Teen dating violence study

A new study of 1,430 7th grade students reveals that many 7th-graders are dating and experiencing physical, psychological and electronic dating violence. More than one in three students (37%) surveyed report being a victim of ‘psychological dating violence’ and nearly one in six (15%) report being a victim of ‘physical dating violence.’ This study also found that while some attitudes and behaviors associated with increased risk for teen dating violence are pervasive, nearly three-quarters of students surveyed report talking to their parents about dating and teen dating violence. Parent-child communication is considered a protective factor that reduces the risk for teen dating violence.
In this interview Judge Hyman can discuss the role parents play and how in California a 12 year old can get a restraining order!

Stand Your Ground Law: The Numbers

The “stand your ground” defense, established in 2005 by the Florida Legislature essentially provides that a person may use deadly force in self-defense when there’s reasonable belief of a deadly threat, and without an obligation to retreat first.

Since the Trayvon Martin shooting put the term in the public discussion, the law still is often misunderstood.

Although the number of justifiable homicides in Florida has more than doubled since “stand your ground” was passed in 2005, the rate of violent crime in the state deceased by 23% from 2005 to 2010, according to FBI statistics. 

Retired Superior Court Judge Eugene Hyman says “based on what we’ve been told by the media, the Martin case doesn’t smell right.”

Supreme Court to hear arguments on juvenile sentencing

The Supreme Court is scheduled to hear arguments as to whether sentencing a 14-year-old to spend the rest of his or her life in prison, even for murder, violates the Constitution’s ban on cruel and unusual punishment.

In California, meanwhile, the Legislature is expected to vote in the coming weeks on a bill by Sen. Leland Yee (D-San Francisco) that would allow reviews of life sentences for all inmates who committed their crimes when they were teenagers. Yee, a child psychologist, calls his bill “an incredibly modest proposal.” Defendants would only be eligible for review after serving 15 years and would at best win the possibility of parole after serving a total of 25.

Judge Eugene Hyman…says new research supports the need to re-examine laws that allow life sentences for juveniles.

Annuity sale leads to criminal prosecution, Judge Eugene Hyman looks at recent CA case

In today’s Speaking of Justice broadcast, the Honorable Eugene Hyman joins Scott Drake to discuss the recent criminal conviction of a California annuity agent charged with selling an annuity to an 83 year old woman who was alleged to be exhibiting signs of dementia at the time of the sale. Judge Eugene Hyman

This case, which was profiled in a recent Wall Street Journal article by reporter Leslie Scism, looks at the facts surrounding what could potentially be an disturbing case for annuity agents, structured settlement agents and others who work with either elderly or disabled clients. The wave of legislation and regulation that has written laws mandating criminal charges and compulsory reporting of financial abuse of those over the age of 65 should cause agents nationwide to review and rethink how they will handle clients moving forward.

The larger issues, beyond whether or not the annuity was suitable for a woman of this age, is that the jury felt that the commission paid the agent was of sufficient size, $14,000, that it indicated motive of criminal intent, thus allowing for conviction. The implication being that any financial product or transaction involving a senior in which the agent or advisor is being paid a substantial commission, might come back to haunt that advisor.

We will continue to follow this story as it was reported today that the agent was allowed to be free on bail pending a hearing and decision by the California Appellate Courts on this issue.

Online impersonation and the law

Washington Governor Chris Gregoire has signed into a law a bill to help victims of online impersonation pursue lawsuits in civil court.

The bill, signed by the governor Wednesday, passed through both the Washington state House and the Senate unanimously.

Under the law, humiliating, defrauding or threatening others by maliciously impersonating them on social networks or online bulletin boards will be grounds to file a lawsuit.

The measure will not apply to police officers impersonating others online as part of a criminal investigation.

The law will go into effect in June.

Judge Hyman discusses the current state of US laws regarding online impersonation. California enacted a similar law in 2011.

California ruling on self representation of mentally ill: Judge Eugene Hyman

Criminal defendants who are sane enough to be tried for a crime may nevertheless be too mentally ill to act as their own lawyers, the California Supreme Court decided unanimously Monday.

In rejecting an appeal from a man denied the right to represent himself, the state high court said judges may insist defendants be represented if they suffer from “a severe mental illness to the point where [they] cannot carry out the basic tasks” needed to mount a defense.

But Justice Ming W. Chin, writing for the court, warned judges to apply the standard cautiously. Self-representation should not be denied simply because attorneys on both sides would ensure a more efficient or fairer proceeding, he said. “Criminal defendants still generally have a 6th Amendment right to represent themselves,” Chin wrote. “Self-representation by defendants who wish it and validly waive counsel remains the norm and may not be denied lightly.”

The ruling stemmed from an appeal by Andrew D. Johnson, convicted in Solano County of sexually assaulting a bartender in 2007 and hitting another person over the head with a chair. The trial judge deemed Johnson competent to stand trial because he understood the nature and purpose of the proceedings. But the judge also ruled Johnson could not represent himself because he suffered from disorganized thinking, an inability to concentrate and anxiety.

What is a parent’s civil liability with respect to children? Judge Eugene Hyman

Judge Eugene Hyman discusses a parent’s civil liability with respect to their children. One important distinction is the notion of intent and negligence. See more at Family Law FAQ

Appeals court upholds California DNA law: Judge Hyman

A federal appeals court in San Francisco ruled that a California law requiring the taking of a DNA sample from every adult arrested for a felony does not violate the Constitution’s prohibition on unreasonable searches.

The panel of the Ninth US Circuit Court of Appeals voted 2-1 to uphold the law, which permits the collected samples to be stored in a nationwide database for potential use in future investigations.

Challengers had argued in a class-action lawsuit that the DNA law – passed in 2004 as Proposition 69 – would facilitate the use of their DNA samples in future investigations without the government first obtaining a warrant or reasonable suspicion. They said such actions violate Fourth Amendment privacy protections.

“We conclude that the government’s compelling interests far outweigh arrestees’ privacy concerns,” wrote Judge Milan Smith in a 33-page decision joined by Senior District Judge James Dale Todd.

Read more at Christian Science Monitor

California Three Strikes Reform 2012 Law/ KALW San Francisco Interview

Listen as Chuck Finney is joined by: Judge Eugene Hyman ; Jeff Hayden, Certified Specialist in Criminal Law; Karen Guidotti, Chief Deputy, San Mateo Co. District Attorney’s Office; and Michael Romano, Director, Three Strikes Project, Stanford Law School. Click the image to listen to the interview.

Gingrich and the Judges…

Republican presidential hopeful Newt Gingrich threatened in the past to have U.S. judges arrested if they disagreed with his policies as president, ratcheting up his attacks on the judiciary as he tries to halt a slide in his campaign.

Last week asked by a local reporter about legislation passed in Washington state, as well as Maryland, permitting same-sex marriage, Gingrich responded: “I think at least they’re doing it the right way, which is going through voters, giving them a chance to vote — and not having a handful of judges arbitrarily impose their will.”
But the former House speaker added, “I don’t agree with it. I would vote no if it were on a referendum where I was. But at least they’re doing it the right way.”