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California Supreme Court Rules that Conduct Alone is Insufficient to Support Finding of Ties between Subsets of Criminal Street Gang

The California Supreme Court held last month in People v. Prunty, S210234, that when the prosecution seeks to prove the street gang enhancement (Pen. Code, sec. 186.22(b))by showing a defendant committed a felony to benefit a given gang, but establishes the commission of the required predicate offenses with evidence of crimes committed by members of the gang’s alleged subsets, it must prove a connection between the gang and the subsets. This is a good decision when dealing with gang subsets and the STEP Act and sets forth what the prosecution must show to establish a defendant acted for the benefit of a gang.
The case is at:  http://www.courts.ca.gov/opinions/documents/S210234.PDF

Criminal Justice Reform: A New Hope?

Introduction
The public, legislators, prison officials, judges, and historians alike are all waking up to the fact that the United States’ criminal justice system is clearly in dire need of reform. And finally, it appears that the words criminal justice + reform are gaining momentum to reveal that the status quo of an inefficient and expensive system is unacceptable in this country.
As it stands, with about 5% of the world’s total population, the U.S. houses almost a quarter of the world’s total prisoners, which is equivalent to 2.23 million behind bars, four times as many incarcerated than four decades ago. However, the difference in incarceration rates is not due to the U.S. having a considerably higher rate of crime in comparison to the rest of the world. In the 1980s, incarceration rates began their sharp rise, coinciding with the advent of the war on drugs, mandatory minimum sentences, and three-strikes laws. 
Today, one can find numerous federal prisoners serving life sentences w…

Latest Developments in Insider Trading

The Gray Area between Friend and Fiduciary
In a landmark decision, the United States Court of Appeals for the Second Circuit, an influential court in securities litigation, provided clarity on the elements required to hold a tippee liable for insider trading. The decision by the Second Circuit on December 10, 2014 to reverse the charges, with prejudice, in United States v. Todd Newman, Anthony Chiasson sets a new definition for who can be held liable for insider trading. Before Newman, insider trading was broadly defined. This decision narrows the scope. The Government now must tangibly prove whether an investment professional knew that information had been disclosed in breach of a fiduciary duty in exchange for a personal benefit. The Government’s impending efforts to combat and thwart those tippees who are alleged to be involved in insider trading activities now must first determine, and later prove, whether the material nonpublic information was obtained from a friend with benefits