Length of Sentences

Larry and Andy discuss various strategies that prosecutors use in determining sentences, is there a difference between Federal prosecution and state level prosecution prosecutors try to throw the book at you or are they empathetic?
Law and order politicians
Do states have different policies for their sentences?
What determines the policies?
Is there a difference between jurisdictions in a single state?
Is prison rehabilitation or punishment?
Are sentence lengths based on evidence or feelings?

Statute of Limitations

Sexual harassment in the context of powerful men being accused by men and women and children of some form of improper action cast against the backdrop of the statute of limitations and what is admissible evidence.

I want to make it explicitly clear that I am not in favor of anyone using their position to gain favors with another party. We aren’t trying to litigate whether the accuser is lying or not. The subject is to cover the statute of limitations, which is being eroded in many states. I am also pretty sure that a double standard will get covered as well


Time frame set by legislation where affected parties need to take action to enforce rights or seek redress after injury or damage.


The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:

  • A plaintiff with a valid cause of action should pursue it with reasonable diligence.
  • By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.
  • Litigation of a long-dormant claim may result in more cruelty than justice.

In Classical Athens, a five-year statute of limitations was established for all cases except homicide and the prosecution of non-constitutional laws (which had no limitation). Demosthenes wrote that these statutes of limitations were adopted to control “sycophants” (professional accusers).

The limitation period generally begins when the plaintiff’s cause of action accrues, meaning the date upon which the plaintiff is first able to maintain the cause of action in court, or when the plaintiff first becomes aware of a previous injury (for example, occupational lung diseases such as asbestosis).

Statute of Limitations for Criminal Actions

For some crimes, including homicide, there is no statute of limitations. A number of states have also abolished time limits for bringing criminal charges in cases involving the alleged sexual abuse of children. The statute of limitations for all other crimes varies from jurisdiction to jurisdiction based on their general classification as either felonies or misdemeanors. Generally, the time limit starts to run on the date the offense was committed and not from the time the crime was discovered or the accused was identified.

What Is Sexual Harassment?

Workplace sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affect an individual’s employment, unreasonably interferes with an individual’s work performance; or creates an intimidating, hostile or offensive work environment.” . Examples of sexual harassment might be as straightforward as unwelcome touching, being pressured to go on romantic dates, or being called an offensive sexual nickname.  It can also include less obvious behavior, like making derogatory or offensive remarks about others, posting sexually explicit pictures or regular conversation of a sexual nature.

Civil Lawsuit – A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy trial”[1] The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.

Alex Marlow is the Editor-in-Chief of Breitbart. He said “We used to all know what it [rape] meant. And now we don’t know what it means. And then we don’t know what’s credible and what’s not. And now everyone is going to come forward.”

What we know so far:

16 women have accused President Donald Trump of sexual assault or harassment ranging from the early 1980s through 2013.

8 women have accused Senator Roy Moore of sexual assault or harassment. All of the accusations are from 30 or 40 years ago

Why is there a statute of limitations to begin with?

If there is scientific evidence, should there be a statute of limitations?

Does the institution stand to lose more by dealing with the individual, or the situation. With the high profile men in the media, the company chose the individual over dealing with the situation. Worded differently, it is cheaper to settle with an accuser for $5M than losing the draw of the high profile person.




Conditions of Supervision

  1. History of probation
    1. Probation first developed in the United States when John Augustus, a Boston cobbler, persuaded a judge in the Boston Police Court in 1841 to give him custody of a convicted offender, a “drunkard,” for a brief period and then helped the man to appear rehabilitated by the time of sentencing
  2. From the point of view of the PO, do they imagine the ‘frightening and high’ statistics are true? Aren’t they on the ground to where they can see the numbers first hand? If they supervise 100+ people at a time, and over a year they only have to arrest a couple people for new charges, isn’t it intellectually dishonest to think that all people on probation are going to violate imminently?
  3. Difference between parole and probation
    1. In my mind, parole is you are in prison, just not IN prison
    2. Probation is you’re done with your time in, but still under heightened scrutiny because you are to some degree a known problem
  4. Conditions of Supervision – Expectation of liberty is diminished
    1. The 4th Amendment protects unwarranted search and seizure. How is it that you give up this right while under supervision?
  5. Can my PO keep me from doing this while I’m under supervision:
    1. Do what I want LOL
    2. Work where I want
    3. Hang out with whomever I wish?
    4. Travel?
    5. Is my car safe?
    6. Stay out all night?
  6. State imposed conditions
  7. Versus probation impose conditions
  8. What is the discretion of the probation officer to extend or lessen supervision requirements
  9. Special conditions for registrants
  10. Electronic monitoring
  11. Fees
  12. Intimidation – wearing swat type tactile gear, armed (gun or taser)
  13. Supervised versus unsupervised / administrative probation
  14. Probation revocation – why does this happen? Does probation trick you?
  15. Home invasion





Transferring to another state

Larry sheds light on the complexities of how one transfers their supervision to another state.

Interstate Compacts

  1. History of transferring to another state ICPP
  2. Why?
    1. Interstate compacts, such as ICAOS, are born out of necessity. For ICAOS, the necessity is for the 50 states, and 3 territories (District of Columbia, U.S. Virgin Islands, Puerto Rico) to follow identical guidelines on how to handle the transfer of adult offenders from one state to another.
  3. What about the rules differing from one state to another. Who has overriding authority?
  4. Is there a right to travel?
    1. False. Offenders do not have a constitutional or statutory right to transfer to another state. In order to be eligible to transfer the sending state must be willing to allow the offender to relocate.
  5. A court can mandate a transfer
    1. False. ICAOS rules have the force and effect of federal law and take precedent over local court rulings. A court an authorize a transfer.
  6. Interstate compacts only apply to registrants?
  7. Nope – they apply to all felonies and some misdemeanors. Only 7.3% of transfers are registrants
  8. Do offenders have any significant rights once they’ve been transferred to another state?
    1. Yes they have a right to a probable cause hearing.
  9. Over 227,007 offenders transferred in 2017. What is source? ICOTS website
  10. Conditions for mandatory approval
    1. The applicant has three months (90 days) or more remaining on supervision; AND
    2. The applicant is in substantial compliance in the sending state; AND
    3. The applicant has at least one of the following qualifying reason for transferring to the other state:
      1. The applicant is a resident of the receiving state
      2. The applicant has resident family in the receiving state willing and able to assist applicant
      3. The applicant is active military member who has been deployed to the receiving state
      4. The applicant will live with active military family member who has been deployed to the receiving state
      5. The applicant will live with a family member who has been transferred to the receiving state by their full-time employer as a condition of maintaining employment
      6. The applicant is transferred to the receiving state by their full-time employer as a condition of maintaining employment; AND
      7. The applicant has a valid plan of supervision in the receiving state with a visible means of support (employment, family support, SSD/SSI, workman’s compensation, etc.); AND
      8. The transferring offense was a conviction for a felony, eligible misdemeanor, or eligible deferred sentence; AND
      9. The applicant is required to report or be monitored by supervising authorities OR has any condition (other than a fine) imposed.
  11. Extradition


The Interstate Compact Offender Tracking System (ICOTS) is a web-based system that facilitates the transfer of supervision for probationers and parolees from one state to another. In 2016, the 50 states and 3 territories that comprise the Interstate Compact for Adult Offender Supervision (ICAOS) used ICOTS to process over 91,000 transfer requests and more than 1.3 million compact activities for 116,000 active supervision cases. These activities include notifications of departures, arrivals, progress, violations, and case closures. ICOTS also serves as a conduit for miscellaneous communication exchanges and helps to promote effective supervision strategies for offenders under supervision in another state.





Polygraph Rationale

Andy and Larry take a deep dive, along with a couple big detours, on polygraphs. How do they work, especially as it relates to registrants, and the

  1. Polygraphs – Von Behren decision
  2. Describe how a polygraph procedure works for a registrant
    1. The recording instrument and questioning techniques are only used during a part of the polygraph examination. A typical examination includes a pretest phase during which the technique is explained and each test question reviewed. The pretest interview is designed to ensure that subjects understand the questions and to induce a subject’s concern about being deceptive. Polygraph examinations often include a procedure called a “stimulation test,” which is a demonstration of the instrument’s accuracy in detecting deception.
  3. How does the machine read your body? Breathing, perspiration, etc
    1. Andy: The instrument typically used to conduct polygraph tests consists of a physiological recorder that assesses three indicators of autonomic arousal: heart rate/blood pressure, respiration, and skin conductivity. Most examiners today use computerized recording systems. Rate and depth of respiration are measured by pneumographs wrapped around a subject’s chest. Cardiovascular activity is assessed by a blood pressure cuff. Skin conductivity (called the galvanic skin or electrodermal response) is measured through electrodes attached to a subject’s fingertips.
  4. Can a subject take the 5th on any question? For example, is your name Andy?
  5. How can parole/probation require you to spend money on a polygraph test?
  6. A psychologist named Leonard Saxe, PhD, (1991) has argued the idea that we can detect a person’s veracity by monitoring psychophysiological
  7. If you have nothing to hide, why not just take the test?
  8. What is the procedure for taking a polygraph? How is the room configured? Do things happen before / after the test?
  9. A typical examination includes a pretest phase during which the technique is explained and each test question reviewed. The pretest interview is designed to ensure that subjects understand the questions and to induce a subject’s concern about being deceptive

Several questioning techniques are commonly used in polygraph tests. The most widely used test format for subjects in criminal incident investigations is the Control Question Test (CQT). The CQT compares responses to “relevant” questions (e.g., “Did you shoot your wife?”), with those of “control” questions. The control questions are designed to control for the effect of the generally threatening nature of relevant questions. Control questions concern misdeeds that are similar to those being investigated, but refer to the subject’s past and are usually broad in scope; for example, “Have you ever betrayed anyone who trusted you?”

The accuracy (i.e., validity) of polygraph testing has long been controversial. An underlying problem is theoretical: There is no evidence that any pattern of physiological reactions is unique to deception. An honest person may be nervous when answering truthfully and a dishonest person may be non-anxious. Also, there are few good studies that validate the ability of polygraph procedures to detect deception.




Freakonomics – Making Sex Offenders Pay — and Pay and Pay and Pay: A New Freakonomics Radio Podcast

“The Americans” – Arpanet


Is the registry unconstitutional

  1. Why isn’t a sex offender registration unconstitutional?
  2. History of the registry – how/why did it come about:
    1. Pre 1994: Few states required convicted sex offenders to register addresses with local law enforcement. The 1994 Jacob Wetterling Crimes Against Children and Sexually Violent Offender Act, required states to implement a sex-offender registration program.
    2. 1996: Wetterling amended by Megan’s Law. Required all states to conduct community notification, required the creation of Internet sites containing state sex-offender information but did not establish specific forms and methods.
    3. Post 1996: Several pieces of legislation were passed to improve sex offender registries. Despite these efforts, many sex offenders still failed to comply with registry laws.
  3. How is unconstitutionality defined?
  4. Construct an unconstitutional registry
  5. Do only items covered in the Bill of Rights count or do all constitutional amendments get covered when looking at constitutionality
  6. If you have your constitutional rights, how does that impact what you can do while under supervision?
  7. Different societies have their own constitution. Wouldn’t a ‘right’ be universal? Natural versus legal rights
  8. States with lifetime registration. Is this constitutional?
    1. http://www.sacbee.com/news/politics-government/capitol-alert/article172159212.html
  9. Eliminate registry vs Private registry?

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