Category Archives: Studies

Death Penalty Repealed?

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WA Death Penalty To End?

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Excellent article reporter Max Wasserman of the News Tribune reports that lawmakers are optimistic that 2018 may bring the end of Washington’s death penalty, following changes in senate leadership and years of stalled attempts in the state Legislature.

Wasserman reports that under current state law, individuals found guilty of aggravated first-degree murder can be put to death by hanging or lethal injection. The latest bill would replace that sentence with life imprisonment without the possibility of parole. Should it pass, Washington would a list of other states that have eliminated capital punishment in recent decades.

Wasserman also reports that the new chair on the committee overseeing the bill, state Sen. Jamie Pedersen, D-Seattle, expects the current push to abolish the death penalty to make it through the senate and possibly to the governor’s desk — the farthest any related bill would have made it in five years.

“The stars may be aligning now for support of doing away with the death penalty,” Pedersen said.

Washington’s death penalty has been seldom used in recent years. In 2014, Washington Gov. Jay Inslee placed a moratorium on capital punishment, suspending the practice for as long as he’s in office. The state’s last execution occurred in 2010 when Cal Coburn Brown, convicted for the 1991 rape and murder of 21 year-old Holly Washa, was put to death by lethal injection.

Despite its lack of use, the death penalty remains on the books in Washington. Attempts to match the governor’s position in the legislature have stalled in the past five decades, despite widespread support among lawmakers for abolishing it.

Wasserman reports that some place blame with prior leadership of the senate’s Law and Justice Committee. Sen. Mike Padden, R-Spokane Valley, who has been replaced by Pedersen as chairman of that committee, would not grant past death-penalty bills a hearing.

“I don’t anticipate I’ll be supporting the bill,” Padden said this week. “Some crimes are so heinous and so brutal that I think the death penalty is appropriate”

Padden pointed out that capital punishment also has been used as a negotiating tool against some of the state’s most egregious offenders, including serial killer Gary Ridgway. Ridgway — also known as the Green River killer — agreed to tell prosecutors the whereabouts of victims in exchange for the death penalty being taken off the table in his case.

Apparently, the state’s prosecutors are split on whether to abolish the death penalty.

“The death penalty is a question with profound moral implications, certainly worthy of wide discussion,” Pierce County Prosecuting Attorney Mark Lindquist said. “That discussion should not be limited to legislative debate in Olympia, but instead should be the subject of civic dialogue around the entire state.”

Tom McBride, the executive director of the Washington Association of Prosecuting Attorneys, defended the death penalty while leaving the door open for future reform.

“The constitutionality and evenhanded imposition of the death penalty in Washington State are issues that we will defend; but the costs, timely imposition and ultimate appropriateness of death for aggravated murder is certainly open to debate,” McBride told The News Tribune via email.


Wasserman reports that critics of the death penalty have long scrutinized the practice as a high-stakes arm of an imperfect justice system that can — and has — executed innocent people. More than 150 people nationwide have been exonerated from death row since 1973, according to data from the National Coalition to Abolish the Death Penalty (NCADP).

One of those cases occurred in Washington. Benjamin Harris was sentenced to death in 1986 for the murder of Jimmie Lee Turner, a Tacoma auto mechanic, only to have the charges dropped on appeal 11 years later. Inadequate defense counsel may have led to Harris’ initial conviction, a point NCADP program director Toni Perry believes is emblematic of wealth disparities in capital sentencing.

“Minorities, persons with diminished capacities who can’t defend themselves, who can’t get a good attorney — it’s arbitrary. There are no rich people on death row,” Perry said.

The death penalty also comes with fiscal baggage. Largely due to legal fees in the appeal process, the death penalty costs an average $1 million more per case than life imprisonment in Washington, according to a 2015 Seattle University study of state convictions.

For these reasons, Washington Attorney General Bob Ferguson called upon the Legislature to do away with the practice last year. Five states — New Jersey, New Mexico, Illinois, Connecticut and Maryland — have since 2007 passed legislation to eliminate their death penalty.

“There is no role for capital punishment in a fair, equitable and humane justice system,” Ferguson, who requested this year’s bill, said in 2017 press release.

“Whether new leadership and a Democratic majority will be enough to achieve the goal one year later remains to be seen,” reports Wasserman.


Wine Glass Sizes Are Increasing

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An article by of the Guardian reports that scientists at the University of Cambridge have found that the capacity of wine glasses has ballooned nearly seven-fold over the past 300 years, rising most sharply in the last two decades in line with a surge in wine consumption.

Wine glasses have swelled in size from an average capacity of 66ml in the early 1700s to 449ml today, the study reveals – a change that may have encouraged us to drink far more than is healthy. Indeed, a typical wine glass 300 years ago would only have held about a half of today’s smallest “official” measure of 125ml.

Smithers reports that the university’s behaviour and health research unit quizzed antique experts and examined 18th-century glasses held at the Ashmolean museum in Oxford, glassware used at Buckingham Palace, and more recent glasses in John Lewis catalogues.

The evidence was clear: the newer glasses were bigger.

The study, published on Wednesday in the BMJ, measured wine glass capacity from 1700 to the present day to help understand whether any changes in their size might have contributed to the rise in wine consumption.

“Wine will no doubt be a feature of some merry Christmas nights, but when it comes to how much we drink, wine glass size probably does matter,” said Prof Theresa Marteau, director of the Behaviour and Health Research Unit at the University of Cambridge, who led the research.

In 2016, Marteau and her colleagues carried out an experiment at the Pint Shop in Cambridge, altering the size of wine glasses while keeping the serving sizes the same. They found this led to an almost 10% increase in sales.

Smithers reports that for the new study, the researchers obtained measurements of 411 glasses from 1700 to the modern day. They found wine glass capacity increased from 66ml in the 1700s to 417ml in the 2000s, with the mean wine glass size in 2016-17 even higher at 449ml.

“Wine glasses became a common receptacle from which wine was drunk around 1700,” says author Dr. Zorana Zupan. “This followed the development of lead crystal glassware by George Ravenscroft in the late 17th century, which led to the manufacture of less fragile and larger glasses than was previously possible.”

The study points out that alcohol is the fifth largest risk factor for premature mortality and disability in high income countries. In England, the type of alcohol and volume consumed has fluctuated over the last 300 years, in response to economic, legislative and social factors. Significantly, wine consumption increased almost fourfold between 1960 and 1980, and almost doubled again between 1980 and 2004, a trend attributed to better marketing and licensing liberalisation which allowed supermarkets to compete in the lucrative drinks retail business.

“Our findings suggest that the capacity of wine glasses in England increased significantly over the past 300 years,” added Zupan.

“Since the 1990s, the size has increased rapidly. Whether this led to the rise in wine consumption in England, we can’t say for certain, but a wine glass 300 years ago would only have held about a half of today’s small measure.”

The strength of wine sold in the UK has also increased since the 1990s, adding to the amount of pure alcohol being consumed by wine drinkers.

In England, wine is increasingly served in pubs and bars in 250ml servings, with smaller measures of 125ml often absent from wine lists or menus despite a regulatory requirement that licensees make customers aware of them.

The Wine and Spirits Trade Association said sociological trends were probably part of the reason for the growing wine glasses.

“The size of a wine glass reflects the trend and fashions of the time and is often larger for practical reasons” said the WSTA chief executive Miles Beale. “Red wine, for example, is served in a larger glass to allow it to breathe, something which perhaps wasn’t a priority 300 years ago.”

Drink responsibly. If, however, your family or friends are charged with DUI or face any other alcohol-related charges, then contact my law offices and schedule a free consultation. You need effective and competent representation before the judge, prosecutors and the Department of Licensing.

Poll: 6 In 10 Black Americans Say Police Unfairly Stopped Them Or A Relative

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News article by Joe Neel  of NPR says that a new poll out this week finds that 60 percent of black Americans say they or a family member have been stopped or treated unfairly by police because they are black. In addition, 45 percent say they or a family member have been treated unfairly by the courts because they are black. The poll is a collaboration between NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health.

The poll reveals the consequences of these stops for black Americans personally and across society — 31 percent of poll respondents say that fear of discrimination has led them to avoid calling the police when in need. And 61 percent say that where they live, police are more likely to use unnecessary force on a person who is black than on a white person in the same situation.

Previous polls have asked similar questions, but ours is unique in that it’s the first to ask about lifetime experiences with policing. It’s part of NPR’s ongoing series “You, Me and Them: Experiencing Discrimination in America.”

Pew Research poll in 2016 asked whether people had been unfairly stopped by police because of race or ethnicity in the previous 12 months and found that 18 percent of black people said yes. A 2015 CBS News/New York Times poll asked whether this had ever happened and found 41 percent of black people said yes.

Neel reports that the NPR poll differs from Pew in that NPR asked not only about a much longer period but also whether people had been unfairly stopped or treated because of their race or ethnicity. Also the NPR poll differ from CBS in that NPR included the word “unfairly.” Finally, the NPR poll differs from both the Pew and CBS polls because NPR asked whether a person or a family member had had this experience, which gives a better sense of the presence of these experiences in respondents’ life and surroundings.

Neel also reports that the black American data from our poll, released Tuesday, were compiled from 802 black Americans as part of a large national representative probability survey of 3,453 adults from Jan. 26 to April 9. The margin of error for the full black American sample is plus or minus 4.1 percentage points.

It is imperative to contact a competent attorney if you, a friend or family member were pulled over, searched and/or seized by police under suspicious circumstances. Please contact my office for a free consultation.

Female Attorneys Interrupted More Than Males

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Informative article by reporter Tom Jacobs of the Pacific Standard claims that female attorneys arguing before the United States Supreme Court  are treated differently than their male counterparts.

Jacobs reported that in a recently published study, University of Alabama scholars Dana Pattonand Joseph Smith analyzed the transcripts of 3,583 oral arguments presented to the court over more than three decades. They found “female lawyers are interrupted earlier and more often, allowed to speak for less time between interruptions, and subjected to more and longer speeches by the justices compared to male lawyers.”

Their study, published in the Journal of Law and Courts, provides evidence that deep-seated gender bias infects even a top-level government institution that is rigorously committed to equal treatment.

Jacobs reports that the researchers analyzed written transcripts of all Supreme Court oral arguments from 1979 through the end of the 2013 term. It found 10.9 percent of the attorneys making these (usually 30-minute) presentations were women—a figure that increased to 14.2 percent after the 2000 term.

“Men were allowed an average of 225 words before the first interruption (by a justice), compared to 192 words for women,” they report. “Male lawyers spoke an average of about 95 words between interruptions, compared to 83 words for female lawyers.”

“Justices’ interruptions are both longer and more frequent during presentations by female lawyers,” the researchers add. “Justices interrupted women an average of 51.3 times, compared to 49.2 times for men.”

“Could this be explained by the fact that female lawyers represent different kinds of clients?” asked Jacobs. To control for that possibility, Jacobs said that the researchers compared the experiences of men and women lawyers representing the U.S. Office of the Solicitor General.

They found that, compared to their male counterparts, women representing the solicitor general’s office “are allowed fewer words at the beginnings of and during their presentations, and they endure longer and more frequent interruptions.”

OK, but is it possible that women are more likely to represent underdogs—perhaps ones with weaker cases that are more prone to challenge? Perhaps, but the researchers found it doesn’t matter.

“Female lawyers do not enjoy the well-documented positive effect of being on the winning side of a case,” they write. “While male lawyers are treated substantially more deferentially when they represent the winning side of a case, female lawyers enjoy no such benefit.”

Jacobs reported, somewhat surprisingly, “the increasing number of female justices on the court does not seem to have mitigated the disparate treatment of female lawyers,” the researchers add. The only element that tempers this tendency is “when the legal dispute concerns a gender-related issue.” In such cases, they found female attorneys are not disadvantaged, presumably because issues of sex and bias are front and center in the justices’ minds.

Jacobs points out that the researchers argue that their findings have implications that go far beyond the Supreme Court. If women professionals are treated unfairly “in a place one would least likely to expect it,” they write, “men likely receive more deferential treatment from bosses and coworkers in all manner of workplaces compared to their female counterparts.”

My opinion? It’s a terrible injustice to the legal system if these findings are correct and no reasonable explanation exists otherwise. Perhaps the findings show a larger disturbing trend. According to U.S. Census Bureau data, in 2014 the median pay for full-time female lawyers was 77.4 percent of the pay earned by their male counterparts. Also, in all law-related jobs, median pay for female workers in 2014 was 51.6 percent of the pay received by male workers.

As Jacobs states toward the end of his article, “Perhaps professional women are at an inherent disadvantage, no matter if the authority figure they answer to is wearing an expensive suit, or a judicial robe.”

Visions of Freedom

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In her article titled Visions of Freedom, author Hanna Kozlowska discusses  a New York art exhibit where artists capture the artistic requests of inmates held in solitary confinement.

The project “Photo Requests from Solitary” offers inmates held in solitary confinement a chance to ask for any image that they want, and to get their request fulfilled by professional photographers, artists. The inmates’ ideas range from the mundane to the elaborate—from a simple photo of a frog in its natural habitat, to an imaginary scene where a black man dramatically unshackles.

According to Kozlowska, the exhibition opened Sept. 13 as part of Photoville, a photography festival in New York’s Brooklyn Bridge Park. Viewers see the requests and the photos alike. It’s meant to raise awareness about solitary confinement, as a movement to abolish isolation in New York prisons is gaining ground. Meanwhile, the photos, sent to inmates in their cells, provide them some form of relief in conditions of extreme sensory deprivation and isolation proven to be psychologically damaging.

“The idea is that human imagination can survive even this,” said Jean Casella co-director of the watchdog group Solitary Watch. “When you ask people what they want to see, there’s never any shortage of images or fantasies… Part of the message of this show is that you can’t take that away, no matter what you do.” The exhibit also shows the inmate’s detailed requests, which the organizers say are just as powerful, if not more moving to the viewer.

The project started in 2009, within a group working to shut down the notorious Tamms Correctional Center, a super-max prison in Illinois. The inmates were strictly isolated from each other and the outside world, says Laurie Jo Reynolds, an artist and activist.

When discussing a poetry exchange with inmates, someone asked if they could send the prisoners photos. But with each photo sent, the inmate would have to give up one of their own. Reynolds asked: “Why not ask them what they want?”

Tamms was shut down in 2013, and the project was expanded to other states. The Brooklyn exhibition shows requests and photos from New York.

Over the years, certain categories emerged in what the inmates wanted to see in their cells. “I think those categories are useful in thinking about the experience of being in prison,” Reynolds says.

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My opinion? It’s a wonderful idea. Legally speaking, there’s strong debate that solitary confinement is “cruel and unusual punishment” prohibited by the Eighth Amendment to the Constitution. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.

Artistically speaking, inspiration can come from many places. Dark and lonely places; even, where people are forgotten, downtrodden, separated from families and their aspirations destroyed by their choices and terrible circumstances. What do prisoners think about when placed in solitary confinement? What does one dream and yearn for? These visions of freedom are powerful indeed.

Hate Crimes Rising?

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The Seattle Police Department Office of  just released its semiannual report detailing bias crimes and incidents for the first half of 2017. During this time, a total of 178 criminal and non-criminal bias based incidents were reported, up from the 128 incidents reported at the same time last year.

The report indicates that the increase can be attributed in large part to victims feeling more comfortable reporting bias crimes due to enhanced trust, improved reporting mechanisms and ongoing community outreach by the Department.

“SPD continues to be a national leader in investigating and reporting bias crimes as well as outreach to communities experiencing these acts,” said Chief of Police, Kathleen O’Toole. “In the spirit of transparency and accountability we continue to release these reports letting the community know that the Department works hard every day to make sure our most vulnerable victims are heard and we pursue the justice they deserve.”

Highlights From the Report:

  • Bias crimes often occur between complete strangers and take victims by surprise. Many of them are property crimes committed anonymously under the cover of darkness. The Seattle Police Department’s clearance rate for these incidents is 39%. Many of these arrests are made by patrol officers arriving on the scene soon after an incident has occurred. Detectives work hard to locate suspects not found at the time of the incident. 13 cases from this period remain open and may be cleared by arrest.


  • The Seattle Police Department’s Bias Crime Coordinator partnered with community organizations to reach out to some of Seattle’s most vulnerable populations. Refugee and immigrant populations were a focus for outreach during this period. Information has been distributed in 18 different languages describing how to report a crime.


  • The highest rate of increase in reporting is in the category of crimes with bias elements, which are incidents which are not primarily motivated by bias, but bias language is used during the commission of a crime. These incidents went up 64%. Officers and the community recognize and report bias when they observe it.

“The first half of 2017 was characterized by a high level of interest in the community regarding hate crimes, as evidenced by the high rate of reporting in Seattle. I was contacted many times by people wanting to report incidents they had witnessed, or asking how they could help if they were to see someone being victimized,” said Detective Beth Wareing, Bias Crimes Coordinator. “We rely on the community to stay involved and aware for our efforts in combating hate crimes to be successful. The community is our most valuable partner.”

“SPD has adopted a number of best practices with regards to hate crime prevention, response and reporting,” said Dr. Jack McDevitt, Director of Institute on Race and Justice, at Northeastern University and a leading expert in bias crimes. “The Department has made numerous efforts toward improving both the data collection and reporting of bias crimes incidents. This data is not only collected, but analyzed monthly, a rarity in law enforcement.”

The Seattle Police Department encourages you to call 911 immediately if you’ve been a victim or witnessed a bias crime and lists the following resources available to victims of hate crimes:

Bias Crimes Report First Half 2017

SPD Unveils New Bias/Hate Crimes Dashboard

Bias/Hate Crimes Dashboard 

Bias Crime Unit

SPD AMA | I am a Bias Crimes Detective – Ask Me Anything

SPD Safe Place Program

Understanding and Reporting a Bias Crime Brochure

Bias Crimes and Bias Incidents Synopsis – 1st Half 2016

Bias Crimes and Bias Incidents Synopsis – 2nd Half 2016

Top Cop Says Police Militarization Endangers Public Safety.

Excellent article by Major Neill Franklin, Executive Director, Law Enforcement Action Partnership says that the Trump administration wrongfully revoked President Obama’s Executive Order 13688, which limited the scope of a federal program that allows state and local police departments to obtain military equipment free of charge.

“I’m convinced that the 1033 Program has been one of the single greatest contributors to the public losing trust in law enforcement,” said Major Franklin.

He further said that scrapping Executive Order 13688 means police departments will again have unfettered access to high caliber guns, grenade launchers, and armored vehicles, among other forms of military equipment. “During a time when criminal justice and police reform have bipartisan support, this decision shows a clear misunderstanding both of what Americans want and, more perilously, of what’s truly effective at improving public safety.”

In his article, Major Franklin said that the use of such equipment for regular police work damages police-community relations. Militarization has eroded public trust in police, the effectiveness of law enforcement overall, and ultimately, public safety.

“Officers need to engage in crime prevention and crime fighting activities that work,” said Major Franklin.  They do not need to participate in programs that waste resources and create dangerous situations for both law enforcement and the public. He claimed that in the SWAT raids studied by the ACLU for its 2013 report, War Comes Home, 79 percent of SWAT deployments were issued to execute search warrants, mostly for drugs. Somewhere between 36 and 65 percent of those drug searches resulted in no discovery of illegal contraband. “Even if everything goes smoothly and nobody gets injured or killed during a raid, it’s still an enormous waste of time and extremely dangerous for both officers and civilians.”

“An all-too-common SWAT scenario is one where SWAT’s involvement escalates a nonviolent situation into a deadly one,” said Major Franklin. “Imagine that you are awoken at dawn by the sound of men shouting and battering down your door. You can’t hear what the voices are saying, but you realize your home is being invaded. Your instinct tells you to grab your lawfully owned gun and face the intruders. You race downstairs and make it to the front door only to find the intruders are police – and they think you have drugs. The police are scared of an armed man running toward them, and you’re barely awake. You’re confused. And then shots are fired. Nobody remembers who pulled the trigger first.”

“With each of these incidents, public trust in the police erodes,” said Major Franklin. He claimed that research shows people who don’t trust police are less likely to report a crime.  “I can tell you from experience it makes them much less likely to cooperate in investigations. Without the community to help us, police work — the hard work of solving rapes and homicides and kidnappings — becomes nearly impossible.

Major Franklin said his philosophy is instead guided by the Nine Principles of Policing set forth by Sir Robert Peel and his commissioners nearly 200 years ago, which have set the standard ever since. The very first principle is to prevent crime and disorder, as an alternative to their repression by military force.

“I support replacing the 1033 Program with one in which officers must demonstrate competence, be trained in proper equipment usage, and may only use military equipment for hostage, active shooter, and barricade scenarios.  I believe this because I became a police officer to protect people. When people fear the police more than they fear crime itself, the legitimacy of the career I loved so much becomes meaningless,” said Major Franklin.

Should Police Always Be Allowed to Shoot?

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Great article from Lawyer Monthly on the issue of whether police should be allowed to use deadly and lethal force under various circumstances.

It wrote that according to civil rights attorney Rodney Diggs with Ivie, McNeill & Wyatt, “The LAPD faces a need for systemic change”. In May 2017, the LA police commission unanimously approved 25 new recommendations, after discovering alarming findings in the LAPD’s first ever, Use of Force Report.

Diggs, who has handled multiple wrongful death lawsuits stemming from officer-involved shootings and individuals with mental disabilities, believes these recommendations are a step in the right direction.


“Over the years I have practiced, I have seen [approximately] 50-60% increase in wrongful death cases related to individuals suffering from mental disabilities/illness.”

According to the article, Lawyer Monthly surmised that such a vast increase of wrongful deaths is cause for huge concern. Therefore, what accounts towards this increase?

“The changes are due to the officer’s lack of being trained and dealing with individuals who suffer from mental illnesses,” says Diggs. “Conventional police training directly clashes with effective tactics for resolving a typical mental health crisis. Unfortunately, much of that training relies on a command-and-control approach that can lead to dangerous escalations in the use of force.”


“It’s more of a lack of training,” said Diggs. “Proper training takes time and money and the reason to why departments may not choose to use resources needed to train officers, is because the value may be hard to quantify. Once departments realize that it may cost money upfront for training but ultimately will save money and lives, they will see the return on investment.”

Training ought to enhance the public’s trust and to lessen the cases we are seeing involving mishandling alleged perpetrators. Rodney says: “Training will teach officers that they do not have to approach a situation and take action right away.  But in a medical emergency, slowing it down, getting additional resources and perhaps even stepping back should be the norm.

“When the public sees that someone’s life is saved because an officer properly assessed a situation and now that family doesn’t have to lose a loved one, then the public will trust that the police are equipped to handle these situations.”


“Additionally, the media plays a big role in the perception of its viewers,” said Diggs. He elaborated that the media can either assist in enhancing the public’s trust or incite fear. “So if we want to bridge the gap between officers and civilians, the media needs to highlight instances in which officers do the right thing in a very sticky situation.”


“Use of force is never acceptable unless the force used is objectively reasonable and used only when necessary to accomplish lawful objectives,” said Diggs. “Officers have to assess the situation and determine which use of force should be used in their specific situation.”


In the article, Rodney outlines the factors officers should use when deciding whether to use force and what type of force option to use:

(1) Whether the suspect poses an immediate threat to the officer or others;

(2) The severity of the crime;

(3) Whether the suspect is actively resisting arrest; and

(4) Whether the suspect is a flight risk or attempting to escape custody.

Further, deadly force should only be used if there is an immediate threat of death or severe bodily injury to the officer or another.

However, implementing an effective process will not be easy. The article states that one possible method of improving often involves implementing better and stronger sanctions; so, we wonder whether those involved in wrongful deaths need to be better sanctioned.


“A lot of times we see that criminally, officers are not charged with murder or even disciplined within their own departments,” said Diggs. “Despite the monetary compensation that may be awarded to families, the officers face no discipline and the money that is being paid is not being paid out of the officer’s pockets.  Monetary compensation by way of settlement, or event civil verdicts, does not equate police reform.

“Greater sanctions would cause a deterrent and would cause officers to think twice and consider the reasonable and appropriate force options available to them or opt not to use force, especially deadly force, when it’s not needed,” says Diggs.

The OIG Report of National Best Practices report itself discusses the following options:

  • Increased de-escalation training, and adopting de-escalation as a formal agency policy.
  • Discouraging force against those who pose a danger only to themselves.
  • Other options, such as chemical spray and personal protection shields.
  • Providing prompt supervisory response to critical incidents to reduce the likelihood of unnecessary force.

You can read the full proposed report here.

My opinion? Great article with excellent suggestions from Mr. Diggs.

Increased Rape on Campus

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Alexander F. Ransom

Attorney at Law
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