A plan to stop misconduct

January 5, 2012
I posted my proposal on my DWIDude.com blog today of a new law that will bring prosecutorial misconduct to a near stop.  I expect there will be those who think the law goes too far, and those that think the law does not go far enough.  I have tried, however, to strike a balance between letting prosecutor's do their job, and stopping the kinds of tactics and outright violations of the law we are seeing nearly every week across Texas and the nation.
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Prosecutor Misconduct

January 4, 2012
Today's blog post will be short.  I want to draw attention to the series of blog postings I am writing on the DWI Dude site .  Prosecutor misconduct is a growing trend nationwide.  There is even an online poll posted where you can vote for your pick for the worse prosecutor of the year .  Unfortunately, changing the environment where prosecutors feel safe violating the rights of the accused is a difficult task that will require the actions of thousands of people.  There is no simple one-shot solution to this epidemic.
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Video Vigilantes

January 3, 2012
There is a growing trend of video vigilantes exposing illegal activities by police officers.  Some of these videographers go out and look for cops doing something illegal - such as parking or driving violations  - and document them.  Others tempt police officer to break the law and video the results.  Still others simply turn the video cameras on when they are stopped or approached by the police.  I want to differentiate here between actively videotaping police in public, and using police videos to defend yourself against criminal charges .
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Furtive Movements

December 30, 2011
The New York Times recently ran an article about the number of people stopped and frisked by the police each year in New York.  There are over 600,000 stop and frisks every year.  Over half of those are based on furtive movements.  A furtive movement is basically any movement that the officer believes shows the suspect is trying to hide something illegal.  Furtive movement interpretation is necessarily subjective, and most judges will defer to the officer on the street when...
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Jury Nullification

December 23, 2011
I recently saw a video that I want to share with you all about a case in Montana that is raising some eyebrows.  A young man was arrested for possession of 1//16th an ounce of marijuana.  For those that don't know, the speaker in the video says that is "barely enough to roll a joint."  Nonetheless, the police arrested him and he demanded his right to trial by jury.  But, that's where the story gets interesting.
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Drugged Driving

December 21, 2011
One common misperception about drunk driving is the belief that you have to be drunk - you don't.  In fact, you can be arrested and prosecuted for drunk driving even if you haven't taken a sip of alcohol.  The current trend in drunk driving enforcement is drugged driving - and it doesn't have to be illegal drugs either. The field of DWI law continues to grow as more money is dumped into the DWI enforcement system by federal and state agencies, and by the collection...
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Gateway is a Slippery Slope

December 20, 2011
Rep. Barney Frank took on conservatives on ABC's This Week on Sunday by challenging the notion of the slippery-slope argument that has been made about marijuana as a gateway drug for the past thirty years.  Rep. Frank - who has introduced legislation to decriminalize marijuana possession at the federal level - argues that it is not the government's job to limit the personal liberties of adults.  “I mean, personal liberty, if someone wants to smoke marijuana who’s...
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The Wiki Leaks Effect on Juries

December 16, 2011
I watched a video parody of a MasterCard style commercial for Wiki Leaks the other day.  It got me thinking about the imbalance of the information flow that exists in our country today and in the world as well.  First, I will acknowledge that Wiki Leaks is a difficult subject to discuss for many reasons.  Some people think they betrayed the United States by divulging classified information.  Some think they are Patriots that have exposed corrupt governments around the world. ...
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Paid to Point

December 14, 2011
All of the lame-brained ideas I’ve read about to fight the war on drugs - and there have been quite a few - none are as outright stupid and irresponsible as the one being promoted by Johnson County, KY Sheriff Dwayne Price .  Sheriff Price is encouraging private citizens to come to his office, get wired up, and go out and ask to buy drugs from suspected drug dealers.  In return he is offering a $100 reward.  This idea is bad policy for many, many reasons.
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Parenting and Pot

December 2, 2011
  Parenting and Pot by Karli Duran     Talking to your children about marijuana is necessary.  Some parents are embarrassed, think their children are too young, or just don’t know what to say.  Try the truth.  If you are a marijuana smoker, and you suspect your child or teenager knows, it is time to talk to them about the pros and cons of marijuana use.  It is also important to stress to your child that until they...
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