Recent Blog Posts
When Can Criminal Courts Be Safely Reopened in Connecticut?
The entire country has seen changes like never before due to the worldwide COVID-19 pandemic. Nearly every aspect of life has been affected by this public health crisis - even the criminal justice system. Across the country, court systems have been operating with the bare minimum staff in only a handful of open courthouses. However, even with a resurgence of COVID-19 cases, some municipalities are planning to or have already begun to reopen. The state of Connecticut is one such municipality that has begun to reopen courthouses.
Barriers to Reopening
Reopening courthouses in the midst of a pandemic pose a challenge for the criminal justice system. COVID-19 is a virus that is mainly spread through respiratory droplets that are produced when you talk, sneeze, and cough. Being in close contact with people, which is closer than six feet apart from another person, increases the chances of transmitting the COVID-19 virus. In criminal matters, close contact with other people is often unavoidable. The accused are often subject to pre-trial detention in close quarters. Judges, lawyers, jury members, and other court staff, in addition to the accused, are subject to confined rooms with poor ventilation for most of the day, during which many people speak for extended periods of time.
Can I Face Charges for Owning a Taser or Stun Gun in Connecticut?
In recent weeks, tensions have been escalating in the United States between the country’s police force and its citizens, specifically among minority groups. There has always been a backlash against the tactics used by police, with many stating that the weapons and procedures used are too harsh and acts of brutality are too often aimed toward minorities and people of color. A recent instance where an Atlanta police officer fatally shot a black man, Rayshard Brooks, after the man grabbed a taser from the officer has reignited public concern over tasers and stun guns and their effectiveness as law enforcement tools.
In Connecticut, stun guns and tasers are referred to as electronic defense weapons and are actually classified as "dangerous weapons." This also means that they are subject to certain rules and restrictions, as well as Connecticut residents who choose to own them. Similar to gun regulations, permits are required for anyone seeking to legally own a taser or stun gun. Anyone who does not comply with the state’s dangerous weapons laws faces criminal charges and consequences.
Does Marijuana Legalization Increase or Reduce Crime?
Since the 1990s, many states across the country have legalized marijuana for medical use, but it was not until just a few years ago that recreational marijuana was legalized. In 2012, Colorado and Washington state became the first two states to legalize the recreational sale, possession, and use of recreational marijuana. Since then, there have been nine other states that have legalized recreational marijuana; however, it still remains illegal on the federal level. One of the biggest oppositions to fully legalizing marijuana is the fear that legalization will increase crime. However, just the opposite is one of the reasons people want to legalize it; they think it will reduce crime.
Studies Show Crime Rates Are Either Unaffected or Decreased
According to the Reason Foundation, studies have been conducted in various states that have legalized recreational marijuana to determine what effect, if any, the legalization has had on the crime rate. In Washington state, the number of adults over the age of 21 who were arrested for marijuana possession fell by 98 percent, while the number of those under the age of 21 convicted of possession fell by 50 percent. In Colorado, the number of cases of illegal marijuana cultivation, distribution, and possession fell by 85 percent. Other states such as Alaska and Oregon have seen similar situations.
Is the Criminal Justice System Racist?
Racism is not an issue that is new to our country - this has been a very problematic issue in the United States for the entirety of the country’s 244-year existence. Even before the country was established, the slave trade was alive and well. By 1865, however, slavery was abolished by the 13th Amendment to the Constitution and made owning a human being illegal. The Civil Rights Movement of the 1960s brought about the next biggest racial change in the country - segregation was ended. Now, in recent years, we have seen a new movement emerging, one that was ignited by multiple unjustified killings of black men by police officers. This new movement has been dubbed the Black Lives Matter (BLM) movement and is a call for racial equality, especially within our criminal justice system.
Understanding Systemic Racism
When you use the term systemic racism, people often incorrectly interpret that as meaning that all of the people involved in the criminal justice system are racist. In actuality, systemic racism refers to the policies and procedures that produce results that seem to disproportionately punish people of color more often than people who are white. Many of the elements contained within modern-day law enforcement were introduced and kept on permanently during the Jim Crow era.
When Can a Person Be Charged With Computer Crimes or Hacking in Connecticut?
During your daily routine, you come into contact with a wide variety of computers and electronic devices. These may include cell phones, smart appliances, AI digital assistants, vehicles, home security systems, and much more. Computers play a huge role in our daily lives, and they often contain secure and personal information that is meant to be private. To address privacy concerns and ensure that sensitive data remains secure, there are laws in place that protect this information and punish those who commit computer crimes, or "hacking." In Connecticut, computer crimes are addressed in the state’s criminal statutes, and there are a variety of actions and situations that could result in these types of charges.
What Constitutes Computer Crime?
According to the Connecticut criminal statute, there are five ways you can be charged with computer crime. Computer crime occurs when a person:
Can Nonessential Court Appearances Be Waived for Criminal Defendants?
The coronavirus pandemic has forced everyone to take a step back and make temporary changes to how things are run, but some Connecticut officials suggest looking into making more permanent changes to the system. One of the most simple changes that has been proposed is simply granting all criminal defendants the right to waive all nonessential court appearances, as long as they are represented by an attorney. The current Practice Book provides for modified procedures if a defendant waives his or her right to a court appearance, although it is not an option for all defendants at all times.
Reasons to Allow Court Appearances to Be Waived
Criminal court cases are notoriously long and complicated processes that can take months, if not years to complete. During the length of the case, the defendant is required to appear at each and every court date. However, that practice is rather repetitive because one of the purposes of a defendant’s arraignment is to determine if that person poses a flight risk. Other ways this requirement impedes the system include:
Can a Parent Be Charged With Kidnapping Their Own Child?
When you are a parent, your child’s health and well-being is always at the top of your list of concerns. You always want to be sure that your child is safe, but you cannot always be there for them, especially if you share your parenting time with your child’s other parent. Custodial disputes between parents do not always end with compliance. In some cases, a parent may try to flee with a child or keep the child from seeing their other parent. In these situations, that parent could be charged with parental kidnapping, which is called "custodial interference" in Connecticut.
Connecticut Custodial Interference Laws
While Connecticut laws do not specifically refer to parental kidnapping, there are, however, laws that are a bit more general, defining the offense of "custodial interference." There are two degrees of custodial interference under Connecticut law, and these offenses may apply to all relatives of a child who is under the age of 16, rather than just the parents. If neither parent has custody of a child or children, a parent cannot be charged with custodial interference unless the other parent seeks an expedited sole custody order, and this order is granted by the court.
How Has the COVID-19 Crisis Affected Connecticut Domestic Violence Cases?
Since late March, the state of Connecticut, much like the rest of the country, has been in lockdown. The state’s stay-at-home order has prevented certain non-essential businesses from conducting in-person operations, and people may only leave their homes to perform essential tasks. For some families, this order has kept them safe. However, for families where domestic violence is a concern, this order may not have had the same effect. Connecticut domestic violence activists are concerned that victims are unable to receive the services they need, and those who are seeking protection or who need to defend against accusations of domestic violence may face difficulties in having their cases heard in court.
Has the Pandemic Increased Domestic Violence Calls?
According to the president and CEO of the Connecticut Coalition Against Domestic Violence (CCADV), calls to police regarding domestic violence increased by around 52 percent in early April of this year when compared to a similar period of time in early March. However, some law enforcement reports show that family violence calls decreased in the first two weeks of April 2020 compared to the same time period in 2019. Municipal and state police reported that there were 495 family violence calls placed in the first half of April, compared to 519 calls placed during the same period in 2019.
How Will New Title IX Rules Affect Sexual Misconduct Cases in Schools?
In 1972, the federal government of the United States passed what is known as the Educational Amendments Act, and one of the key provisions of this act is Title IX. This Act was quintessential in changing the landscape surrounding sexual misconduct in higher education in America. Title IX is a law that protects students from being discriminated against based on their sex when they are involved in educational programs that receive federal funding. Recently, Education Secretary Betsy DeVos announced a few new rules that will be included in Title IX, and these could potentially affect cases involving allegations of sexual misconduct at colleges and universities.
What Is Title IX?
Title IX is known for prohibiting discrimination based on sex. Specifically, Title IX states that no student is permitted to, “be excluded from participation in, be denied the benefits of, or be subjected to discrimination…” solely based on their sex. Title IX applies to more than 16,500 local school districts and 7,000 colleges nationwide, in addition to various charter schools, libraries, and museums. Title IX is also known for prohibiting and punishing sexual harassment, which is considered a form of sex discrimination.
COVID-19 Travel Checkpoints Spark Concern About Rights and Violations
The number of COVID-19 cases in the United States is increasing by the day, and some states have started to take more serious measures to prevent the spread of the infection. A majority of the states in the country have some sort of quarantine or stay-at-home order that prohibits people from leaving their homes except for work or travel that is deemed “essential.” In an unprecedented development, some states have even begun to implement coronavirus checkpoints to screen travelers as they come in and out of the state. Those who are planning to travel should be sure to understand their rights and be aware of the potential criminal consequences they could face for a violation.
Checkpoints Intend to Stop Spread of Coronavirus
Some states are stopping all vehicles that have out-of-state license plates and requiring them and their passengers to sign a form promising that they will self-quarantine for 14 days. Rhode Island, Florida, and Texas are also requiring travelers to provide an address where they will quarantine and a warning that they could be subject to an unannounced follow-up visit from public health officials at any time. Those who violate the quarantine requirements could face fines or even criminal charges.
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