Criminal Procedure

How to become a federal criminal: It’s easier than you may think

In this episode of the Modern Law Library, lawyer Mike Chase talks with the ABA Journal’s Lee Rawles about crimes like impersonating a mailman, importing pregnant polar bears, selling mail-order dentures, and letting your falcon be filmed for a movie.

Jun 20, 2019 4:12 PM CDT

Liberating criminal justice data: How a Florida law provides a blueprint for the nation

In a self-imposed Sisyphean task, the team at Measures for Justice travels the U.S. unearthing, collecting and publishing criminal justice data. Today, Christian Gossett, district attorney for Winnebago County, Wisconsin, says more people are being released quicker pretrial, and he’s working with researchers to improve equity in diversion, thanks to the initial data made available by Measures for Justice.

Jun 18, 2019 6:30 AM CDT

Civil rights commission calls to end ‘invisible’ punishments for those with criminal convictions

According to the National Inventory of Collateral Consequences of Conviction of the Council of State Governments (a project launched by the ABA Criminal Justice Section in 2014), there are more than 44,000 state and federal laws and regulations that can stand in the way of the person getting back on their feet, and the commission is seeking ways to curb those barriers.

Jun 14, 2019 6:30 AM CDT

Breyer says SCOTUS has to decide whether Guantanamo detainees can continue to be held

U.S. Supreme Court Justice Stephen G. Breyer said Monday that the high court should consider whether the Constitution permits continued detention of Guantanamo detainees. Breyer called for Supreme Court action in a statement respecting its refusal to hear the case of Moath Hamza Ahmed al-Alwi, a Yemeni national who has…

Jun 10, 2019 11:14 AM CDT

46 ice cream trucks scooped up in ‘Operation Meltdown;’ mayor says it’s ‘the end of the road’

As part of the appropriately named “Operation Meltdown,” New York City seized 46 ice cream trucks June 5 for thwarting parking enforcement measures and evading millions of dollars of imposed penalties. The city alleges in a lawsuit filed May 30 against the owners of 76 ice cream trucks that the…

Jun 10, 2019 7:30 AM CDT

New Texas jail will house 1,600 immigrant youths, won’t be subject to child welfare licensing requirements

Updated: A complex that once housed oil field workers in southwestern Texas will soon become a massive jail that holds up to 1,600 immigrant children who arrive in the United States without their families. Because the new jail in Carrizo Springs, Texas, will be designated as an “emergency shelter,” it…

Jun 7, 2019 4:12 PM CDT

France bans publishing of judicial analytics and prompts criminal penalty

France has banned the publication of judge analytics, and breaking this law carries up to five years in prison. The new Article 33 of the Justice Reform Act reads: “No personally identifiable data concerning judges or court clerks may be subject to any reuse with the purpose or result of…

Jun 7, 2019 12:51 PM CDT

Would-be clients with white-sounding names got 50% more lawyer responses in California, report says

Lawyers in markets with less competition might be more likely to racially discriminate against clients seeking legal representation, a Yale researcher has concluded. Yale University lecturer and postdoctoral associate Brian Libgober drew that conclusion from a series of studies in which he sent emails requesting representation to lawyers in private…

Jun 6, 2019 3:26 PM CDT

‘Dead to Me’ is entertaining but digs only so deep into degrees of culpability

Stop right here if you still haven't watched (or are at least planning to watch) Netflix's newest dark comedy, Dead to Me. Reader beware: There are a few spoilers ahead. I'm not going to give everything away, but this column will touch on a few of the series's surprise twists and turns.

Jun 6, 2019 6:30 AM CDT

Ex-deputy faces 11 charges for alleged failure to protect students during school mass shooting

A former sheriff’s deputy accused of retreating during a mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, was arrested Tuesday on 11 charges in connection with his actions. Scot Peterson, 56, was charged with child neglect, culpable negligence and perjury, report the New York Times, the Orlando…

Jun 5, 2019 9:32 AM CDT

Alabama inmate is executed after a divided Supreme Court denies stay

An Alabama inmate who sought to die by nitrogen hypoxia was executed by lethal injection Thursday after the U.S. Supreme Court once again rejected a stay request.

May 31, 2019 9:15 AM CDT

Are inmates being exploited for our entertainment?

While Jailbirds offers very little educational value as it relates to the criminal justice system, the small amount of entertainment it supplies comes only at the expense of the inmates and their dignity.

May 30, 2019 7:00 AM CDT

Mueller: If his office had confidence Trump didn’t commit a crime, it would have said so

On Wednesday, special counsel Robert Mueller expressed reluctance to comment on his report investigating Russian interference in the 2016 presidential election and obstruction of justice by President Donald Trump. Speaking at a news conference, Mueller said he trusts that his statement will be the only comment on the matter.

May 29, 2019 11:18 AM CDT

Judge is on leave pending investigation into shooting of estranged husband

A Pennsylvania judge is on leave during an investigation into whether she was justified in shooting and wounding her estranged husband. A court spokesperson said Wednesday that Magisterial District Judge Sonya McKnight of Dauphin County has gone on paid leave, report PennLive.com and Fox 43. The Pennsylvania attorney general’s office…

May 23, 2019 12:28 PM CDT

Michael Avenatti accused of stealing from former client Stormy Daniels

Lawyer Michael Avenatti has been charged with stealing from adult film actress Stormy Daniels, the client he represented in a bid to invalidate her confidentiality agreement with President Donald Trump. Avenatti is accused of diverting to his own client trust account nearly $300,000 of an advance due to Daniels, whose…

May 23, 2019 10:53 AM CDT