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3 May 2013, 1:25 pm
Across the country, the criminal justice reform conversation is heating up. [read post]
2 May 2013, 8:04 pm
If a defendant is subject to criminal penalties under an ambiguous statute, the tie essentially goes to the defendant and the court will construe the statute against the government. [read post]
2 May 2013, 9:31 am
As a Supreme Court Justice, Clark continued to balance these competing interests, maintaining a strong pro-government position on national security issues even as he sometimes advanced constitutional protections of individual rights in certain areas, including criminal procedure. [read post]
1 May 2013, 9:01 pm
Legislators need to look at the leaders of these organizations in the eye and then endorse the justice system—to let victims go to court. [read post]
1 May 2013, 8:43 am
The Daily Caller points to a “Domestic Drone Information Center” launched by the National Association of Criminal Defense Lawyers. [read post]
1 May 2013, 6:38 am
For cases in Tampa, Florida, a petitioner for a violence injunction will be heard in the Circuit Court Division "G" and "H." [read post]
1 May 2013, 6:27 am
On February 15, Navajo Nation President Ben Shelly spoke fresh words at the opening of an impressive justice center in Tuba City: “We’re ready to have a federal court. [read post]
30 Apr 2013, 9:45 am
One journalist who covered the events has described the proceedings as “one of the most unusual trials in British criminal history. [read post]
28 Apr 2013, 1:32 pm
A comparison of the rights in the military commission trials to criminal trials in the Federal Court has been neatly summarized by Jennifer K. [read post]
28 Apr 2013, 12:59 pm
As one Supreme Court Justice expressed the matter: “[A] trial judge, acting as ‘gatekeeper’, must ‘ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable’. [read post]
26 Apr 2013, 12:19 pm
Unlike the criminal justice system, where judges are generally required to appoint counsel for defendants who cannot afford a lawyer, there are no safeguards in the immigration enforcement system to ensure the basic fairness of having legal representation for immigrants. [read post]
26 Apr 2013, 8:49 am
” [Disclosure: Goldstein & Russell, P.C. represented Achmed et al. and the Center for Justice and Accountability as amici curiae in support of the petitioners.] [read post]
25 Apr 2013, 6:06 am
In University of Texas Southwestern Medical Center v. [read post]
24 Apr 2013, 11:43 am
This case is centered on the “diminished capacity” defense — a claim, short of an assertion of complete insanity, that an accused person might make to show that some mental incapacity was behind criminal behavior, preventing that person from forming the intent to break the law. [read post]
24 Apr 2013, 7:25 am
Lancaster, the Court will consider when and whether a state can abolish a legal defense to a criminal charge without violating the Constitution. [read post]
23 Apr 2013, 6:11 pm
The Sixth Circuit majority said that the Supreme Court had often recognized the due process principle that a criminal law must give fair warning of what conduct is a crime. [read post]
22 Apr 2013, 11:12 am
Relatedly—and importantly from the standpoint of criminal procedure—court proceedings also were conducted earlier today, from Tsarnaev’s hospital room. [read post]
22 Apr 2013, 6:37 am
Texas Department of Criminal Justice, No. 12-41015 (January 14, 2013), http://turtletalk.files.wordpress.com/2013/01/chance-opening-brief-filed.pdf. [read post]
22 Apr 2013, 4:00 am
As Margaret Marshall, Chief Justice of the Supreme Judicial Court of Massachusetts, has noted, “justices of some foreign constitutional courts traverse the world of global jurisprudence with an agility that leaves an American judge breathless. [read post]
20 Apr 2013, 12:01 pm
Here's a link to the transcript (pdf) and the TXCCA opinion being challenged.At SCOTUSBlog, Lyle Dennistron suggested that, "If the sentiment that seems to run high in a Supreme Court hearing dictated how a case would come out, the Justices might well be on their way to declaring that the Constitution forbids prosecutors from telling juries that a suspect’s silence when talking to police in any criminal investigation means he is guilty." [read post]
