Taser Abuse by Law Enforcement?

You may have heard about the Phillies fan that was tasered after he jumped onto the field.

What did they do to stop him? They used a taser. Now really, was that necessary? Law enforcement that I have spoke to consider the taser the next to last step to subdue someone---the final step is a bullet.

I'd prefer a taser rather than a bullet any day---and I was initally a proponent of tasers. But it's becoming increasingly clear that its use will be and already is being abused. All they had to do was tackle the guy and drag him off the field. There is also some evidence that suggests that taser use on certain individuals can result in death---law enforcement would be mindful to make sure they use a taser as a last resort--some seem very anxious to use the taser instead of using other tactics.

Miranda Takes Another Hit

Yesterday, the Supreme Court ruled that silence does not invoke one's miranda rights. In other words, after miranda is given, law enforcement can interrogate you for two hours and if you do not ask for a lawyer or affirmatively state, "I wish to be silent," they can continue to question. And if you then answer a question, it can be used against you at trial since you 'waived' your right to remain silent.

This ruling will make it even more difficult to suppress coerced statements given under exteme pressure.

Lindsay Lohan Goes Back to Court

The last piece of advice I give to my client at the end of a criminal case where probation is imposed is this: "Listen to your probation officer and do what they tell you to do---they are now your best friend. They can make your life easy or they can make your life hard."

Lindsay Lohan's recent episode of missing a mandatory court appearance highlights the importance of following the rules when you are on probation. Some folks do fine while on probation but for a large number of individuals, being put on probation is just the beginning of their toubles. Being put under the microscope as a probationer subjects everything you do to supervision. Probationers can't afford to not follow the rules---they need to lay low, stay at home as much as possible (think Martha Stewart), complete probation, and then move on with their life.