Posted on February 05,2016 in Criminal Defense

Although efforts have been made to decrease the police-related racial disparities, new information indicates they are still present. In fact, according to the Associated Press, preliminary data indicates that officers fired stun guns at blacks and Hispanics suspects at a rate higher than white suspects last year. Officers are warning citizens not to be overly alarmed at the information because differences between departments and cities can make it difficult to compare percentages, but experts say they are still concerned.

Stun Gun Risks

For the most part, stun guns cause only minor injuries, including the need for removal of the prongs that deliver the shock. However, Amnesty International reports that at least 540 people in the United States have died after being shocked by a stun gun between the years 2001 and 2012. In Connecticut, 17 people have died since 2005, and 12 of them were minorities, the American Civil Liberties Union of Connecticut now says. So, while this is, overall, a very small percentage, the information does indicate a very real risk of stun gun death, particularly among minorities.  

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 Posted on January 29,2016 in Hate Crimes

Hate crimes are largely considered those perpetrated against certain groups or individuals, motivated by the victim's religion, race, or sexual orientation. Indeed, the most widely-publicized incidents labeled as hate crimes are those in which a person is distinctly vocal about his or her disdain for a certain group of people and its beliefs, creeds, or private activities. Yet hate crimes can also be perpetrated against groups of people with disabilities, whether they are primarily physical. mental, or emotional in nature. In fact, studies show that people with learning disabilities are more vulnerable than others to experience bullying, harassment or to be victims of hate crime. In 2007, for example, 79 of the total hate crimes reported nationwide were committed against people with disabilities, a marked increase from the 44 hate crimes against people with disabilities that were reported in 2003.

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 Posted on January 15,2016 in Criminal Defense

Older than America itself (significantly older, really), the death penalty has always been largely supported by U.S. citizens. However, there is evidence that suggests that the tides may be shifting. In fact, if recent changes to state laws and a poll conducted by Gallup and the Pew Research Center are any indication, capital punishment may eventually become a thing of the past.

Support for the Death Penalty at Nearly a 40-Year Low

Support for the death penalty in the United States reached its peak in the 1980s and ‘90s. It now sits somewhere between 56 and 61 percent, according to the 2015 study. While still considered to be the majority, this number marks a steady and continuous decline since the peak period. And, according to the Washington-based Death Penalty Information Center, this number also places support for the death penalty at nearly a 40-year low.

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 Posted on January 08,2016 in Juvenile Crimes

It is illegal to purchase alcohol or handgun until the age of 21. Congressional seats are unobtainable until the age of 25, as are most discounts on car insurance. Even rental cars have added restrictions for those under the age of 25. And yet, all throughout the country, children as young as 14 are tried and convicted as adults. Even in Connecticut, where the age of eligibility is quite progressive, most young adults are pushed out of the juvenile system the moment they turn 18.

Seems a little contradictory, does it not?

Interestingly enough, there are lawmakers and legislatures that actually agree; Governor Dannel Malloy is one of them. In fact, he recently proposed that Connecticut divert its youth from the adult correctional facility by raising its age of eligibility to 20, and that the state come up with alternative methods for handing non-violent offenders under the age of 25. As it turns out, there may be a number of benefits in doing so.

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 Posted on December 28,2015 in Assault and Battery

The idea that alcohol and violent assault are linked is nothing new. In fact, sometimes alcohol is blamed for incidents of assault in which it was not present, or did not play a contributing role. This is sometimes the case, for example, in the event of domestic violence: Assault is blamed on the effects of alcohol, rather than a deep-seated issue within the partner him or herself. In fact, there are several studies that call alcohol the most common “date rape drug,” because while a person may decide to drink, if she consumes more than was planning or more than she can handle, the chance of unwanted sexual assault or contact can increase. Yet the rate of assault of a non-sexual nature seems to be linked to alcohol as well. This is due in part to the commonly-known side effect of alcohol to make a person more violent and less able to control his or her emotions.

A large number of convicted offenders admit to having been under the influence of alcohol when he or she committed the crime. Out of more than 5 million convicted offenders who were recently surveyed, nearly 2 million (more than 35 percent) report having been drinking or drunk when the crime was committed. An example of this is the common bar fight. While bar fights may have been romanticized throughout history (think Old West saloons), assaulting someone at a bar while drinking can have very serious consequences that may go on a person’s permanent record.

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 Posted on December 18,2015 in Driving Under the Influence

The holiday season is a busy time, with families getting together, going out to dinner after a long day of shopping, and spending time with friends at the local pub, restaurant, or bar. Police officers are busier, too, stopping drivers they believe may be intoxicated. In fact, it appears they are putting some extra manpower into catching more DUI drivers this holiday season.

Thanksgiving Marked Beginning of Efforts

For officers, the arrests begin Thanksgiving Day and continue on through the New Year; this year was no exception. According to a press release from the State Police, they made nine DUI arrests, as well as another 393 for speeding on the very first day of the effort. They also issued 56 tickets for seatbelt violations and another 894 tickets for moving violations that included unsafe lane changes, following too closely, using cell phone while driving, texting, and failure to signal.

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 Posted on December 13,2015 in Hate Crimes

The incidents of several different types of crime rises during the holiday season, likely due to increased stress levels, demands for money, and pervasive societal stress and expectations. Sadly, hate crimes are no exception to these trends. The rate of hate crimes spikes during the holidays both likely due to the aforementioned social quandaries, but also because of the holidays themselves—hate crimes against the Jewish community especially seem to spike during the holiday season, and this even more-so on the East Coast, where cities are comprised of large percentages of citizens who identify with the Jewish faith. In 2015, as terrorist attacks continue to infiltrate the fabric of everyday Western life, the rate of hate crimes against Muslims will likely keep pace as well.

More Than Faith-Based

Regardless, the highest rate of hate crime incident continues to be racially-motivated, at 47 percent nationwide. Hate crimes motivated by religious identification or sexual orientation are tied at second, each accounting for nearly 19 percent of all reported incidents of hate crimes. In Connecticut, a hate crime does not have to be defined as an act of physical violence or physical action. A hate crime can also be defined as a crime of intimidation, which includes criminal harassment or being threatened. A person can be charged with criminal harassment if the alleged victim can prove that he or she was being repeatedly followed, that the person repeatedly called the person’s place of work or home (either directly or through contacting a mutual acquaintance), or if a person receives threatening letters or emails.

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 Posted on December 04,2015 in Sex Crimes

For years, states have been tightening the registry for sex offenders, and this includes juvenile sex offenders. But, as more evidence comes in, some states are starting to rethink how they handle their juvenile cases. Unfortunately, the changes are slow in coming, and this can mean some big issues for some juvenile offenders, even in the state of Connecticut, where juveniles are not typically registered.

The Truth about Juvenile Sex Offenders

Early information and thinking on juvenile sex offenders had been originally based on what was known about adult offenders. Over time, it has become clear that juvenile offenders and adult offenders are very different. For example, juvenile offenders are far less likely to reoffend than adults, especially if they receive quality treatment and intervention. In fact, some studies have found recidivism rates to be as low as one percent among juvenile offenders.

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 Posted on November 27,2015 in Assault and Battery

In the wake of several headline-making events this year involving police brutality and allegations of systemic issues of bias by police departments, the issue of assaults perpetrated against police have somewhat taken a backseat in media coverage. This does not mean that they are not still happening, or that the issue is not a major one for most police departments across the country. In 2014, more than 48,000 police officers nationwide were assaulted, and of these more than 28 percent sustained injuries. This is a rate of officer assaults of nine per 100 sworn police officers.

Dangerous Interactions

The majority of assaults against police are perpetrated when a person is out of control, either on drugs or drunk or angry. This can happen in a heated emotional or tense situation when the police are called to handle someone who is posing a danger to himself or people around him. When the situation escalates to violence, police officers are sometimes caught in the middle and assaulted, either accidentally or on purpose. Whether the assault against an officer was intended or not does not matter in the eyes of the law.

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 Posted on November 20,2015 in Hate Crimes

When one is accused or charged with a hate crime, in many cases, it becomes a case handled by the Bureau of Federal Investigation (FBI). Hate crimes can vary in severity, meaning that any crime from murder to petty vandalism can be considered as such.

What is a Hate Crime?

Any crime committed with an element of bias, against a person or a property associated with a race, religion, disability, ethnic origin, or sexual orientation can be considered a hate crime. To hate someone or a group of people is not, by any means, a crime, and is protected by the freedom of speech and other civil liberties laid out in the Bill of Rights. Yet when crime is motivated by this hate, it becomes a serious crime and, in many cases, felony. While not all hate crimes will be considered a federal offense and thus investigated by the FBI, very often the federal government does divert federal resources for the investigation and prosecution of hate crimes.

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