The US Supreme Court limited when prosecutors can charge criminal defendants with identity theft alongside other crimes.

In a unanimous decision Thursday, the court said a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal.

The case centered on David Dubin, who was charged with healthcare fraud for overbilling Medicaid for services his psychological examination company provided to a child at an emergency shelter in Texas.

Continue reading “US Supreme Court Narrows Scope of Identity Theft Law” →

Since the first use of DNA evidence in a criminal case in 1986, forensic scientists have considered biological material (such as hair, skin, and bodily fluids) to be relatively reliable physical evidence.

While early technology required a substantial amount of biological material to extract enough DNA to build an individual profile for analysis, researchers have since discovered that they can obtain reliable DNA from more than just bloodstains or visible fluids; they can also obtain it from “touch DNA” that is left behind on surfaces or objects such as doorknobs, window latches, or steering wheels. Although touch DNA can be essential for forensic casework, it also comes with its share of issues, including those related to:

• Low quantity of useable DNA.
• High variability in the amount of DNA left by touch; that is, high variability in the amount that one person leaves, and high variability in the amount left from person to person.
• DNA degradation,including the many factors that can cause DNA to break down over time.

Continue reading “Persistence of Touch DNA Evidence for Analysis” →

The Bureau of Alcohol, Tobacco, Firearms, and Explosives traces over 450,000 guns likely linked to a crime in the United States each year. Each of these traced firearms is assigned one of 59 specific categories that describe the circumstances in which it was recovered by law enforcement.

Because each of these categories is tied to a firearm that has been confiscated or otherwise obtained by law enforcement, the most commonly cited classifications are those that necessarily involve a firearm. These include “carrying a concealed weapon” and “possession of a weapon.” However, the vast majority of ATF categories for traced firearms are criminal acts that do not, by definition, need to involve a gun. (These are America’s 10 biggest gun makers)

Continue reading “Drugs, Homicide, and More: The Biggest Crimes Tied to Guns in Every State” →

A federal judge has ruled that the U.S. government has a treaty obligation to support law enforcement on the Pine Ridge Reservation in South Dakota, but declined for now to determine whether the Oglala Sioux Tribe is entitled to as much funding as it’s seeking.

Tribal leaders depicted the ruling as a victory, saying the important point is that the court confirmed that the federal government has a duty to fund policing on the reservation and ordered U.S. officials to meet with Oglala Sioux leaders “to work together promptly to figure out how to more fairly fund tribal law enforcement.”

Continue reading “US has treaty duty to fund policing on Pine Ridge Reservation in South Dakota, judge rules” →

People ask criminal defense lawyers about it so often that I just call it the Question. It comes in many forms: How can you sleep at night knowing your client is guilty? Why do you represent criminals? How do you represent those people?

I can see why so many people ask, even clients ask it. Nearly every night on the local news there’s a scary story about people accused of breaking the law. If it’s not a less-than-flattering mug shot, it’s in-court footage of someone in a jumpsuit and bound in chains. It’s not a good look, and it’s easy to wonder about the lawyer speaking on their behalf.

Over time, I’ve come up with different answers to the Question.

Continue reading “Ben Lowenthal: The Question Every Criminal Defense Lawyer Gets Asked” →

South Dakota’s medical marijuana oversight committee will have a lot of new faces this year when the panel returns to work, after state lawmakers decided in the 2023 session that it needed a somewhat different look.

There’s now a clear preference among a majority of the Legislature’s Executive Board that the group stay in the middle, rather than veering too far toward tougher restrictions or broader availability. There’s also greater recognition that public schools have an interest, too, because students younger than 18 can receive medical-cannabis cards if they qualify.

Continue reading “Legislators overhaul SD medical marijuana panel” →

In 2009, President Barack Obama signed into law the “Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.” Named for two victims of hate crimes, the act bolstered and expanded the criteria upon which violent crimes could be prosecuted as hate crimes. In addition to crimes motivated by a victim’s race, ethnicity, national origin, or religion, the act further stipulated “actual or perceived gender, sexual orientation, gender identity, or disability.” It also provided state and local governments and law enforcement agencies with funding to aid hate crime investigations.

Continue reading “States with the most hate crimes” →

If you’re of a mind to dig into crime stats in Brookings County, you’re going to find numbers that mostly reflect a law-abiding population — numbers further reinforced by programs designed to keep people out of South Dakota’s prison system.

“If we look at the crimes that impact the most people across the board, what we’ve done about that is hold people accountable. We’ve sent the right message to those offenders — ‘If you continue to endanger the people in this community, you will be prosecuted and you will be held accountable’ — and I think since I’ve taken office in January of 2019, we’ve done just that,” Brookings County State’s Attorney Dan Nelson said in an interview.

Continue reading “Anti-crime efforts paying dividends in Brookings County” →

Breaking the law is something most of us strenuously avoid, but there are actually a slew of illegal things that even the most conscientious people do just about every single day—and usually get away with. These may be minor infractions we know we shouldn’t do (but make a habit of when we see everyone else doing it), or laws we break without knowing they are laws in the first place. Read on for 30 weird things that are illegal that you’re likely guilty of doing at least once in your life.

Continue reading “30 Illegal Things Practically Everyone Has Done” →

When Major Gerald Hansel applied to become a Linn County sheriff’s deputy almost 33 years ago, he was one of more than 200 applicants competing for just a few open positions.

Now, as the Linn County sheriff’s second deputy, in charge of hiring for the department, Hansel said he’s lucky if he sees 20 applicants show up for testing.

“Back in the day, we all grew up wanting to be in this profession, whereas I think today it’s not looked upon maybe in the same light. It’s not necessarily a career. It’s a job, and if it doesn’t work out, they’ll move on,” Hansel said.

The Linn County Sheriff’s Office isn’t alone in struggling to find applicants. Law enforcement agencies across Iowa and across the country have been seeing application numbers decrease for years, with the change even more noticeable in the last few years.

Iowa City Police Chief Dustin Liston said when he was a new police recruit in El Paso, Texas, in 1997, there were thousands of job seekers during each application cycle. Even in smaller agencies in Iowa, it was normal to have several hundred about that time.

“Over about the last decade, that has really slowed down, and certainly over the last couple of years it’s slowed down even more so,” Liston said. “So, we’ve had to become pretty creative in trying to remove as many barriers to the application process as we can, to make sure we get the appropriate number of applicants.”

Larger departments with more city resources, like the Cedar Rapids Police Department, aren’t having as much trouble filling open positions, but Cedar Rapids Capt. Jeff Hembera noted there have been fewer applicants to choose from in filling those roles.

“Like the rest of the country, our applicant pool has been smaller, but we’re finding that in the end we’re still getting good, qualified hires,” Hembera said.

You can read the full article at The Gazette.