Archives : 2011 : December

1. Man Who Accosted Thief May Face Manslaughter Charges

   Dec 29, 2011 —

   In theory, law enforcement personnel are supposed to help prevent crimes from taking place. But in reality, most police work involves responding to reports of criminal activity and then arresting the offenders. As a result, the burden of crime prevention often falls on ordinary citizens. One man tried to stop a criminal from committing theft. … [More]

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2. Washington Criminal Caselaw Update – State v. Hayes (December 2011) – Confrontation Clause

   Dec 26, 2011 —

   In State v. Hayes Division I of the Court of Appeals rules on a messy bar room brawl involving two men fighting over a woman.  The woman gets involved and gets hurt.  The boyfriend, Mr. Hayes, ends up charged and convicted of Assault 2, a class B felony.  The appellate court upholds all portions of … [More]

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3. The Ramifications of the DOJ Report on SPD’s Use of Force

   Dec 20, 2011 —

   People in Seattle are still talking about the report issued last week by the Department of Justice about the Seattle Police Department. The DOJ’s findings of its investigation into SPD practices revealed what the feds called a pattern and practice of inappropriate use of force by many SPD officers. Now that we’ve had time for … [More]

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4. U.S. Department of Justice: SPD Has Problems With Excessive Force

   Dec 16, 2011 —

   For those of you who thought that members of the Seattle Police Department were too quick to use force or too heavy-handed when applying physical force, there are people in the U.S. Justice Department who agree with you. This morning, the DOJ released a scathing report which alleges that SPD has engaged in an unconstitutional … [More]

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5. Washington Criminal Caselaw Update 2011 – State v. Pannell (December )

   Dec 13, 2011 —

   The term community custody is defined as any sentencing arrangement where a criminal is permitted to live in the community (with restrictions) as opposed to being incarcerated. This sentencing option is often utilized for offenders who are deemed less of a threat to society and/or to reduce jail or prison overcrowding. But does an offender … [More]

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6. Sixth Amendment Conflict – Can an Accused Rapist Question the Alleged Victim in Court?

   Dec 6, 2011 —

   The criminal justice system can be divided into two categories: the rights of the accused and the rights of the victims. Our legal process tries to balance the constitutional rights of those accused of a crime with the duty to protect the well-being of and obtain justice for crime victims. For example, the judicial process … [More]

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7. Medical Marijuana – Initiative 502

   Dec 1, 2011 —

   We’re now into the final month of 2011. In addition to holiday shopping and end-of-year financial preparations, this December is also the last opportunity for you to express your support for a proposal which would effectively decriminalize marijuana in Washington. Initiative 502 is a proposed measure which would allow certain quantities of marijuana to be … [More]

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8. Washington Criminal Caselaw Update – State v. Walker (November 2011) -Prosecutorial Misconduct

   Dec 1, 2011 —

   Prosecutorial Misconduct – the criminal defense attorneys best and not often recognized friend.  Many of us defense attorneys wander the halls of justice from trial to trial watching judges and prosecutors send people away for years at a time in what seems like a well rehearsed dance.  Cynical? Yes.  The constant defeat of defense arguments … [More]

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