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San Antonio Defense Lawyers

Should we use a test that labels child criminals? Part 2.

In our last post, we raised a highly-debated question: Should children in San Antonio be tested and labeled as sociopaths? The testing does not guarantee that children will commit crimes, but it can identify characteristics that show they may be more likely to become criminals. The exact number of sociopaths and psychopaths (used synonymously) in the country is not known, but researchers believe about 1 percent of the population are psychopaths.

By comparison, about 15 to 25 percent of the offenders in prison are sociopaths, and they are responsible for a disproportionately high number of violent crimes and murders. So if children who could grow up to represent those statistics could be identified, should they be?

Is there a test that labels child criminals? Should we use it?

Are there traits that can be identified in people who commit crimes? Some scientists argue that there are. Traits for sociopathy and psychopathy can be tested for and identified in young children, but many people in San Antonio debate whether that is a good idea.

The testing does not guarantee that an individual will commit crimes; it merely identifies sociopathic and psychopathic traits in children. Although not all sociopathic and psychopathic (used interchangeably) people end up in prison, the number of sociopaths in prison is disproportionately high compared to the estimated total number of sociopaths in the country.

Regardless, the debate remains: Should children be tested for and labeled as sociopaths?

San Antonio drug bust reveals $8 million worth of cocaine

San Antonio authorities have announced a drug seizure of 353 kilograms of cocaine valued at more than $8 million. The drug bust, which comes on the heels of a drug ring bust resulting in almost one dozen arrests, is the product of a three-year investigation by local law enforcement.

In total, San Antonio police indicted 22 people on drug charges. Viewed from a larger scope, the recent arrests and drug busts have enabled law enforcement to tear apart one of the major drug trafficking organizations in the area. The investigation was a collaboration between the United States Drug Enforcement Administration in San Antonio and the Texas Department of Public Safety.

If they are convicted of the charges, the suspected drug dealers could spend anywhere from 10 years to life in a federal prison.

San Antonio man wrongly accused in beach assault of college student

People throughout San Antonio have probably heard about the brutal assault of a college student on South Padre Island. The severity of the assault and the typically serene nature of the island meant the attack garnered a lot of attention, both from law enforcement officials and the media.

One police officer from the area was even quoted saying that they were going to make life "a living hell" for the attackers to help ensure that similar assaults do not occur again. The officers' zealous attitude may be warranted, but with that attitude, it's not surprising that they made arrests first and asked questions later.

The result? It was almost inevitable that someone was wrongfully arrested. A San Antonio man was wrongly accused of taking part in the assault, and he spent 20 days in jail.

Pimp, client, prostitute: Who may be charged in prostitution cases?

If you have ever seen Cops, you may have an idea of what happens when an individual is arrested for prostitution. Historically, when an individual in Texas is arrested for prostitution, it is typically the woman who sold her body for sex who would face the most charges. Although pimps or clients may be arrested, it's less common.

Now, that's about to change. In a legal change that is sweeping the country, law enforcement officers are now focusing their attention on clients and pimps during prostitution arrests. Rather than being treated like criminals, prostitutes will be treated as the victims of their pimps, and they will be offered services to help them rebuild their lives.

But the person getting arrested is not the only thing to change. The charges those individuals could face are also increasing. Although the laws vary by state, it is likely that Texas will see changes similar to the changes seen on the East coast.

Are penalties too harsh for drug arrests in Texas?

In the 1990s, the federal government began a zero tolerance policy for drugs. It did not take long for state and local jurisdictions to follow. The more arrests on drug charges they could show the feds, the better it put them in with supporting agencies. It helped them get grants for high-tech investigative equipment, and even weapons.

Higher rates of criminal charges for drugs assured an even more lucrative business for law enforcement agencies. The new federal emphasis allowed confiscation of anything related to drug distribution. Perhaps that is why Texas continues the practice despite an inconvenience for law enforcement. In Texas, like everywhere else, zero tolerance has not done anything to diminish criminal drug use.

Are Texas inmates in prison because of flawed DNA results? Part 2

DNA can be one of the most critical pieces of evidence used during a criminal trial. When experts say that a DNA sample from a crime scene matches DNA from an alleged criminal, it is often just a matter of time until the individual is imprisoned on criminal charges.

In our last post, we mentioned that most people don't question the validity of DNA samples. As a result, several people in Texas have been wrongly convicted because of faulty DNA tests provided by the FBI.

The Justice Department knows that DNA errors have been made in cases, but how widespread are those errors, and how large of an impact do those errors have on the case?

Are Texas inmates in prison because of inaccurate DNA results?

In many criminal defense cases, forensic evidence is one of the main things that helps prove a person's guilt or innocence. In a typical case, if DNA evidence from a crime scene is said to match the DNA from the alleged criminal, it can be the final push in convincing a jury that the individual is guilty of the criminal charges.

Unfortunately, most people don't question the validity of the DNA samples, and many people in Texas have been left in prison because of faulty DNA evidence. In reality, because DNA testing is done by humans, and because there appears to be a shortage of oversight into the accuracy, human errors occur.

There have been several instances in which inaccurate DNA samples led to the wrongful conviction of innocent people. Moreover, once prosecutors learned that those individuals may have been wrongfully convicted, nothing was done to protect the legal rights of the incarcerated people.

Mother pleads guilty to drug possession while chaperoning fieldtrip

Some people think that criminal defense attorneys are only successful if they are able to prove that an individual did not commit any of the things he or she was accused of doing. There are situations in which criminal defense attorneys are able to accomplish that mission, but there are several other possible outcomes that can also be favorable for individuals facing criminal charges in San Antonio.

Recently, a 28-year-old mother was charged with heroin possession and misdemeanor possession of drug paraphernalia. In the state where the mother was arrested, the maximum sentence for heroin possession is more than three years of incarceration and a $10,000 fine.

Because the mother was caught with the drugs while she was chaperoning her 7-year-old daughter's fieldtrip, several school district officials have remained vocal throughout the case, and they are hoping to see the mother receive a harsh penalty.

Media wrong again: Book about Sandusky filled with inaccuracies

Some people have the ability to quickly write things that are both accurate and compelling. However, few authors would dispute that the best thing that can be done to writing is to revise and edit it. Many authors spend more than a year making changes to a story before it can be sent to the publisher.

Two authors -- Bob Dvorchak and Bill Moushey -- spent 10 weeks writing about Jerry Sandusky, Joe Paterno and the sex abuse scandal at Penn State. In a matter of months, the two men turned the national headlines into a book that is already published and available to buy.

But why? Sanduksy hasn't even finished his trial, and no conviction has been handed down.

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