felonies

Cincinnati man starts shooting at people, gets taken down by man with concealed carry permit

A good guy with a gun saves the day yet again.

From Fox19:

A 62-year-old man faces several charges after Cincinnati police say he fired at four people, including a 1-year-old boy.

Thomas McCary was then shot by one of the victims, who has a permit to carry a concealed license, Cincinnati police said.

He is held without bond at the Hamilton County jail on four counts of felonious assault. He faces a judge at 9 a.m. Monday.

According to police, McCary argued with a woman on Holland Drive about 7:30 p.m. Sunday night.

During the dispute, her brother, Patrick Ewing, walked over to see what was going on.

That’s when, police say, McCary pulled out a .38-caliber handgun and fired three shots at Ewing.

Ewing was not hit, but he had a gun on him and holds a permit to carry a concealed weapon. He drew his gun and fired three shots, striking McCary in the leg.

Read the Rest

If we want to keep people safe, we should stop encouraging people to be scared of the mere sight of guns and start encouraging people to own them (and learn to use them properly).

How different races are to go to prison.

The criminal justice system in America is racially skewed, and as incarceration rates continue to climb, studies have found that African-Americans are disproportionately affected to a significant extent.

This illustration from the Sentencing Project shows exactly how stark the racial disparity is in the U.S. justice system.

I am sick and tired of hearing bigoted racist always saying that blacks need to take responsibility, work harder, etc. when the truth is “NO MATTER WHAT A BLACK DOES POSITIVELY”. The problem is not the blacks but their own “White Superiority Attitude” asin the following fact:

Why is it a white man coming out of prison with a “FELONY RECORD” can get a job faster than a black man coming out of college with a degree? 

#Hate it!

#love and hate #loveandhate #Hate it! #Love it

wptz.com
Prison worker Joyce Mitchell pleads guilty to 2 charges related to inmate escape
By Brad Evans

WPTZ: A New York prison employee accused of helping two murderers break out by smuggling in tools has accepted a plea agreement at her arraignment. Joyce Mitchell pleaded guilty to promoting prison contraband, a felony, and facilitating criminal activity, a misdemeanor. She will be sentenced to between 2 1/3 and 7 years in prison. 

Follow updates at Breaking News.

This is an emergency AMBER ALERT!! My uncle’s girlfriend ran off July 22 around 7-7:30 Wednesday with my cousin. And have not been seen since. Said to have gone out of state to California, but most likely to Missouri, her dad live there. She has a C felony charge resulting in SBI. She’s with a man by the name of Jose or Josh, Her name is Amber Nicole Carter. She might use Lay as her last name. My family’s concern is for the 7yr old boy named Cody Lee Carter/Lay. This is Cody’s picture above. I’m hoping with all my friends here will see this. Amber abuses Cody daily, Mentally and physical. He’s not fed for days or bathed. Please, I’m asking for help for this lil boy. Amber had already killed one baby that was her brother’s gf she was carrying. The baby was buried in Missouri under Bruce Carter. They claimed it was a miscarriage, but the truth is that Amber and her brother Jason stepped on her stomach to make the miscarriage at 5 months. She got away with murder once. Amber has already tried to kill Cody once, they’ll try doing it again. PLEASE share this to get the word out. The guy and Amber made threats to shot Cody and anyone who tries to find them. Probably on their way to Cape Jerad, Missouri. SHARE!! SHARE!! SHARE!!

Three die in HPD custody in three weeks

HOUSTON He was charged with organized crime now a 17-year-old can add felony escape to his rap sheet. Jorge Mendez escaped from the Harris County Jail Sunday. According to Houston police Mendez was waiting to be booked when he pulled a Houdini; he wiggled his way out of his handcuffs and ran off. His [Read More]

Richard`s Parliament, for example, reformed the bail and jury systems, inter alia granting persons arrested on suspicion of felony the abilty to enjoy and not to have their possessions seized.
Bertram Fields, himself a lawyer, offers a view on some of these enduring protections:

“Richard`s Parliament …passed considerable sound and beneficial     legislation. One such act freed juries from intimidation and tampering. Another protected buyers of land from secret defects in title. Still another made bail available to persons accused of crimes…  For the first time, Parliament`s acts were published in English, so they could be understood by at least that part of the population that was literate, rather than being confined to churchmen, educated nobles and the few others who could read Latin.”

Other benefits specifically aimed at the humbler classeswere introduced outside of parliamentary legislation. One was the establishment of a formal arrangement similar to that originally inaugurated with his council in the north, whereby Richard made himself personally accessible to appeals on the part of those who had insufficient means to apply to the courts. This institution later developed into the Court of Requests, aiding poor litigants to gain access to the law.

— 

From: “Richard III: The Maligned King” by Annette Carson.

I don`t always agree with her, but this is a pretty great summary.

azcentral.com
County attorney says he will prosecute Shanesha Taylor for felonies

[For more on social justice, follow me on Instagram: soulrevision]

Despite public outcry, Maricopa County Attorney Bill Montgomery said Wednesday he will move forward with the felony child abuse prosecution of Shanesha Taylor, the jobless mom whose Scottsdale arrest has drawn national attention and prompted calls for Taylor to receive assistance rather than punishment. 

Attorney Bill Montgomery’s office received a petition on Tuesday with 12,000 signatures asking for Shanesha’s charges to be dropped. “First, they weren’t signatures; they were just a list of names,” Montgomery said, referring to a printout from the website. “So I don’t know whether any of the individuals in their pajamas who logged on to the site and put their name on there really had a clue of all the circumstances involved in this particular case.

Apparently signatures aren’t good enough, let’s call County Attorney Bill Montgomery’s office & tell him to drop the charges against Shanesha Taylor —> (602) 506-3411

youtube

who remembers this classic?! HOW MANY FELONIES?

LIL B FUN DOPE! PLUS COOL AND ENJOYABLE 

please dance and COOK along to this BANGER!!!

policymic.com
8 Ways We Regularly Commit Felonies Without Realizing It

3. You take a fake sick day.

Your best friend calls you on a Tuesday night and says he won two tickets to see your favorite baseball team play on Wednesday. The seats are incredible and you know this opportunity won’t come again any time soon, so you decide to call in sick to work on Wednesday morning. You figure that, after all, it’s something everyone does every now and then. You did not know, however, that you have just committed a “scheme or artifice to defraud” the company to their “intangible right to your "honest services” — arguably a federal crime.   

Real example: This statute was so vague that a few years ago, the Supreme Court ammended it to apply only to “bribes” or “kickbacks” that illegally influenced lawmakers. Regardless of Court’s re-writing, the Cato Institute’s attorney David Rittgers wrote, “little has changed” in how ambiguous the statute is. As Justice Scalia stated, it still criminalizes “a salaried employee’s phoning in sick to go to a ball game.”

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My Train

Follow my train of thought,
It is fast,
But a train it is not.
A train carries cargo,
And lets say cargo is memory.
My cargo is almost non-existent,
Like one or two suitcases.
And let’s say that on my train,
Suitcases are horrible situations I’ve encountered.
So, there’s five near death suitcases,
And two mini travel kits,
Travel kits of course being trips to jail.
So I guess I only have one mini travel kit,
And one major travel kit,
Complete with a nail file.
Nail files of course,
Represent felonies.
And then there’s two dead horses,
And the dead horses on my train,
Would be time spent on probation,
Because you can’t do anything on a dead horse. 

An Amendment That Deserves Your Support

Rep. Zoe Lofgren has introduced a bill to amend the CFAA, which is the law that federal prosecutors used to prosecute Aaron Swartz.  A PDF of the proposed legislation can be found here.  The amendment changes the language of the CFAA so that mere violation of a website’s terms of service can no longer be construed as a federal felony.  

That’s right.  Did you know that violating a website’s Terms of Service could make you a felon and subject you to up to 20 years in prison?  If you didn’t, don’t worry: you’re probably no different than most Americans.  That’s because the CFAA doesn’t actually state expressly that violating a website’s Terms of Service is a crime under the CFAA.  Here is the relevant language of one of the statutes in question:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.

And:

Whoever … knowingly and with intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and obtains anything of value … shall be punished … [with fines or imprisonment up to 20 years depending on the specific provision violated…]

Federal prosecutors used these incredibly broad statutes to charge Aaron Swartz with 13 felonies for doing no more than breaching a website’s Terms of Service—or rather, breaching a contractual agreement.

To give you an idea of how absurd this is, consider the following: when you agree to a website’s Terms of Service, you are entering into a contract.  Breach of Contract is traditionally a civil wrong, meaning that you can be held liable for economic damages, but not for criminal penalties.  Even Fraud is traditionally a tort: it is a civil wrong that makes you economically liable to the injured party, but does not subject you to criminal penalties.  

Federal prosecutors used the overbroad language of the CFAA to turn a civil wrong into a federal felony.  What should have been a private right of action was turned into a serious federal criminal offense by federal prosecutors with an ax to grind.  Indeed, the Ninth Circuit Court of Appeals, in a 9-2 en banc opinion, decided in April of last year that Federal prosecutors should not be using the anti-hacking provisions of the CFAA to prosecute what amounts to a civil wrong:

In the case of the CFAA, the broadest provision is subsection 1030(a)(2)©, which makes it a crime to exceed authorized access of a computer connected to the Internet without any culpable intent. Were we to adopt the government’s proposed interpretation, millions of unsuspecting individuals would find that they are engaging in criminal conduct. 

Unfortunately, the Ninth Circuit’s ruling is only binding within their West-coast jurisdiction, and thus was not applicable to Aaron Swartz’ prosecution.

How is it possible for prosecutors to use such vastly broad interpretations of federal law to charge people with crimes?  There are various reasons for this, but several prominent factors come to mind.  In a recent HuffPo article, Radley Balko discussed the vast power that is now wielded by American prosecutors.  Balko notes that prosecutors derive much of their power from two chief sources: the ever-expanding number of criminal provisions that overpopulate the nation’s law books, and the deterioration of traditional legal protections that protected criminal defendants at trial—namely, the ancient requirement that a person intend to commit a criminal act in order to be found guilty:

There has also been a trend over the last 20 years or so toward laws that don’t require prosecutors to show criminal intent. This means you can be prosecuted for crimes you had no idea you were breaking – even laws you actively tried not to break. A 2010 study co-authored by the National Association of Criminal Defense Lawyers and the Heritage Foundation found that in its rush to criminalize more and more behavior, Congress has been passing poorly-drafted laws that increasingly lack any requirement at all to show intent. Even when intent is included, the study found, it tends to be vague and open to interpretation (which also means open to abuse) by prosecutors.

This all means that, as a practical matter, “If a prosecutor has it out for you, he can probably find a law he can plausibly argue you’ve broken.”

Balko is not the first one to describe this problem.  On previous occasions, I’ve noted the Judge Posner’s remarks from a 1998 case in which he observed the increasingly obscure complexity of the federal criminal code:

The federal criminal code contains thousands of separate prohibitions, many ridiculously obscure, such as the one against using the coat of arms of Switzerland in advertising, or using “Johnny Horizon” as a trade name without the authorization of the Department of the Interior…

The problem was also discussed by civil rights lawyer Harvey Silvergate, who noted in his 2010 book that federal criminal statutes have become so vague and obscure that the average person arguably commits three felonies a day without even realizing it.

Lofgren’s bill is an urgently needed amendment that will prevent federal prosecutors from using the CFAA to convert a civil wrong into a serious criminal act.  Prosecutors have a lot of power, but at the end of the day, they must still abide by the law.  This bill is a small chip in the massive marble column that is the federal criminal code, and I urge you to support it.

My Real Name is.

My real name is unpredictable change, Tomorrow my name will be where the wind takes me, On weekends my name is Jack and Jim, At home I’m known as I hope she’s okay, The judge knows me as walking felonies, My parents know me as no one. They wonder where their little girl went, My new name is Crystal Meth.