Government

Carmel facing another federal lawsuit for its traffic ordinance

June 7, 2016
Lindsey Erdody, IBJ Staff
Jason Maraman, who recently won a state lawsuit appealing his traffic ticket from Carmel, filed a new complaint in federal court on Friday. He is accusing the Carmel police officer who pulled him over of giving false testimony and targeting his vehicle for having an out-of-county license plate.
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US justices take death row appeals, Virginia redistricting case

June 6, 2016
 Associated Press
The Supreme Court of the United States accepted three cases Monday, including two that claim race is a factor.
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High court rejects appeals by Google, Ecuador and musician

June 6, 2016
 Associated Press
The Supreme Court of the United States won't hear an appeal from Google over a class-action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
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New overtime rules force hard choices for employers

June 6, 2016
Hayleigh Colombo, IBJ Staff
For Purdue University—the state’s eighth-largest employer—new overtime rules could mean an $8 million or so hit to the school’s already-stretched budget.
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Half of Indiana police don't report hate crimes data to FBI

June 6, 2016
 Associated Press
More than half of Indiana's police agencies failed to file hate crime reports with the FBI between 2009 and 2014, a trend advocates say is troubling and one reason why state lawmakers need to change the state's standing as one of five states without a hate crime law.
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More than 230 attorneys suspended for CLE, fee noncompliance

June 6, 2016
IL Staff
The Indiana Supreme Court on Friday released its list of attorneys who have failed to pay attorney registration fees, have not complied with continuing legal education requirements and/or failed to submit Interest on Lawyer Trust Accounts certifications.
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Obama commutes drug sentence of South Bend man

June 6, 2016
 Associated Press
President Barack Obama has commuted the 20-year sentence of a South Bend man imprisoned in 2004 after pleading guilty to federal drug-trafficking charges.
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Federal jury rejects ex-prosecutor's pay bias claims

June 3, 2016
 Associated Press
A federal jury in Massachusetts has rejected the claims of a former prosecutor in the Suffolk District Attorney's office who alleged she was paid less than male colleagues because of her gender.
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Judge allows state vaping law to move forward

June 2, 2016
Hayleigh Colombo, IBJ Staff
A Marion County judge has ruled a state law regulating the manufacturers of vaping “e-liquids” can take effect July 1, shutting down an attempt to get a preliminary injunction on the law that they say will put them out of business.
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Justice lawyer who defended Obamacare at high court leaving

June 2, 2016
 Associated Press
The top Justice Department official who defended the president's health care law at the U.S. Supreme Court is leaving his job.
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DOC to close southern Indiana prison this month

June 2, 2016
 Associated Press
The state Department of Correction will close its minimum-security Henryville Correctional Facility in southern Indiana by July 1 in a cost-saving move, the agency announced Wednesday.
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ILS collaborates with East Chicago Housing Authority to help young adults

June 1, 2016
Marilyn Odendahl
Starting this summer, Indiana Legal Services will partner with the East Chicago Housing Authority to help local youths who have criminal records overcome the barriers to jobs, housing and education.
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Children's asylum approvals vary by US region

June 1, 2016
 Associated Press
For unaccompanied immigrant children seeking asylum in the U.S., where they apply seems to make a world of difference.
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Application period opens for crime victim program grant

June 1, 2016
IL Staff
More than $45 million in grants for programs that help victims of violent crime is being made available through the Indiana Criminal Justice Institute, which announced Wednesday that grant applications will be accepted through July 1.
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Column: Federal Trade Secrets Act signed into law

June 1, 2016
On May 11, President Barack Obama signed the Defend Trade Secrets Act of 2016 into law, thereby creating, for the first time, a federal system of trade secrets law.
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Darryl Pinkins’ freedom a long, emotional battle for IU professor, students

June 1, 2016
Dave Stafford
Darryl Pinkins walked out of prison a free man in April after almost 25 years, exonerated in a heinous 1989 rape by advances in DNA forensics. But before the science could free him, Pinkins needed someone to believe in his innocence.
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High-profile cases deplete county's public defender fund

May 31, 2016
 Associated Press
Officials are blaming an increase in drug-related activity and crime spilling over from Indianapolis for draining a suburban county's $500,000 public defender fund.
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Federal judge weighs order to halt homeless camp sweeps

May 27, 2016
 Associated Press
A federal judge is weighing whether to issue an order barring Fort Wayne from conducting periodic sweeps of the city's homeless camps.
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Indiana ministry sues zoning board over dairy farm approval

May 27, 2016
 Associated Press, IL Staff
An eastern Indiana ministry that operates a children's church camp is suing zoning officials over their approval of a large dairy farm that would be built within a half-mile of the camp.
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Man charged in Madison bombings targeting police, judge

May 27, 2016
IL Staff
Federal authorities announced Friday a 37-year-old Madison man has been charged in connection with two pipe bombings that rattled the Ohio River city in March.
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Michigan governor halts internal Flint probes after prosecutors object

May 26, 2016
 Associated Press
Michigan Gov. Rick Snyder on Thursday called for an end to civil and administrative investigations into how two state agencies contributed to Flint's lead-tainted drinking water crisis, after being warned they are hampering state and federal criminal probes.
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Indiana law change reduces state audits of local government

May 26, 2016
 Associated Press
A change in Indiana state law has meant that audits of local governments are being done less often.
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Recount set in Drake v. Orentlicher congressional primary race

May 26, 2016
Dave Stafford
The Indiana Election Commission on Thursday ordered a recount in a Democratic congressional primary election that pitted two attorneys vying to run against three-term incumbent Republican Rep. Larry Bucshon.
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IU challenges part of new abortion restrictions law

May 26, 2016
 Associated Press
The Indiana University board of trustees and three of the school's research officials filed a federal lawsuit Wednesday seeking to block part of the state's new abortion law that bars them from acquiring fetal tissue for scientific purposes.
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Governor: Texas suing over Obama's transgender directive

May 25, 2016
 Associated Press
The state of Texas is suing the Obama administration over its directive to U.S. public schools to let transgender students use the bathrooms and locker rooms that match their gender identity, Gov. Greg Abbott said Wednesday.
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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