Does completion of a Pre-Trial Intervention program legally prevent a retrial on the same facts
Double Jeopardy, and no I don’t mean the daily double on the game show “Jeopardy!”, is a fundamental right enshrined in the U.S. Constitution. The Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . […]
Read MorePhillip Howard on Criminal Justice reform – wait – what
Phillip K. Howard noted commentator on Civil Justice reform gave a TED Talk on the topic: Is the Law making us less free? While his reforms are aimed at civil justice reform, they may be more appropriate for criminal justice reform. He suggests giving Judges who feel trapped by the law the ability to use their […]
Read MoreFully Informed Jury Association – As a Juror do you know your rights and your power
Do you know what rights and powers you have as a juror? The Fully Informed Jury Association has a webpage and handbooks explaining the overriding power of jurors over courts, prosecutors, and the government. As Thomas Jefferson once said in a letter to Thomas Paine, ” The trial by jury is the only device yet imagined by […]
Read MoreParker v State – guilt by machine wins again
Parker v. State, A13A2100, March 13, 2014. Jason Brent Parker was charged with DUI per se for having an illegal breath alcohol level. He applied for a certificate of materiality under the Uniform Act to Secure the Attendance of Witnesses from Without the State to obtain the source code for the Intoxiliyzer 5000 or Georgia’s […]
Read MoreDid you know that all memories are fabricated?
Technology Entertainment Design Talks are otherwise known as T.E.D. Talks discuss the nature of memories in Memory Games. It turns out that memories are not real and all memories are actually fabricated. Memories are a dynamic conglomeration of experience, suggestion, discussion, and reflection fused together over multiple episodes of recollection. This is why memory is so […]
Read MoreDrunk Tank Pink: Does your lawyer know why word choice is critical in the courtroom.
In Drunk Tank Pink, Adam Alter explains why word choice really matters in the Courtroom. A research group was questioned regarding a video of a car wreck using different terms to describe the accident. Respondents who were asked what happened after the cars “smashed” together estimated higher speeds and more damage while respondents who were asked what happened […]
Read MoreThe Real Cost of DUI: Insurance Premiums
Every aspect of a DUI is costly except the most pivotal part: the drinks. A night out with friends that ends in DUI can cost upward of $7000.00 to $10,000. A big chunk of that cost is insurance premiums. Foxbusiness.com breaks down how auto-insurance companies treat DUI convictions. After a DUI most states require that your insurance […]
Read MoreGame Changer: Do the Internet and Social Media Deter or Encourage DUI?
In Pittsburgh, PA, local police departments are concerned that social media is undermining DUI enforcement. According to police, “as soon as they set up a DUI checkpoint, people begin warning others on Twitter and Facebook of the exact location,” which requires them to relocate. This tactic brings to mind the constitutional constraints on roadblocks City of Indianapolis […]
Read MoreThe Intoxilyzer 9000 to Replace the 5000 as Georgia’s State Breath Test – But is it Any Better?
It’s official, the Intoxilyzer 9000 has been approved by the Georgia Bureau of Investigation to supersede the Intoxilyzer 5000 as the Georgia state-administered breath test machine. The GBI conducted an exhaustive study comparing the Intoxilyzer 9000, the Evidenzer 240, and the Datamaster DMT based on specifications, user reviews, cost/benefit analysis, and many other criteria, but most importantly […]
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