Criminal Law

/Criminal Law
14 Jan, 2011

A Rat Bites an Inmate’s Penis and other Prisoner News for the Week

2019-03-18T18:48:07-05:00January 14th, 2011|Tags: , , , , |

This is the first of many posts covering a legal issue that is very important to me, to 2 million of its members, and to many more millions of the members’ families: prisoner news. A former inmate at the Nassau County Correctional Center in Long Island, New York, filed a law suit [...]

6 Dec, 2010

Worst Opening of a Legal Brief Ever

2019-03-18T18:48:11-05:00December 6th, 2010|Tags: , , , , |

Since I spend the majority of my days either writing legal briefs or reviewing those of others, I have seen my share of poorly drafted briefs. But after reading the Montana Supreme Court opinion in Montana v. Belanus, I do not believe I have ever spotted a worse example of how to open a brief. Let me give you a little background. The facts in Belanus are not for the faint-hearted. It involves an admittedly brutal beating and an alleged rape. It also involves a serious legal question on whether the Belanus was entitled to the intoxication defense: because defendant was intoxicated on alcohol and drugs should he be held responsible for hi

3 Nov, 2010

Imprisoned For Consuming Poppy-Seed Bagel

2019-03-18T18:48:12-05:00November 3rd, 2010|Tags: , , , , , |

Far too often those in the criminal justice system offer the same mantra: “our job is to rehabilitate people.” But far too often that claim is simply untrue. Take, for example, the case of Nicole Defontes, which was highlighted in the Daily Business News two weeks ago. Ms. Defontes was sentenced to four and half years in prison for her participation in a cocaine deal with her former boyfriend. Upon entering prison, Defontes made a commitment to rehabilitation—she graduated from both high school and college while in prison and qualified for a Bureau of Prisons drug rehabilitation program that allowed to her to receive a year off her prison sentence, only if she met strict requirements. Once Defontes was relocated from prison to a federal half-way house, she was hired at a West Palm Beach drug and alcohol counseling center, and quickly rose from “laundry detail to an administrative position.” By all accounts, Defontes was leading a productive law abiding life and meeting the obligations imposed upon her through supervision at the half-way house.