Caffeine defense in a murder case


Americans love their caffeine.  With Dunkin Donuts and Starbucks scattered all across the US, people can get their fill of caffeine at anytime.  Additionally, products such as energy drinks and 5 hour energy are flying off the shelves. 

Recently, lawyers have begun to use the caffeine as a legal defense in criminal cases.  Lawyers have begun to argue that caffeine has affected the intent of the criminal, their knowledge and their confessions.  It is a novel defense and young defense and it will be interesting to see how the situation works out. 

 The most recent use of this defense is by Woody Sill Smith who is accused of killing his wife by strangulation.  The defense plans to argue that the large amount of caffeine ingested by the defendant resulted in an altered state of mind.  As a result of this temporary altered state of mind, the defendant should be found not guilty of the crime.

 The strategy of this case will be closely examined by both prosecutors and defense attorneys.  Seeing that the defense is so new, it will be interesting to see its development over time.  In the mean time, it may look as though a person should limit their caffeine consumption.   

 For more information

http://news.yahoo.com/s/ap/20100920/ap_on_re_us/us_caffeine_defense

http://www.semissourian.com/story/1666443.html

http://abcnews.go.com/Health/MindMoodNews/man-caffeinated-psychosis-defense-hit-run/story?id=9306666

http://news.gather.com/viewArticle.action?articleId=281474978533466

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Jury Duty, from thrills to snores


Life has changed a lot over the last few centuries, but the basis of the judicial system has stayed the same.  The jury trial has not had a significant make over the last centuries.  What was an exciting affair to be apart of years ago is now something that most citizens absolutely try to avoid.

So what happened?  Technology, life and many more things have changed over the years.  Before, in the 18 century it was difficult to get the news and find out what happened in our community.  Back in those days a jury trial was straight entertainment.  It was one of the few times in which people had a chance to hear stories and see what was going on in their community.  Now, the news is readily available, we see it on television, hear in it in the car and even read it on our phones.

In this high pace society we now have, people are constantly on the move.  More and new fascinating things to thrill are minds are being invented on a daily basis.  New technologies are coming out ever day finding new and exciting ways to entertain our minds.

Then there is the court system.  Very little has changed.  The system is slow and deliberate with the goal of ensuring rights and not providing entertainment.  The court has tried to incorporate things to captivate attention such as photos, use of models, power points, and videos.  However, at the end of the day, the jury trial is still a story telling process. Unfortunately, technology has made an average person’s attention span towards hearing a story very short.  Just remember, the next time that you have jury duty, though it may not captivate you as it would have centuries ago, you are still apart of a very important process.

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Published in: on September 17, 2010 at 2:15 pm  Leave a Comment  

Jurors please wait to tweet or be prepared to pay


Jury duty is something that most people don’t look forward to attending.  However, there are certain cases that may receive a lot of press and jurors actually are interested to be apart of the process.  If you are ever chosen to be on a jury, make sure that you follow the rules of the court. 

One of the most important rules the judge will require is for jurors to not talk about the case until it is over.  If a case takes more than one day, most juries are allowed to go home for the night.  In limited situations, juries are kept away from the public and housed in a hotel until the case is over.  Regardless of where the jurors stay, the rule remains the same.  Don’t talk about the case until the case is over.  This includes not talking to fellow members of the jury until it is time for deliberations. 

With technology, it is much easier to make contact with others than ever before. Most people own cell phones, and smart phones allow people to post messages on the web through Facebook and Twitter to thousands of people at a time.  With these conveniences, it takes more of an effort on a juror’s part to not be tempted to talk about the case he or she is currently apart. 

In Detroit, a juror posted a Facebook message talking about the trial.  When the court discovered this, the juror was fined $250 and was required to write an essay on the constitutional rights to a fair trial.  A fair trial, this is what the rule is trying to protect.  If the fine is not enough to deter you from talking to about the case, then imagine it was you on trial and how it would feel to not receive a fair trial.  It is okay to talk to others while the case is pending, just make sure the trial doesn’t enter the conversation.    

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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For more information:

http://wwj.cbslocal.com/2010/09/02/juror-who-made-facebook-post-due-in-court/

http://www.huffingtonpost.com/2009/10/24/jurors-using-twitter-jeop_n_332648.html

http://www.telegraph.co.uk/news/worldnews/northamerica/usa/4998004/Juror-tweeted-on-Twitter-during-trial.html

Lessen your chances of getting pulled over for DUI


It is Labor Day weekend and it is the last opportunity for most people to enjoy a long weekend before the winter.  People are going to pack the highways and the police are going to be out in full force and arresting people for DUI.  The last thing that you want is to be pulled over for DUI.  The best way to avoid a DUI is to not drink and drive.  However, there are other things that you can do to lessen your chances of being pulled over for a DUI. 

 There are obvious DUI signs that a police officer looks for in DUI situations.  Some DUI signs that may lead an officer to suspect a person of a DUI are: the car is weaving, inability to stay within lanes, car accident, failing to obey traffic lights and just driving poorly. 

 However, even if the DUI suspect is driving properly, the DUI suspect may still be pulled over for civil violations.  When the officer approaches the DUI suspect and smells alcohol, the officer may start their DUI investigation.  A person can be pulled over for many civil violations that may lead to a DUI investigation.  Some common violations are rejected inspection stickers, improper window tint and excessive sounds from the car or mufflers. 

In short, it is important not to draw any attention to yourself because your car is not in good working order.  Before you go out make sure that your car is not going to draw unwanted attention from the police.  If you have an expired inspection sticker then don’t drive the car.  Because if you been drinking and get pulled over for a civil violation, it could end up with you being charged with a DUI. 

 To find out more information regarding the different DUI offenses, you can visit the DUI index.  http://www.attorneychan.com/dui/index.html

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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