What crimes are punished using the death penalty?

States generally reserve used of the death penalty for the most severe crimes, although the specific crimes vary from state to state.  Those crimes can include but may not be limited to the highest degree of murder, treason, use of a weapon of mass destruction, terrorism, spying, aggravated kidnapping, and aggravated rape.

What states permit use of the death penalty?

Of the 50 states, 32 of them legally support the death penalty.  However, a number of those states perform very few or no executions in any given year.

Texas is the most prolific state at carrying out the death penalty, having executed almost 500 individuals since 1976.  On average, just under 50 individuals are executed in the United States each year.

Although Illinois legally supports use of the death penalty, all inmates on death row as of 2003 had their sentences changed to life in prison by the then governor of Illinois.  The reason for this change was because several inmates sentenced to death were later found to be not guilty of their crimes.

What methods are used to carry out the death penalty?

When the death penalty was established originally, the means to carry out the execution was dictated by the technology available at the time, that being hanging or firing squad.  In the late 1800s, the electric chair was invented and adopted as the primary means of carrying out the death penalty.

For approximately 100 years, the electric chair remained the primary means of conducting an execution.  In the late 1900s, lethal injection became the primary means of carrying out the death penalty.

Lethal injection remains the primary method today, although the methods available vary by state.

What defenses are available against crimes punishable by the death penalty?

As there are a variety of crimes punishable by the death penalty, there is no single answer as to how to avoid being found guilty of such a crime.  The defense against a given crime would depend on the circumstances of that crime.

The key points consistent in application of the death penalty are:

• The person must be deemed mental fit in order to receive the death penalty.  If a person is considered to be mentally retarded, the person typically will receive life in prison as opposed to being executed.
• The person must be at least 18 years of age, meaning that minors cannot be executed for any crime.

How can I obtain legal assistance?

If you have been charged with a capital crime that could possibly carry a sentence of the death penalty or believe you may have committed a crime punishable by execution, you need to immediately seek help from a criminal defense attorney.  An attorney can provide the best possible defense against the charges levied against you.

You can obtain help from an attorney by calling the phone number at the top of this web site.  Remember that anything you tell your attorney is protected by attorney-client privileged, meaning the conversation is confidential and cannot be shared with anyone else by your attorney.

Therefore, you have every reason to make the call and get the help you need today.

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In February 2013, 2,226 illegal immigrants were released from detention.  Of those released, over 600 have been identified who had criminal records.  Of those 600 plus individuals, 32 had more than one felony conviction.

The Obama administration and officials with the agency, also known as ICE, claimed previously that the release of inmates was deemed low risk but necessary because of budget constraints.  The sequester that kicked in in February left ICE with the funding to house 34,000 illegal immigrants in detention, a level ICE was above before the release.

The risk related to those released was in theory minimized because those detainees without a criminal history were in theory prioritized for release.

“As ICE made clear yesterday, the agency released these low-risk, non-criminal detainees under a less expensive form of monitoring to ensure detention levels stayed within ICE’s overall budget,” White House Press Secretary Jay Carney noted at the time of the release of the inmates in late February.

But the claim as to risk was brought into question by the large number of inmates released with criminal records.

After the administration realized the seriousness of the crimes of some of those released, 24 of the 32 with felony convictions have been re-apprehended.  The remaining eight with felony convictions received ankle tracking bracelets.  The hundreds of others with lesser convictions remain free, many without any form of monitoring.

One of the felons had convictions included robbery, prostitution, and lewd conduct.  Another had convictions for driving under the influence, harassment, and criminal property damage.  A third had a rap sheet including gun possession, drug possession, burglary, vandalism, and trespassing.

Senators John McCain of Arizona and Carl Levin of Michigan called for those with the Department of Homeland Security who are responsible for the release to be punished.

“ICE’s reprehensible actions put Arizona at risk by setting free into our communities hundreds of detainees who were guilty of criminal offenses,” McCain noted.  “The ICE officials responsible for this must face disciplinary action and must take all actions necessary to ensure that this never happens again.”

Along with the release of the statistics today, ICE officials continued to downplay the danger posed by the illegal immigrants.  In addition, the ICE officials indicated they made the decision to release the detainees without consulting the White House or the Department of Homeland Security.

“These decisions were made on a case-by-case basis, by career law enforcement officials in the field, in order to ensure that ICE maintained sufficient resources to detain serious criminal offenders and other individuals who pose a significant threat to public safety through the end of the continuing resolution,” ICE noted in a general statement.  ICE noted that over 1,500 of those released had no known criminal convictions.

However, the statement from ICE did not specifically address why hundreds with criminal records and more than 30 with felony convictions were released if those being released were truly prioritized based on the level of risk they posed to society.

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The shooting took place in a modest neighborhood of the 7th Ward, which is located a couple of miles from the French Quarter.  Those living in the neighborhood are generally low- or middle-income families.

Reports from witnesses and police officers working security and crowd control along the parade route noted three suspects fleeing the area on foot after the shooting.  Surveillance video of the shooting captured images of at least one of the assailants.  Although the grainy nature of the footage made it difficult to identify the suspect, he was wearing a white t-shirt and dark pants or blue jeans.

Authorities have not released information on the number of shots fired, although police had marked off at least 10 locations where bullet casings were identified.  The shooting left 19 injured.  While there were no fatalities from the shooting, at least three of those wounds were considered serious.

As of Monday afternoon, authorities had not made any arrests in the shooting.  Authorities are hoping witness descriptions and images from the surveillance video will be enough for someone who knows the suspect to come forward with the identity of the shooter.

New Orleans Mayor Mitch Landrieu, speaking from a news conference Sunday night at the area hospital where victims were receiving treatment, likewise asked witnesses and those viewing surveillance footage to come forward with any additional information or leads.

“These kinds of incidents will not go unanswered.  Somebody knows something.  The way to stop this violence is for you all to help,” Landrieu said.

The victims included 10 men, 7 women, and 2 children, a boy and a girl both age 10.  Bullets grazed the two children and their wounds were not considered serious.

Police have noted their desire to identify and arrest those responsible quickly.  Authorities have not yet released a motive for the shooting and it remained unclear if the shooting was targeted at specific individuals attending or participating in the parade or if it was completely random.

The parade was what is known as a second-line parade, which is a loose procession of individuals and bands walking and dancing down the street, as opposed to a more traditional parade with floats.

According to the FBI, the shooting may be an escalation of recent street violence in New Orleans.  Shootings at similar parades and neighborhood-level celebrations have risen recently, including a recent shooting in the French Quarter just before Mardi Gras that left four people injured.  The suspects believed to be responsible for that shooting were arrested.

Leonard Temple, who attended the parade but did not witnesses the shooting, was at the hospital Sunday night to support a friend who was undergoing surgery.  Temple’s friend was struck three times in the shooting.

“People were just hanging out.  We were just chilling.  And this happened.  Bad things always happen to good people,” noted Temple.

Temple’s friend was wounded while trying to protect his daughter from the gunfire.

Police noted that a reward of $10,000 has been posted for information leading to the arrest and indictment of those responsible.

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Police have arrested three brothers whose names have not been released.  The only details given were that one of the brothers, age 52, lived at the home, and the other two brothers, ages 50 and 54, lived elsewhere.

The charges that will be filed against the brothers have not been released.  Police indicated they will provide more information about the brothers and the case in a news conference on Tuesday.

The three women were identified as Amanda Berry, Georgina “Gina” DeJesus, and Michelle Knight.  All three were presumed dead.  Although all three appeared to be in good health, they were taken to a nearby hospital for evaluation and to be reunited with their relatives.

“We’re assessing their needs, and the appropriate specialists are evaluating them as well,” said Dr. Gerald Maloney, a physician at Metro Health Center where the women were being treated.  Dr. Maloney declined to provide any specific details about their conditions.

Authorities also found a 6-year-old girl in the home.  It is unknown at this time if she is another victim or how she is related to the brothers.

The women escaped when a neighbor, Charles Ramsey, heard a woman screaming.

“I heard screaming,” Ramsey said.  ”I’m eating my McDonald’s.  I come outside.  I see this girl going nuts trying to get out of a house.”

Ramsey indicated Berry was trying to get the door of the home open so she could leave, but it would open only a few inches.

Another neighbor, Anna Tejada, 50, was on the porch of her home across the street when they heard the screaming and kicking as Berry attempted to open the door.

As Tejada, Ramsey, and others began to speak to the woman, it became apparent who she was.

Initially, Tejada did not believe who she was.  “You’re not Amanda Berry,” Tejada insisted.  ”Amanda Berry is dead.”

But the woman insisted she was Berry and had been held captive since she was kidnapped, they provided her a phone, which she used to call 911.  When police arrived, they helped rescue the other two women from the home.

The call came into the 911 dispatcher at 5:51 pm.  “Help me, I’m Amanda Berry… I’ve been kidnapped and I’ve been missing for 10 years.  And I’m here, I’m free now,” Berry is heard saying on the call.

Berry had been missing since April 21, 2003, when she was only 16 years old.  Berry’s last contact with anyone came in the form of a phone call to her sister, in which she said she was getting a ride home from her job at a Burger King.

Approximately a year later in April 2004, DeJesus disappeared while walking home from school.  She was only 14 years old at the time of her disappearance.

Knight disappeared in 2002 when she was 21 years old.

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This article is about the different types of curfew laws and the penalties they carry.

What are curfew laws?

As noted above, a curfew law is a law generally set at the state or city level that limits when people can be outside or businesses can be open.  Curfew laws are generally enforced based on specific circumstances and life events as follows.

Curfew Laws for Minors

The most common curfew laws are applied to minors, which are generally considered to be those under the age of 18.  The thinking behind these laws is that during certain hours of the day, there is generally no good or valuable reason to society as a whole for minors to be outside of the home.  And typically, when minors are outside the home during these hours, it results in various crimes such a disturbance of the peace, underage drinking, and the like.

Although the hours vary for curfew laws related to minors, these laws typically begin between 10:00 pm and 12:00 am and end around 6:00 am.

Curfew Laws for Emergencies

The second common type of curfew laws are those declared for some form of emergency.  These are typically related to a natural disaster, such as a hurricane or earthquake.  During these times, emergency response units such as police, firemen, and ambulance services are already taxed to their limit dealing with the aftermath of the disaster.

Curfews for emergencies typically apply to all individuals, not just minors.  The goal of a curfew during an emergency situation is to limit additional crimes such as looting or to prevent people from becoming ensnared in dangerous situations, such as flood waters that are more difficult to see when it is dark.  As such, curfews for emergencies typically run from dusk to dawn.

Curfew Laws for Businesses

Curfew laws related to businesses are the least common, generally being established only in certain parts of large metropolitan areas for certain types of businesses where crowds typically gather.  These businesses may include bars, liquor stores, and other locations.

Curfew laws for businesses are usually enacted during times of high crime sprees in a given area.

What are the penalties for violating curfew laws?

The penalties for violating curfew laws varies according to the type of law and the number of times it has been violated.

For curfew laws for minors, the first violation is typically met with a relatively minor penalty, potentially including attending educational workshops, performing community service, and paying a fine generally not exceeding a few hundred dollars.

Repeated violations of a curfew law for minors or the violation of a curfew law related to an emergency situation may be met with stiffer penalties, including jail time.

How can I obtain legal assistance?

If you have been charged with violating a curfew law, you need help from an attorney.  You can speak with a criminal defense attorney by calling the phone number located at the top of this page to provide your basic information.  A criminal defense attorney who knows the curfew laws of your jurisdiction will contact you to answer your initial questions and to understand your situation.

The initial conversion with an attorney is free of charge and does not obligate you to anything further.  Therefore, if you are facing a legal situation, please make the call and get the help you need today.

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The suspects were identified as Dias Kadyrbayev, Azamat Tazhayakova, and Roel Phillipos.  All three of the suspects were 19 years old and were friends of Dzhokhar Tsarnaev from the University of Massachusetts-Dartmouth.  Kadyrbayev and Tazhayakova were both natives of Kazakhstan.

Kadyrbayev and Tazhayakova were charged with conspiring to dispose of evidence and Phillipos was charged with making materially false statements to federal law enforcement agents.

According to the FBI affidavit, the three friends went to Tsarnaev’s dorm room after learning on April 18 that Tsarnaev was wanted in the bombing.  April 18 is when investigators first aired surveillance footage that showed Tsarnaev’s face.

When the three friends arrived at Tsarnaev’s dorm, they observed a backpack full of hollowed out fireworks that had been emptied of gunpowder.  It is believed that the gunpowder from the fireworks was used in the pressure cooker bombs made by Tsarnaev and his older brother Tamerlan.

The three suspects proceeded to remove the backpack containing the fireworks, as well as a laptop and containers of Vaseline, from Tsarnaev’s dorm room.

“Kadyrbayev knew when he saw the empty fireworks that Tsarnaev was involved in the marathon bombing,” the affidavit reads.  ”Kadyrbayev decided to remove the backpack from the room in order to help his friend Tsarnaev avoid trouble.”

Hours after the surveillance footage aired on April 18, Phillipos telephone Kadyrbayev to tell him that he suspected Tsarnaev was responsible for the bombing.

Kadyrbayev proceeded to send a text message to Tsarnaev telling him he resembled the men wanted for the Marathon bombing.  Tsarnaev replied indicating Kadyrbayev should not send any more text messages to him and that Kadyrbayev was welcome to take anything he wanted from his dorm room.

Hours after the exchange of text messages, Tsarnaev and Tamerlan were involved in a shootout with police that resulted in Tamerlan dying in the early morning hours of April 19.

The FBI affidavit indicates authorities had a series of interviews with the three suspects, which finally resulted in Phillipos confessing on April 26 that the three of them took the items from Tsarnaev’s dorm room.

Kadyrbayev’s attorney Robert Stahl has issued a statement contradicting the interview from Phillipos, indicating that Kadyrbayev was not involved in the removal of items from Tsarnaev’s dorm room and that Kadyrbayev has cooperated with investigators fully.

“He is just as shocked and horrified by the violence that took place in Boston as the rest of the community is,” Stahl indicated.  “He did not have anything to do with it.”

The charges against Kadyrbayev and Tazhayakova carry a maximum sentence of five years in prison and a fine not to exceed $250,000.  The charges against Phillipos carry a maximum sentence of eight years in prison and a fine not to exceed $250,000.

Both Kadyrbayev and Tazhayakova are expected to plead not guilty to the charges.  The Consulate for Kazakhstan in New York is assisting both men with obtain legal representation.  Yerlan Kubashev, a member of the Consulate, indicated both men are “shocked at the bombings” and “they express sorrow to the bombing victims and their families.”

Visit www.criminaldefensehome.com/ for the original content posted here, Three Additional Suspects Arrested Related to Boston Marathon Bombing

James Everett Dutschke, 41, of Tupelo, Mississippi, was arrested on Saturday morning after investigators initially arrested the wrong man earlier in the week, Paul Kevin Curtis.  Investigators had searched Dutschke’s home, business, and automobile earlier in the week as they sought to identify the person or person’s responsible for the letters.

The rick-laced letters in question were mailed on April 8 to the three targets.  In addition to the letter sent to President Obama, Dutschke is accused of having mailed letters containing ricin to Mississippi County Judge Sadie Holland who had tried Dutschke, as well as United States Senator Roger Wicker.

The official charge against Dutschke was “knowingly developing, producing, stockpiling, transferring, acquiring, retaining, and possessing a biological agent, toxin, and delivery system, for use as a weapon, to wit: ricin.”  United States Attorney Felicia Adams and Daniel McMullen, the FBI agent overseeing the investigation on the ground in Mississippi, released the charges in an official statement.

If convicted on the rick-related charges, Dutschke faces a possible sentence of life in prison.

Dutschke’s attorney Lori Nail Basham provided no comment related to Dutschke’s arrest.  Earlier in the week, Basham indicated her client was not responsible for mailing the letters but was fully cooperating with officials in their investigation.

Dutschke had already spent time in a Mississippi courtroom in April, as earlie in the month he pled not guilty on two counts of child molestation charges related to three girls under the age of 16.  He had also been charged with indecent exposure, a charge he was appealing.

Dutschke had no comment concerning the other cases.

Curtis, 45, was the initial man accused of mailing the letters and he was arrested on April 17.  Charges against Curtis were dropped six days after his arrest at the time Dutschke was arrested.

Curtis insisted throughout the ordeal that he had been framed for the crime.

Dutschke was found to have ties to Curtis, Judge Holland, and Senator Wicker.

As investigators searched his home earlier in the week before his arrest, Dutschke told the Associated Press that he doesn’t “know how much more of this I can take…. I’m a patriotic American.  I don’t have any grudges against anybody…  I did not send the letters.”

Curtis’ attorney, Christi McCoy, commented after her client’s release on Saturday.  “We are relieved but also saddened.  This crime is nothing short of diabolical.  I have seen a lot of meanness in the past two decades, but this stops me in my tracks.”

The letters included language similar to comments made by Curtis on his Facebook page, as well as a similar signoff stating “I am KC and I approve this message.”

Dutschke and Curtis had a relationship before the investigation began.  The pair had discussed publishing a book on conspiracy theories concerning the black market sale of human body parts.  But the relationship ended in a falling out.

Investigators’ found no evidence of ricin when they searched Curtis’ home.  In response to Curtis’ attorneys insisting that he was set up, the FBI requested a list of names of people who may have reason to hurt Curtis.  Dutschke’s named was included on that list.

Both men also know Judge Holland and Senator Wicker from previous legal matters.

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What is a terrorist threat?

A terrorist threat, which may also be referred to as a criminal threat, is the threat to carry out violence or harm to individuals with the intention of instilling fear or creating a public panic.  While a terrorist threat can be against a single person, it is commonly targeted at a group of people, a public location where numerous people may gather, or a building where a targeted entity resides or has some form of presence.

What factors must be present to constitute a terrorist threat?

The main factors on if a given action may be considered a terrorist threat relate to the intent of the actions in question.  A terrorist threat is when a person threatens to injure or harm others and the threat:

1. Results in the person or group of people fearing for their safety
2. Is specific in nature of its intent, that you are planning to cause harm or create panic
3. Is clearly communicated to the intended target

Examples of a terrorist threat can include but may not be limited to the following:

• Calling in a bomb threat to a football stadium
• Mailing a letter to a church indicating you plan to burn the facility
• Telling an individual you will harm his or her family
• Informing an abortion clinic you are going to kill their physicians
• Telling your former boss after he fires you that he better watch his back on his way to the parking lot after work

A terrorist threat can be made in writing, either through a letter or electronic communication (such as email), by a phone call, or in person.

What are the penalties for a terrorist threat?

A terrorist threat can be charged as either a misdemeanor or a felony depending on the circumstances of the threat.  The specific penalties for a terrorist threat vary by state, and there are also laws related to terrorist threats at the federal level.

If you are convicted of a terrorist threat as a misdemeanor,  you may serve up to one year behind bars, generally in a county jail.

If you are convicted of a terrorist threat as a felony, know that such a crime is not one that is sentenced lightly.  You will likely receive a sentence of multiple years or potentially even life in prison.

How can I obtain legal assistance?

If you have been arrested on charges of making a terrorist threat, you need to speak with a criminal defense attorney.  You should call the phone number at the top of this web site to provide your information.  A criminal defense attorney who knows the law of your state will get in touch with you to understand the details of your case.

Everything you tell your attorney is confidential, which means he cannot tell anyone else.  And the first conversation with an attorney is free of charge and does not obligate you to anything further, so you have every reason to make the call today to get the help you need.

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The shootout also left a police officer from the Massachusetts Institute of Technology dead.

Police believe the two men are brothers from a European nation who have been living in the United States for the past year.  Police have identified the man who is still at large as Dzhokhar Tsarnaev, 19, of Cambridge, Massachusetts.

Federal agents indicated investigation into the background of the two men is still ongoing but they may have received military training.

On Thursday, authorities released photos and videos of the two suspects who were wanted in the bombing.  Hours later a member of the MIT police responded to a disturbance at around 10:30 pm.  He was shot multiple times by what turned out to be the two bombing suspects.  The officer later died at an area hospital.

The two suspects proceeded to rob a convenience store and carjack a vehicle.  The victim of the carjacking escaped and is unharmed.

The suspects used the stolen vehicle to lead police on a chase into Waterton, exchanging gunfire with the officers while hurling explosives out of the car window at pursuing officers.

A spokesman from the state police, David Procopio, told reporters, “The incident in Watertown did involve what we believe to be explosive devices possibly, potentially, being used against the police officers.”

One of the suspects was wounded during the chase.  The second suspect escaped and is still at large.

It appears the wounded suspect, who may have been the man in the black hat identified in the marathon surveillance footage, was transported to Beth Israel Deaconess Medical Center in Boston.  The man was treated for gunshot wounds and possible injuries from an explosive blast.  He later died from his injuries.

An office with the MBTA transit police was also wounded during the pursuit with the suspects.  The office was transported to a local hospital where he remains in serious condition.

It is unclear at this time if the suspects were forced out of hiding because they were identified from the photos and surveillance video or if the suspects initiated the attack on the police office simply as a means to cause further loss of life.

A statement from Boston Police Commissioner Ed Davis released the news that one of the two suspects had been killed while the second suspect, Dzhokhar, remained at large.  Commissioner Davis indicated the remaining suspect should be considered armed and dangerous.

Authorities have shut down mass transportation in the area where the pursuit is taking place.  Residents of Watertown, Newton, Waltham, Belmont, Cambridge, and Allston-Brighton were urged to stay indoors until further notice.

“We believe this to be a terrorist,” Davis noted in a press conference.  ”We believe this to be a man who’s come here to kill people.  We need to get him in custody.”

Police released an updated photo of the remaining suspect, which was taken from a surveillance camera at a 7-Eleven located in Cambridge.

Visit www.criminaldefensehome.com/ for the original content posted here, One Bombing Suspect Dead, Second At Large in Overnight Manhunt

The explosions took place 13 seconds apart, just before 3:00 pm local time and approximately 4 hours after the start of the race.  Of the approximately 23,000 people who started the race, estimates indicate roughly 6,000 people were still on the course when the bombs went off.  An emergency plan was executed for those runners still on the course in which they were diverted from the planned finish line to a family meeting area.

According to authorities, the explosions were approximately 100 yards apart.  After the initial explosions, authorities disabled cellular networks in the area in the event cell phones were being used to detonate the devices.  In addition, the Federal Aviation Administration closed a seven-mile area around the attack to low-flying aircraft.

In the minutes after the initial two explosions, authorities found two other explosive devices near the finish line.  Members of the bomb squad successfully detonated those devices in controlled explosions without incident.  Authorities continued to search hundreds of bags and packages left along the race route when spectators fled after the initial blasts, but no additional explosive devices were found.

Initial reports indicated another bomb had gone off at the John F. Kennedy library several miles from the finish line.  However, the incident turned out to be a fire in a mechanical room of the building and was deemed unrelated to the attack.

Shrapnel from the explosions caused the majority of the injuries, including many minor cuts, burns, and bruises.  Injuries also include ruptured eardrums and approximately 10 individuals with severed limbs.  Of those injured, 17 remain in critical condition.

President Barak Obama addressed the nation in the hours after the explosion, saying that those responsible will “feel the full weight of justice.”  An official from the White House indicated they were treating the attack as a terrorist attack.

“We still don’t know who did this or why,” Obama added.  ”Make no mistake: We will get to the bottom of this.”  A spokesperson for the FBI indicated they are investigating hundreds of leads

A motive for the attack is not known, nor has any group claimed responsibility for the explosions.  Although police indicated a person of interest was questioned at one of eight area hospitals where the injured were treated, no suspects were in custody.  The person of interest was seriously injured by one of the explosions.

However, Massachusetts State Police confirmed they executed a search warrant related to the attacks for an apartment in the Boston suburb of Revere.  The apartment is that of the person of interest who was questioned.  Further details about the search were not released, although authorities were observed leaving the apartment with paper and plastic bags containing concealed materials.

Police around the nation and the world have stepped up security in light of the attacks.  The city of London has a special measure of focus on security measures as the London Marathon is slated for Sunday.

Visit www.criminaldefensehome.com/ for the original content posted here, Explosions at Finish Line of Boston Marathon Leave Three Dead, Dozens Inured