When I was practicing law in California, attorney's would often joke about the "Twinkie Defense." The "Twinkie Defense" refers to a murder case out of the Bay Area where a disgruntled politician killed other politicians, and then beat murder charges in trial because eating too many Twinkies made him temporarily insane. Needless to say that after that case, California changed its laws regarding mental defenses.
I personally did a jury trial a few years ago that focused on the mental competency of a man charged with murder. The defendant charged with murder was found competent, despite some crazy things that he said and did. The key to the case was not so much what he did when speaking to psychologists and experts, but what he did the rest of the time, playing cards with fellow inmates, and how he behaved and talked when he didn't think he was being watched or evaluated.
When someone fakes a mental illness to avoid the consequences of bad choices, it is call malingering. Here in Utah, we have a trial underway involving the kidnapping and rape of a young woman named Elizabeth Smart by a man named Brian David Mitchell. The testimony in the trial to date has shown that, despite some strange behavior by Mr. Mitchell, he knew what he was doing. Today's testimony revealed that he used some of his unorthodox beliefs to manipulate his wife in assisting him.
Is Mr. Mitchell crazy? Probably, but not in a way that reduces his responsibility for what he has done. There is a difference between acting different from the social norm, and being so mentally ill that you are not responsible for your choices and your behavior. The criminal justice system is full of people who do crazy things. The main question to be answered when evaluating a person's competence to stand trial and be held responsible for their conduct is not so much whether their conduct was crazy, but whether they knew what they were doing when they did it, crazy or not.
www.edjoneslaw.com
(435) 654-9529
Friday, November 19, 2010
Wednesday, October 13, 2010
Why Expunge Your Record
Clients frequently ask me about how they can clean up their records. I have assisted clients in expunging their records in Utah and California, with much success. The number one reason why clients want to expunge their record is to upgrade their employment. Having a criminal record can make applying for a job difficult. In this competitive economy, perspective employers are performing background checks on applicants more than ever before. Some surveys indicate that more than 70% of employers are performing these background checks, which can cause someone to lose opportunities if they have accumulated a criminal record.
Expungement is the best way to clean up your record. Once a criminal record has been expunged, a person may become eligible for enhanced employment, student loans, housing assistance, and professional licenses. Cleaning up your record can also remove mention of arrests, dismissals, and other entries in the criminal history database. In short, you get a clean slate.
Most felonies, and all misdemeanors and infractions are eligible for expungement. The more you have to expunge, however, the longer it may take. Also, certain offenses, like DUI convictions, can take up to ten years to become eligible for expungement because they act as priors for future offenses for that length of time. In any event, most convictions can be expunged in between three and seven years after completing probation, depending on the type of crime. Be aware, however, that if you have more than four separate convictions of a serious nature, you may run into trouble qualifying for expungment.
Expungement laws have recently changed to allow more people to qualify for the benefits of a clean record. If you have a criminal record, and would like a clean slate, you should contact a lawyer and get more information about when and how to get an expungement.
www.edjoneslaw.com
(435) 654-9529
Expungement is the best way to clean up your record. Once a criminal record has been expunged, a person may become eligible for enhanced employment, student loans, housing assistance, and professional licenses. Cleaning up your record can also remove mention of arrests, dismissals, and other entries in the criminal history database. In short, you get a clean slate.
Most felonies, and all misdemeanors and infractions are eligible for expungement. The more you have to expunge, however, the longer it may take. Also, certain offenses, like DUI convictions, can take up to ten years to become eligible for expungement because they act as priors for future offenses for that length of time. In any event, most convictions can be expunged in between three and seven years after completing probation, depending on the type of crime. Be aware, however, that if you have more than four separate convictions of a serious nature, you may run into trouble qualifying for expungment.
Expungement laws have recently changed to allow more people to qualify for the benefits of a clean record. If you have a criminal record, and would like a clean slate, you should contact a lawyer and get more information about when and how to get an expungement.
www.edjoneslaw.com
(435) 654-9529
Friday, June 18, 2010
Death Penalty Cases
Death Penalty Cases
Today a firing squad ended Ronnie Lee Gardner's life. In Utah, the death penalty is still legal, though groups have actively opposed this type of punishment. Some speculate that this could be the last time a firing squad will ever be used in an capital punishment execution. Lethal injection has become the preferred method for the ultimate punishment. The incredible element to this case is that it took 25 years between the time the punishment of death was ordered, and the actual execution.
Whether the government should be allowed to put a person to death for committing a crime is a hotly debated topic. Individuals from around the country, including scholars and judges, are divided in their opinions regarding this topic. Attorney J. Edward Jones is one of the few attorneys in the State of Utah that has been qualified to be appointed to represent individuals charged with crimes where the death penalty is the requested punishment. Mr. Jones has also been successful in obtaining a not guilty verdict for murder charges at trial.
www.edjoneslaw.com
(435) 654-9529
Today a firing squad ended Ronnie Lee Gardner's life. In Utah, the death penalty is still legal, though groups have actively opposed this type of punishment. Some speculate that this could be the last time a firing squad will ever be used in an capital punishment execution. Lethal injection has become the preferred method for the ultimate punishment. The incredible element to this case is that it took 25 years between the time the punishment of death was ordered, and the actual execution.
Whether the government should be allowed to put a person to death for committing a crime is a hotly debated topic. Individuals from around the country, including scholars and judges, are divided in their opinions regarding this topic. Attorney J. Edward Jones is one of the few attorneys in the State of Utah that has been qualified to be appointed to represent individuals charged with crimes where the death penalty is the requested punishment. Mr. Jones has also been successful in obtaining a not guilty verdict for murder charges at trial.
www.edjoneslaw.com
(435) 654-9529
Friday, June 4, 2010
Juveniles sentenced to life without parole
Juveniles sentenced to life without parole
On May 17, 2010, the U.S. Supreme Court held that a sentence of life without parole for a juvenile offender, who has not committed a homicide, violates the Eight Amendments Cruel and Unusual Punishment Clause. This is a big change for individuals under 18 who currently have been locked up for life. The case before the Supreme Court involved a young man who committed an armed burglary and attempted armed robbery shortly before his 18th birthday. The trial court noted he had received probation for an earlier armed burglary, and violated his probation by committing the current crimes. The court sentenced the young man, who was now 19 years old, to life for the armed burglary, and 15 years for the attempted armed robbery. The State of Florida, however, where he had committed the crimes, had abolished its parole system, leaving him with a sentence of life without parole. Based on the fact of this case, and the court's ruling, anyone, even someone a day under 18, who commits a crime short of murder, can not be locked away for the rest of his life.
www.edjoneslaw.com
(435) 654-9529
On May 17, 2010, the U.S. Supreme Court held that a sentence of life without parole for a juvenile offender, who has not committed a homicide, violates the Eight Amendments Cruel and Unusual Punishment Clause. This is a big change for individuals under 18 who currently have been locked up for life. The case before the Supreme Court involved a young man who committed an armed burglary and attempted armed robbery shortly before his 18th birthday. The trial court noted he had received probation for an earlier armed burglary, and violated his probation by committing the current crimes. The court sentenced the young man, who was now 19 years old, to life for the armed burglary, and 15 years for the attempted armed robbery. The State of Florida, however, where he had committed the crimes, had abolished its parole system, leaving him with a sentence of life without parole. Based on the fact of this case, and the court's ruling, anyone, even someone a day under 18, who commits a crime short of murder, can not be locked away for the rest of his life.
www.edjoneslaw.com
(435) 654-9529
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