Our summary retrospective of Justice Souter’s contributions to the Supreme Court’s criminal law jurisprudence continues. In addition to writing for the majority in many important criminal decisions, Justice Souter has authored concurring decisions in many cases, including criminal cases. While the Justice’s concurrences in criminal cases have typically been brief, Justice Souter has frequently raised […]
READ MOREInternet Tobacco Sale Lawsuit
The AP reports: “A group of cigarette distributors and sellerssued New York Wednesday seeking to overturn a law banning Internet, telephone and mail order tobacco sales.” The case is called Association of Responsible Cigarette Sellers v. New York, and the complaint is here. The commerce clause arguments here piggyback a bit on (but also differs from) last […]
READ MOREAmericans Fear Crime
Are you afraid of crime? Do you think about becoming the victim of crime often? According to the Sourcebook of Criminal Justice Statistics, many Americans fear becoming the victim of crime often. As I will show in this article, the fear crosses all linessex, race, education, age and profession. Subjects were asked if they were […]
READ MORECriminal Records For Residents Of New York
The State of New York keeps several different archives of information on criminal records. However, a minor problem is that majority of these sources of New York criminal records deal mostly with convictions. Criminal records for New York State do not necessarily warrant convictions. In fact, not all criminal records for New York result in […]
READ MOREBail Bondsman and the Criminal Justice System
A bail bondsman can be a good person to know when you find that you face some jail time. Sometimes a defendant in a court case cannot raise enough money to cover the entire bail amount. In such instances, the defendant, a relative, or a close family friend can approach a bail bond agent […]
READ MOREGonzales v. Raich One Year Later: The Argument In Raich is Far From Finished
(Note: This is the second in a series of posts related to the one-year anniversary of the Supreme Court’s decision inGonzales v. Raich, which will take place on June 6. The first post in the series, which deals with law enforcement action post-Raich) The Supreme Court’s decision in Gonzales v. Raich was a defeat for […]
READ MOREMedical Marijuana Motivates CPS to Remove Child From Home
An eleven-month child was grabbed by social workers and placed into foster care because of legally prescribed medical marijuana. The child’s father was put into handcuffs while the young mother cried. No law had been broken, Child Protective Services (CPS) has the uncontrolled power to tear families in a moment without trial, judge or jury […]
READ MORETop 10 Drug Law Blog Stories of 2008
Here are the Top 10 Drug Law Blog stories of 2008. Keep in mind that my stories reflect the focus of this blog — i.e. on changing areas of criminal drug law, with emphasis on California — and so do not add up to the same list that might be compiled by a lawyer who […]
READ MOREConstructive Amendments to the Indictment in the Eleventh Circuit
The government’s case in many instances will evolve or shift to some extent over the course of a criminal prosecution. It may be a long time between indictment and trial, and the prosecution may come into possession of new evidence before trial, or may not have thoroughly reviewed the evidence which it does possess until after […]
READ MORECriminalization of Journalism in America
Journalism is under fire in America. One of the basic bedrocks of America’s freedom is “Freedom of the Press.” In a way that the Founding Fathers may not appreciate, many people feel the US government today is slicing away at the basic rights of Americans. While the US government is targeting whistleblowers, it is […]
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