themselves. Oh, and they were both charged as adults for exploiting minors (themselves). They plead guilty to a misdemeanor.
overprosecution  sexoffenders  via:reddit  kidsrights 
january 2017 by mcherm
Stepdad Goes To Police With Stepdaughter's Sexts, Asks Them To Intervene, Is Prosecuted For Child Porn | Techdirt
Australian father convicted as sex offender for asking school and police to help him address his daughter's sexting with her boyfriend.
overprosecution  law  sexoffenders  zerotolerance  stupid  techdirt  via:Techdirt 
october 2016 by mcherm
Amy Goodman Is Facing Prison for Reporting on the Dakota Access Pipeline. That Should Scare Us All. | The Nation
For reporting on a protest, she is being charged with rioting. That is abuse of prosecutor discretion.
law  overprosecution  journalism 
october 2016 by mcherm
Cheerleader faces expulsion after picking up beer cup at Jags...
This is what's known as prosecutorial discretion. If a teenager happens to touch a cup containing beer she should be prosecuted.
law  overprosecution  via:reddit 
september 2016 by mcherm
Everything Wrong With How Our Justice System Treats Poor People, In One Awful Case — ThinkProgress
Court rules that if you sell your house and declare bankruptcy that's enough and the state should quit hounding you to pay for the cost of your son's prison stay.
BlackLivesMatter  Ferguson  via:boingboing  law  prison  overprosecution 
august 2016 by mcherm
Charged with murder, but they didn’t kill anyone—police did | Feature | Chicago Reader
IL law says if you are involved in a crime and the police kill someone you can be convicted of murder, and this is misused regularly while the cops who kill get commendations.
law  justice  BlackLivesMatter  Ferguson  overprosecution 
august 2016 by mcherm
FBI raids dental software researcher who discovered private patient data on public server | The Daily Dot
Perhaps this is just one side of the story, but it appears that a security researcher used the best possible methods for responsibly reporting that a medical software company was not securing customer data and as a result the FBI arrested him and may prosecute.
security  whistleblower  overprosecution  via:HackerNews 
may 2016 by mcherm
Legal bills mount as Ferguson stands by 'failure-to-comply' cases | Law and order | stltoday.com
In Ferguson, they are prosecuting people for "failure to comply" even though in most of these cases it isn't a crime. This article demonstrates that the prosecutor is out of control (eg: pressing cases where there is no witness, on the grounds that you can infer there was a crime because the person was arrested), and of course there are absolutely no checks and balances on prosecutors.
Ferguson  police  policeabuse  law  overprosecution 
may 2016 by mcherm
16-year-old who distributed his teacher’s nude pics faces felony charges | Ars Technica
Teens, naked pictures, and teachers... how could this story NOT attract a "throw the book at everyone to do as much harm as possible" approach from authorities?
overprosecution  ArsTechnica  via:ArsTechnica 
march 2016 by mcherm
Crime and Punishment - The Criminal Lawyer - Commentary on Law and Policy
This is more insightful than most anything else I have read at understanding WHY the US is imprisoning so many people these days and also at suggesting what to do about it.
prison  law  via:NathanielBurney  overprosecution 
october 2015 by mcherm
Mom charged with abandonment said kids were never out of sight
Both the police and child protective services are pursuing a case against a mother for sitting 30 feet away from her kids while conducting a job interview.
via:FreeRangeKids  freerangekids  law  overprosecution  policeabuse  police 
july 2015 by mcherm
Panel Revives Suit in Arrest For Substitute Pill Container | New York Law Journal
Arrested for having pills in a pill organizer. (But the court held that it was not an appropriate arrest.)
overprosecution  policeabuse  personal_net  law 
july 2015 by mcherm
She Skipped School And Couldn't Pay Her Fines — So Texas Sent Her To Jail - BuzzFeed News
Sent to jail for missing school. (Hint: there's no school in adult jail.) But what do you expect? It's Texas.
kidsrights  law  overprosecution  via:cato 
july 2015 by mcherm
DoJ's Gag Order On Reason Has Been Lifted — But The Real Story Is More Outrageous Than We Thought | Popehat
The description here of prosecutor's unbridled power and how that gets abused is poignant and clear.
overprosecution  law  via:popehat  censorship 
july 2015 by mcherm
How Government Stifled Reason's Free Speech - Hit & Run : Reason.com
Reason.com, was given a subpoena and then a gag order forbidding them from discussing the existence of the subpoena (or the gag order). This is not a fair way to run a legal system.
secrecy  law  overprosecution  via:popehat  anonymity  freespeech 
july 2015 by mcherm
Detroiter, SVSU student facing felony waited to pull over in brightly lit area | MLive.com
Man drives slowly to well-lit place before pulling over. Is being prosecuted for it.
law  overprosecution  police  via:boingboing 
july 2015 by mcherm
MasterCard cuts ties with Backpage.com after pressure from law enforcement - The Washington Post
I get worried when law enforcement starts throwing their weight around to destroy some company without the need for pesky things like laws or trials. Doing it by pressuring a private company doesn't make it much better.
banking  payments  law  overprosecution  via:reddit 
july 2015 by mcherm
U.S. Government: Lasers are Evil - Lowering the Bar
The official position of the US government is that lasers are inherently evil.
overprosecution  law  via:LoweringTheBar 
july 2015 by mcherm
19 y.o. Has Sex w/ Girl Who Says She’s 17. Really 14. Now He Sits in Jail, a “Sex Offender” | Free Range Kids
Prosecutor can ruin the life of a young man who was lied to by someone about her age. Even over her objections. Even with no indication that he did anything objectively "wrong".
overprosecution  law  sexoffenders  pedophile  via:FreeRangeKids 
june 2015 by mcherm
Department Of Justice Uses Grand Jury Subpoena To Identify Anonymous Commenters on a Silk Road Post at Reason.com | Popehat
Prosecutors can AND HAVE used the grand jury subpoena to unmask anonymous speech even when it is clearly protected first amendment speech. Of course, they use it at their discretion. This is too much power.
overprosecution  via:popehat  KenWhite 
june 2015 by mcherm
According To The Government, Clearing Your Browser History Is A Felony | Techdirt
People the government doesn't like have ACTUALLY been prosecuted for clearing their browser history. That is unfair: laws like this allows the government to imprison anyone that a prosecutor dislikes.
overprosecution  law  techdirt  via:Techdirt  rights 
june 2015 by mcherm
America Desperately Needs to Fix Its Overcriminalization Problem | National Review Online
This article adds nothing new but it points out that there is a rising tide of discussion about the problems of overcriminalisation and perhaps society will sit up and take notice.
overprosecution  personal_net  via:reddit 
june 2015 by mcherm
The School District That Arrests Kids For 'Crimes' Like Throwing Candy
This article says that in a particular Louisiana parish police are being used to arrest the black kids in school for whatever charges they can invent, like assault for throwing a skittles candy on the bus.
police  kidsrights  overprosecution  via:LoweringTheBar 
may 2015 by mcherm
Are there viable solutions for prosecutorial misconduct? | a public defender
Some (lukewarm, unlikely to pass but) realistic proposals to reign in prosecutorial misconduct and abuse.
overprosecution  law 
march 2015 by mcherm
Hold prosecutors accountable to restore faith in the justice system | a public defender
When prosecutors behave illegally or abusively, they are almost never held to account. Here is a large list of incidents.
overprosecution  law  personal_net 
march 2015 by mcherm
Dad Accused of “Child Abuse” After Toddler Sneaks Outside | Free Range Kids
A case where (although we only hear one side of the story) the DA greatly oversteps the bounds of reasonableness to persecute a man for no apparent reason.
overprosecution  via:FreeRangeKids 
march 2015 by mcherm
Hacker Claims Feds Hit Him With 44 Felonies When He Refused to Be an FBI Spy | WIRED
He claims (but has no proof) that the FBI asked him to help them spy on people. What is clear is that prosecutors charged him with 44 felonies, nearly all bogus. He wound up taking a plea deal.
law  overprosecution  via:HackerNews  wired  hacking 
february 2015 by mcherm
Man in Jail for Possession Since November Freed When ‘Drugs’ Turn Out to be Vitamins | Alternet
He sat in jail from November to February because he couldn't afford bail. Turns out it was vitamins (like he said) not illegal drugs. They didn't prosecute. Actually, this one turned out fairly close to "fair", except for the high bail.
overprosecution  via:boingboing 
february 2015 by mcherm
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