Determining a true threat

Geoffrey Talmon Articles

On Monday the Supreme Court heard oral argument on a contentious First Amendment case, trying to determine whether online threats can be criminally prosecuted. The case concerns a Pennsylvania man who took to the Internet to express his feelings about his domestic troubles via a rap persona called Tone Dougie.  The man’s violent rap lyrics were posted on Facebook and …

Idaho last in protecting juvenile records

Geoffrey Talmon Articles

The Juvenile Law Center (JLC) has released a study rating all 50 states and Washington, D.C., regarding how well they protect the records of juvenile offenders in their criminal systems. The study, which rated each state on both its confidentiality practices and its expungement practices, said that Idaho’s combined score was the worst in the nation, resulting in Idaho being …

Pending high court case could have had big-time ramifications for Idaho

Geoffrey Talmon Uncategorized

The Supreme Court of the United States will hear yet another Obamacare case. It is King v. Burwell, a case challenging Obamacare’s subsidy scheme as it applies to states with federal exchanges rather than state ones. At the heart of King v. Burwell is the decision by Congress to apply Obamacare’s subsidies to exchanges “established by the State.” Challengers to …

Terminally ill should have the right to do what they can to prolong life

Geoffrey Talmon Articles

On Election Day, Arizona became the fifth state to adopt a “Right to Try” law that permits terminally ill patients the right to try experimental drugs without needing to seek approval of the FDA. Arizona, the first state to pass the law via voter initiative, joins Colorado, Louisiana, Michigan and Missouri as a Right to Try state. Arizona voters passed …

‘Criminal frequenting’ is a trap door that should be sealed shut

Geoffrey Talmon Articles

One crime that has held my ire is “criminal frequenting.” Most traditional crimes in the Idaho Code are appropriately contained in Title 18, under the heading “Crimes and Punishments.” “Criminal frequenting,” however, is found in Title 37, Chapter 27, along with many other crimes, under “Uniform Controlled Substances.” According to I.C. 37-2732(d): “It shall be unlawful for any person to …

Unchecked civil forfeiture an open invitation for abuse

Geoffrey Talmon Articles

Civil forfeiture is the process by which law enforcement agencies are able to seize the property of citizens upon the belief that the property has been used in the commission of a crime, or was obtained using the proceeds of a crime. This power, however, has been interpreted very broadly. For example, according to the website of the Bannock County …