Recent Blog Posts
U.S. Supreme Court Rules on Warrantless Search of a Vehicle Parked in a Driveway
The Fourth Amendment to the United States Constitution guarantees citizens the right to be free from "unreasonable searches and seizures." The operative word in that phrase, however, is "unreasonable." Over the last 240 years, courts at every level have attempted to define what constitutes an unreasonable search or seizure in a variety of situations. Earlier this year, the U.S. Supreme Court was presented with two conflicting interpretations of the Fourth Amendment—one as it applies to a person’s home and the other as it applies to a person’s vehicle.
Collins v. Virginia
The case originated in Albemarle County, Virginia in June 2013 where a rider on a distinctive orange and black motorcycle fled and eluded police at high rates of speed twice in the period of several weeks. The police used found the person they believed to be in possession of the motorcycle and that the motorcycle was likely to have been stolen. Using social media, the police were able to link the suspected owner/rider to an orange and black motorcycle. Social media also allowed police to find an address for the suspect.
What You Should Know About Dangers at Amusement Parks
Summertime is just about here, which means that people of all ages will soon be planning trips to amusement parks and water parks. While some prefer the tranquility of a miniature train ride or a relaxing soaking pool, others seek the adrenaline rush that comes from the simulated danger on roller coasters and other thrill rides. Unfortunately, not all of the dangers are simulated, and thousands of people are injured at amusement parks every year.
No Federal Oversight
Forty years ago, the Consumer Product Safety Commission was responsible for the regulation of mobile carnivals—such as county fairs—and fixed-site amusement parks. During the 1980’s, however, federal lawmakers decided that state and local governments should regulate the fixed-site parks in their respective jurisdiction. Federal regulators still oversee mobile carnivals, but there is no national standard for permanent parks.
Study Highlights Myths About Sex Offenders and Effectiveness of Registries
In 2015, the Connecticut General Assembly directed the state’s Sentencing Commission to conduct an in-depth examination of Connecticut’s policies regarding the “assessment, management, treatment, and sentencing of sex offenders.” The two-year study concluded near the end of 2017. As a result of its findings, the Connecticut Sentencing Commission officially recommended a shift from offense-based registration as a sex offender to a system based on the risk an offender poses to the community at large.
The recommendation was formalized as House Bill 5578 in the most recent session of the General Assembly, but the measure never made it past the Judiciary Committee. Lawmakers, however, say that the proposal may have merits, but the discussion is better suited for the longer legislative session next year.
Among the study’s most important findings was the idea that the current laws and guidelines regarding sex offender registration are largely based on decades-old assumptions that have been proven questionable or demonstrably false. According to the Sentencing Commission, three primary myths persist.
Sides Reach $1.1 Million Settlement over Fatal Hit-and-Run Crash
When a person lends their vehicle to another person, they assume a level of responsibility for ensuring that the driver is capable of safely operating the vehicle. Accidents, of course, will still happen from time to time, and not every crash will result in liability on the part of the vehicle owner. In certain situations, however, an owner may be held liable if he or she knew or should have known that the person borrowing the car would present a risk to others on the road. Such was the point of a lawsuit filed in Hartford Superior Court last year that recently settled for $1.1 million.
Hit-and-Run Rollover Crash
In October 2016, a 42-year-old Colchester man was driving north on Interstate 91 near Windsor Locks when his pickup truck was rear-ended by a Volkswagen SUV driven by a 34-year-old old woman from Newington. The man lost control of his truck, which hit a guardrail and flipped over, killing the driver instantly, reports indicate. The woman in the Volkswagen reportedly fled the scene, but she was apprehended by police in a store parking lot a short time later.
Teens More Likely Than Adults to Plead Guilty to Crimes They Did Not Commit
When you think about a person being convicted on criminal charges, do you picture a courtroom where a judge reads the verdict reached by the jury? While such scenarios do occur, they are much less common than the average person realizes. In fact, more than 90 percent of all criminal convictions—as high as 97 percent in federal court—are reached by plea bargain.
A plea bargain, in most cases, is a deal reached between prosecutors and the accused where the accused pleads guilty to a charge—often one that is lesser than the charges originally filed—in exchange for leniency during sentencing. A criminal suspect is under no legal obligation to accept a plea bargain. This means, however, that at least nine out of ten convictions are the direct result of decisions made by those accused of committing crimes rather than by a judge or jury.
Plea Bargains Sometimes Make Sense
In some situations, a plea bargain truly represents a suspect’s best option. For example, the suspect may have committed the crime in question, and there may be sufficient evidence to obtain a conviction. Prosecutors may offer a plea bargain based on the suspect’s history and request the suspect’s cooperation in closing the case quickly. Prosecuting a criminal suspect takes time, money, and effort by a large number of people, so a guilty plea in a clear-cut case is usually in everyone’s best interest.
Connecticut Supreme Court Hears Controversial Hit-and-Run Case
Any hit-and-run accident can be devastating. When a driver who causes a crash flees the scene, it can be particularly difficult to find them so that they can be held accountable for their actions. Sometimes, however, finding the driver is only part of the story, as there may be other parties who contributed to causing the accident, possibly including officers of the law. In fact, the Connecticut Supreme Court recently took up a case in which an injured victim claims that a municipal police officer failed in his duties, which subsequently allowed a serious hit-and-run accident to occur.
A Complicated Story
As with most cases that reach the Supreme Court, the case in question involves a complex chain of events, beginning with a domestic disturbance call in November 2006. According to court documents, an East Haven police officer responded to the call at an East Haven McDonald’s where a couple was arguing inside a work van. The license plates on the van were registered to a different vehicle, and the officer could not confirm a valid driver’s license for either of the van’s occupants. After settling the couple down, the officer took the driver home and instructed him to leave the van at the McDonald’s.
Connecticut Lawmakers Consider Opioid Courts
According to the National Institute on Drug abuse, 115 individuals die in the United States every day as the result of an opioid overdose. The issue has become serious enough in recent years to earn its description as a national epidemic crisis. Not all opioids are illegal, and in fact, many cases of abuse begin with a legal prescription for pain relievers like OxyContin. Patients can quickly become addicted and when the legal supply dries up, they often turn to illegal substitutes like heroin.
Lawmakers around the country have been looking for constructive ways to deal with the opioid crisis. One idea involves the creation of “opioid courts” which are intended to help those who have been arrested for non-violent drug crimes related to opioids. Several such courts have been established around the country, and some Connecticut legislators want to look into creating one in this state.
A Proposed Study
Safety Tips for Motorcycle Riders as Spring Approaches
While unseasonably cool temperatures and winter-type weather may still affect Connecticut residents for a few more weeks, spring is on its way. As the temperatures start to come up, increased numbers of individuals and families will begin spending time outside. For motorcycle owners and enthusiasts in the Northeast, spring also marks the beginning of a new riding season. Rider safety groups and government safety officials in Connecticut and around the country encourage riders to protect themselves and to help keep roadways safe for other drivers. Every driver, pedestrian, and motorcycle rider has a responsibility to take reasonable steps to prevent motorcycle accidents and the injuries they cause.
Each year, thousands of motorcycle riders are killed on American roadways, and many thousands more are injured. The tragic reality is that a large number of these injuries and deaths could be prevented if riders follow a few simple safety guidelines:
Federal Judge Orders New Sentencing Hearing for Former Gang Member
Over the last few years, there has been much debate regarding efforts in Connecticut to rethink how young adults should be treated in the realm of criminal law. Courts have long held that a person who is 18 years old or older should be fully responsible for his or her actions. Defendants under the age of 18 are typically granted considerations based on the idea that a minor’s brain is not yet fully developed.
In Connecticut, specifically, Governor Dannel P. Malloy has championed the idea of creating a separate court system for young adults up to age 23. Such a system would take able to take into account a defendant’s development and other factors when determining sentencing and the prospect of rehabilitation. Late last month, a ruling by a federal judge in Connecticut gave additional credibility to the concept of a young adult justice system by ordering a new sentencing hearing for a man convicted of committing murder at the age of 18.
Growing Concern Over Safety at Trampoline Parks
Large trampolines can be found in the backyards of thousands of homes across the country—primarily in suburban areas. Straddling the line between sports equipment and toys, trampolines promise bouncy fun for children and adults alike, but they are not without their risks. In fact, a study from several years ago estimated that backyard trampoline accidents send more than 100,000 people to the emergency room every year.
Over the last few years, trampolines have headed inside, as indoor trampoline parks have become wildly popular. Franchise chains such as Launch, Sky Zone, Big Air, and Rebounderz have opened hundreds of locations nationwide and around the world. As their popularity grows, however, so does the danger of injury, and medical experts indicate that the number of trampoline park injuries has exploded by more than 1,000 percent in just a few short years.
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