Boston Bombing Suspect Faces State and Federal Charges, with Judge Eugene Hyman, Santa Clara, California

With concurrent jurisdictions presiding over the Boston bombing case, it would not be considered double jeopardy for both the state and federal government to prosecute, says retired Superior Court Judge Eugene Hyman, of Santa Clara, California.  It also wouldn’t be double jeopardy if he were to be found, hypothetically, not guilty in one jurisdiction and guilty in the other.

As Massachusetts does not have the death penalty but the federal government does, by prosecuting the suspect federally, he might be eligible for the death penalty.  That being said, it has been decided that they will proceed federally.  Judge Hyman believes this has some advantages to it from an appellate standpoint.  “If he’s already in federal court, from an appellate standpoint, there would only be the district court, federal court of appeals and the U.S. Supreme Court,” he says.  “If filed first in Massachusetts, besides going through the Massachusetts court system, you’d wind up thereafter for appeals in the federal district court of appeals and U.S. Supreme Court, so you bypass a whole appellate system by filing in the state system,” adds Hyman.

According to Judge Hyman, in a case like this, there is no advantage to prosecuting him twice because even if the federal government decides not to prosecute for the death penalty, the number of years he’ll be receiving because of the death and injuries that occurred as a result of his actions, “the reality is he’s never getting out.”

Another issue being raised in the press is regarding the suspect receiving his miranda rights.  Hyman says he may never be advised of his miranda rights, adding that there is a huge misconception in terms of when miranda rights are required.  They’re required in the event you want to use statements from someone in custody and is required to be admonished if they want admissable statements, says Hyman.  If they feel they have sufficient evidence, which it sounds like they do in this case, they don’t need his statements in order to convict him, notes Hyman.  If they don’t advise the suspect of his miranda rights, “it’s not a get out of jail free card, as it makes no difference,” says Hyman.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Border Searches Involving Computers, with Judge Eugene Hyman, Santa Clara, California

Historically, borders have been treated much differently than the interiors of the country, because once a person crosses in, they are able to dispose of their property more readily, making it less likely the government will be able to obtain a warrant to search possessions.

Since 9/11, it has become even more difficult to cross the border without a search, especially searches of computers with respect to concealing terrorists plans, says retired Superior Court Judge of Santa Clara, California, Eugene Hyman.

A recent 9th circuit ruling said that searches of electronic devises are far greater intrusions into a traveler’s privacy and must be justified by a greater degree of suspicion before the search can occur.  The case revolved around the searching of a computer of a convicted pedophile and the decision was reversed, saying this was an insufficient reason for a seizure without a warrant.

An east coast appellate court ruled the other way, in saying the seizure was appropriate, therefore setting up a potential situation where the matter might go before the U.S. Supreme Court, says Hyman, so that there can be a consistent ruling throughout the U.S.

Hyman asks where the line is drawn – on the one hand, you need a warrant with respect to computers but is one needed with respect to cameras or cell phones?

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Ohio Teens Guilty in Rape Trial, with Judge Eugene Hyman, Santa Clara, California

Social media and texting has been introduced as evidence in court for several years but has been getting more attention lately.  What makes the case of the Ohio teens, who have been recently found guilty in juvenile court, interesting is how public the trial was, says retired Superior Court Judge Eugene Hyman.

What this case presents, from an evidentiary standpoint when one is being prosecuted, is how the new media is being used in terms of that prosecution, how it’s being used in terms of admittance, its foundational requirements and the right to cross examine.  Traditionally,  Hyman says that juvenile court is private but the judge in this case decided a public trial would benefit in terms of confidence and understanding.

Under the law, Hyman says it makes no difference if the penetration is being done for sexual reasons, no matter the object being used.  He also says that juveniles that are being prosecuted are entitled to each of the same rights as adults, with the only exception being the right to a jury trial.  In an adult court, the purpose is prosecution and in a juvenile court, the purpose is accountability and rehabilitation.  While confinement exists in both, in juvenile court, the whole purpose is to rehabilitate, therefore, there is no need for a jury trial.

In Hyman’s experience, there have been cases where a juvenile can spend more time in a juvenile facility than they would have if they had gone to adult court.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Lindsay Lohan Sentenced To Lockdown Rehab, With Judge Eugene Hyman, Santa Clara, California

Lindsay Lohan was recently sentenced to 90 days in a rehabilitation facility and what retired Superior Court Judge of Santa Clara, California Eugene Hyman believes she needs is frequent accountability and testing, which is provided for in a drug court.  Unfortunately, it was not possible to get Lohan into a drug court based on her offenses, such as shoplifting and lying to a police officer, as only drug offenses are eligible for drug court in Los Angeles County.

A judge can impose all kinds of conditions of probation but if there’s no frequent testing, it’s going to be difficult to guarantee compliance, notes Hyman.  The fact that she’s going to a 90 day locked patient program is a good start, says Hyman, because hopefully, she won’t be using any substances.  However, based on her history, she needs a very structured life until she demonstrates she can comply with the conditions of her probation and test clean, believes Hyman.

Hyman thinks that the rehab has a good opportunity to be effective but reminds us that Lohan is a difficult person to work on and suspects that she’ll test dirty along the way, as she has the means to still purchase drugs.  The odds statistically are that she’ll violate probation along the way and then the judge will have to deal with the state sentence that’s been hanging over her head.  In theory, says Hyman, if you violate your probation, the state has to be lifted and the 180 days imposed.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Lindsay Lohan Needs Rehab Facility, with Judge Eugene Hyman, Santa Clara, California

Lindsay Lohan is a person who needs a locked up facility, according to retired Superior Court Judge of Santa Clara, California, Eugene Hyman. The problem, he believes, is that her lawyer has to be truthful and present all of the options available to her.

The reality is a judge could give her the balance of her one year potential term and because of over-crowding in the jails, she might only serve 7 days. What her lawyer should do, notes Hyman, is tell her it’s in her best interest to serve 90 days in a treatment facility.

Hyman says that Lohan is not incompetent from a criminal standpoint but is getting there civilly. From a criminal standpoint, you have to be to the point where you don’t understand what’s going on with respect to the criminal process and you’re unable to assist your advocate, according to Hyman. He doesn’t believe she’s at the point where she can’t make decisions, even if she does have issues with comprehension.

If Hyman were the judge in her case, he would encourage her to go to lock up for 90 days to get clean and sober and give up her old friends.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Supreme Court Rules on Canine Searches, with Judge Eugene Hyman, Santa Clara, California

A Florida court had initially ruled that when it comes to canine searches, a dog’s training and certification records must be introduced to the court. However, the U.S. Supreme Court, in a recent unanimous decision, overruled the Florida court saying these standards were too burdensome.

Retired Superior Court Judge Eugene Hyman, of Santa Clara, California, says that the Florida court’s checklist was too demanding and that should have been required was for it to be treated like any other reasonable situation. “The canine’s reliability should be reviewed in the totality of circumstances,” says Hyman.

In the initial Florida case, the dog had alerted with respect to drugs but the police didn’t find any ingredients during the search. The handler had alerted to the dog due to the powder residue on the door handle. Hyman says that studies have shown that the handler often directs the dog based on what he feels is necessary. The handler has to be very careful not to put out any cues, says Hyman.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Criminal Background Checks and Civil Liberties, with Judge Eugene Hyman, Santa Clara, California

Retired Superior Court Judge Eugene Hyman of Santa Clara, California supports the reasonableness with respect to criminal background checks. However, his concern over the years is that there doesn’t seem to be much redemption with respect to the fact that a person may have made a mistake years ago and has since gotten their life back on track.

Richmond, California, is just one example of a municipality that has a “ban the box” statute. The next step, says Hyman, is that if you have business license in a city with a “ban the box,” you can’t do background checks or check records against people.

Hyman says background checks depend on the industry or job and how it pertains to the background record and how long ago it was. There are certain exceptions to background checks, such as when the job has to do with security clearance or law enforcement, notes Hyman, as those records will never go away in those instances.

Hyman believes it will be a while before this evolves to criminal liability, as right now this has to do with civil liabilities. As only cities and counties have the “ban the box,” Hyman says this is the direction in which we need to move.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

New technology call into question criminal convictions, with Judge Eugene Hyman

A recent Supreme Court 4-3 decision has said that it wasn’t enough to cast serious doubt on a guilty verdict after a recantation by a witness.  When that happens, it has to move a reasonable jurist to the position that the defendant is actually innocent and that it’s not enough to raise reasonable doubt, says retired Superior Court Judge Eugene Hyman of Santa Clara, California.

What remains to be seen in this case, says Hyman, is what happens when it goes to the federal court system to see if it will hold the same position.  State prosecutors are applauding the decision because they say that’s what it ought to be and Hyman adds that science is always evolving.  “What was once good science at the beginning of this trial is not good science now,” says Hyman.

The expert witness in this case recanted his testimony from 16 years ago because he said he was wrong regarding his earlier testimony, based upon today’s science.

The Supreme Court, Hyman says, looked at this and said removing this evidence doesn’t make this person innocent in this case.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Estate Planning With the Advent of Social Media and Email Passwords, With Judge Eugene Hyman

Having sat in probate court and many will cases, retired Superior Court Judge Eugene Hyman, of Santa Clara, California, knows all too well the problems with retrieving passwords and closing email and social media accounts.  He saw how difficult it is to do, due to a lack of authorization and not having passwords.

What concerns Hyman is the person who prepares the will.  When preparing his own will, his attorney did not raise any of these concerns or make suggestions, rather Hyman did and had put in specific instructions about how to handle his email and social media accounts upon his demise.

Hyman believes that probate attorneys and other professionals in the estate planning business are missing an opportunity to inform people that they are really in need of this instruction.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.

Why Police Lie Under Oath, with Judge Eugene Hyman

Retired Superior Court Judge Eugene Hyman, of Santa Clara, California believes that people are under pressure for convictions, especially with public cases. However, there are cases with far less magnitude where these situations come up and in order to understand that, Hyman believes we must examine the political value of the system in place with respect to the criminal justice system.

Prosecutors, for example, are viewed as a friend of the police and if a prosecutor indicates a lack of confidence in a police officer, that can have political ramifications to that prosecutor, says Hyman. Judges have relationships with police officers in that they sign warrants and have a lot of interaction. If judges ran for re-election, they often ask for the support of the police officer and DA unions, so that places the judge a bit politically beholden, notes Hyman, who supports independent judicial appointments, creating more of an independent judiciary.

Hyman says there’s a lot of interplay and it’s not just the quotas and pressure police officers are under to solve cases. “There is a lot of political interplay between judges, police and prosecutors,” Hyman says.

For more information on the New York Times article on the subject, click here.  Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows. For more information, visit www.judgehyman.com. He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.