Other Criminal Offenses

Mitchell v. U.S.: Cruelty to Children is a General Intent Offense

April 16, 2013 Opinions/Cases

In Pennsylvania, the offense is known as endangering the welfare of a child.  In D.C., it is cruelty to children and, as the D.C. Court of Appeals pointed out recently in Mitchell v. United States, 64 A.3d 154 (D.C. 2013), you cannot read too much into the title of a criminal offense:  The title is […]

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Clip from Katie Couric Show on Military Sexual Assault

February 14, 2013 Current Events
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“The Sexual Assault Program In The Air Force Is A Joke”

November 2, 2012 Current Events

The New York Times ran a story this morning about the lawsuit filed last month alleging that the Air Force has turned a blind eye to pervasive sexual attacks and harassment. The article focuses on Jennifer Smith, an Air Force technical sergeant, who is one of more than 500 women who have contacted my wife since she […]

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In Re S.W.: Context is Critical When Proving Criminal Threat

July 8, 2012 Opinions/Cases

I have never been a fan of D.C.’s “threats to do bodily harm” statute. For one thing, it criminalizes behavior that is already covered under the assault statute.  After all, is there any real difference between threatening to hurt another person and intending to frighten someone?  For another, with almost identical language in both the […]

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Unauthorized Use of a Motor Vehicle: Applying the Notion of a “Grace Period”

February 25, 2012 Defenses to Criminal Charges

The judge doesn’t like my idea of a “grace period.”  In fact, he chuckles when I propose it:  “I have never seen any case law on that,” he says. I was not trying to be funny. My client has been charged with both unlawful entry and unauthorized use of a stolen car in which he […]

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“The Invisible War” To Compete At Sundance

December 6, 2011 Current Events

“The Invisible War,” a documentary by Kirby Dick on rape in the military, has been selected for competition at the Sundance Film Festival, January 19-29, 2012.  One of the most powerful lines in the movie is: “Military women are more likely to be raped by a fellow soldier than killed by enemy fire.”

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“A Surprisingly Good Day in Court” for Cioca v. Rumsfeld

November 21, 2011 Assault

Over at the Daily Beast, Jessie Ellison describes three signs that the military might finally be forced to  “confront its rape epidemic.”  First, Secretary of Defense Leon Panetta announced on Friday that he will issue “very direct guidance” in the coming months to reduce sexual assault in the military.  Second, a new bill introduced by […]

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How Criminal Charges Can Jeopardize a Security Clearance

September 16, 2011 Other Criminal Offenses

Of all the collateral consequences of a criminal arrest or conviction, one of the issues of greatest concern in the DC/Maryland/Northern Virginia area could be the effect of an arrest or conviction on a person’s security clearance.  After all, with many military personnel and defense contractors living in the area, there are many people here […]

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English v. United States: Aiding and Abetting Flight in a Motor Vehicle

August 19, 2011 Opinions/Cases

Darnell Anderson was the passenger in a car involved in a shooting.  The car sped away at high speed when police arrived at the scene.  Anderson continued to flee on foot even after the car was stopped.  The question addressed last month before the D.C. Court of Appeals in English v. U.S., 25 A.3d 46 […]

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U-Va’s Proposed New Rules on Sexual Misconduct

May 7, 2011 Assault

“Sexual misconduct has no place in the university’s community of trust.” So says Patricia Lampkin of the University of Virginia (U-Va) in describing the university’s proposed new rules on sexual misconduct. Having come under harsh criticism nationwide for having failed to prevent the murder of 22-year-old Yeardley Love at the hands of another U-Va student, […]

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