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Criminal Law

Crime and Consequences

Criminal law issues from the perspective of victims of crime and the law-abiding public.
By Kent Scheidegger et al.

Post Frequency: 1.8/day

Last Entry: November 25, 2008 at 18:31:33

"Exonerated," Not Necessarily Innocent

Posted on May 05, 2008
The anti-DP crowd is crowing over another "exoneration," once again obscuring the distinction between inability to reprosecute and actual proof (or even evidence) of actual innocence. DPIC, for example, has this description of the case of Levon Jones in North...

Sowell on Obama

Posted on May 04, 2008
Thomas Sowell has this column on Barack Obama, noting that eagerness to have a black President is not a good reason to elect this particular person as President: Just the power to nominate federal judges to trial courts and appellate...

DNA Cold Hits

Posted on May 04, 2008
"DNA matches aren't always a lock" is the headline of this LA Times story by Jason Felch and Maura Dolan. Cases where a suspect is identified by a "cold hit" database search involve different probability considerations than the typical case...

Blog Scan

Posted on May 02, 2008
The Constitution and Judicial Supremacy: At Bench Memos Ed Whelan and Matthew J. Franck have two posts on the Senate resolution that declared John McCain a "natural born" citizen under Article II, Section 1, of the Constitution of the United...

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News Scan

Posted on May 02, 2008
Justice Resumed?: Bill Mears at CNN has this story on post-Baze executions scheduled in Georgia and Mississippi next week. Intelligent Life at a College Newspaper An editorial in San Diego State University's paper, The Daily Aztec, suggests that "America's tough...

Blog Scan

Posted on May 01, 2008
Federal Sentencing at the Ninth Circuit: Douglas Berman at Sentencing Law and Policy posted his thoughts on today's Ninth Circuit sentencing decision in Tapia-Romero, No. 05-50121 (9th Cir. May 1, 2008). Berman's commentary questions whether the Ninth Circuit was correct...

News Scan

Posted on April 30, 2008
A Shift on The Supreme Court. L.A.Times writer David Savage suggests that the Supreme Court has changed its approach in deciding constitutional questions. The piece compares previous courts that were ?willing to strike down laws before they went into effect,?...

Blog Scan

Posted on April 30, 2008
Thoughts on the oral arguments in Kennedy v. Louisiana: Sherry Colb at FindLaw posted an article today reporting the the U.S. Supreme Court's oral arguments in Kennedy v. Louisiana. The article takes specific notice of Justice Ginsburg and Chief Justice...

Blog Scan

Posted on April 29, 2008
Comparison of Crawford and McConnell v. FEC: Orin Kerr at the Volokh Conspiracy had an interesting post today. Kerr compares the U.S. Supreme's decision in yesterday's Crawford v. Marion County Election Board with its 2003 decision in McConnell v. FEC,...

Ventura FedSoc Program

Posted on April 29, 2008
Tomorrow evening (Wednesday), the Gold Coast Chapter of the Federalist Society (Ventura County, CA) will have a program on "Murderers, Terrorists & Treaties: Current Supreme Court Cases on the Treatment of Aliens," discussing the Guantanamo cases and Medellin...

News Scan

Posted on April 29, 2008
DP Challenge Rejected: A Superior Court Judge in Delaware has dismissed a lawsuit challenging the state's lethal injection protocol. A story by AP writer Randall Chase reports that Robert Jackson's suit claimed that the state's protocol were illegally established because...

Blog Scan

Posted on April 28, 2008
Scalia on 60 Minutes: The Corner at National Review Online has a link to transcripts of Justice Scalia's interview with Lesley Stahl from 60 minutes. The interview aired last night on CBS. Gerard Bradley at Bench Memos also has this...

News Scan

Posted on April 28, 2008
Train Crash Could Result in Death Penalty. On the morning of January 26, 2005, Juan Miguel Alvarez parked his jeep on the Los Angeles Metrolink tracks about 1/2 mile from downtown Glendale. As a train full of commuters approached, Alvarez...

SCOTUS Monday

Posted on April 28, 2008
The Supreme Court reminded us in Crawford of the importance of cross-examination as an engine for the discovery of the truth. No, I'm not referring to Crawford v. Washington, 541 U.S. 36 (2004) but to today's decision in the voter...

News Scan

Posted on April 25, 2008
Is War on Terror a Crime? According to Rivkin and Casey in the Wall Street Journal, law professors, activist lawyers, and pundits are accusing the attorneys who have advised the President on the war on terror of aiding and abetting...

Journalists' Shield Law

Posted on April 25, 2008
The Federalist Society is having a program Tuesday in DC on a proposed federal "shield law" for journalists. Details here....

Merritt Upholds Death Sentence

Posted on April 25, 2008
Ohioans, sit down before you read this. The Sixth Circuit today upheld the conviction and death sentence of Marvallous Keene for "eight counts of aggravated murder, six counts of aggravated robbery, one count of aggravated burglary, one count of burglary,...

Religious Freedom in Prison

Posted on April 25, 2008
"Robert Loblaw" over at Decision of the Day points to the Seventh Circuit case of Koger v. Bryan, 05-1904 (7th Cir., April 24, 2008) reversing a district court's summary judgment dismissal of inmate Gregory Koger's claim under Religious Land Use...

Blog Scan

Posted on April 24, 2008
U.S. Sentencing Commission On Retroactivity of Crack Amendment: Thanks to Douglas Berman at Sentencing Law and Policy for his post on the U.S. Sentencing Commission's release of data on the retroactive application of the crack amendment. The Commission's data, found...

Amendments to the Federal Rules of Criminal Procedure

Posted on April 24, 2008
Yesterday, the U.S. Supreme Court adopted amendments to the Federal Rules of Criminal Procedure. The amendments implemented the Crime Victims' Rights Act (18 U.S.C. �3771). Yesterday's order amended Criminal Rules 1 (Scope; Definitions), 12.1 (Notice of an Alibi Defense), 17...

Mutiny on the Full Means

Posted on April 24, 2008
Among the powers granted to Congress is the power "To define and punish Piracies and Felonies committed on the high Seas." Art. I � 8 cl. 9. Yes, there really are cases of tyrannical captains and resulting mutinies to this...

Who Decides?

Posted on April 24, 2008
Patrick J. Buchanan has this editorial at Human Events, titled "The Greenhouse Effect": There is another and larger issue here. It is the question not of what is decided, but of who decides. Whether Citizen Stevens abhors the death penalty...

The Big Island

Posted on April 24, 2008
From Fox News: HONOLULU (AP) ? A 65-year-old first-time drug offender on the Big Island is facing a maximum 20-year sentence. The case against farmer David Finley of Volcano involves possession of more than 75 pounds of marijuana. Police say...

News Scan

Posted on April 23, 2008
Robot Bums-Rush. AP writer Greg Bluestein has this story about a homemade remote controlled robot built by ex-marine Rufus Terrill. The 300 pound waist high robot marked ?security? patrols the street in front of his Atlanta bar after dark,...

Imprisonment Article in the NYT

Posted on April 23, 2008
Adam Liptak has this article in the New York Times today on the controversy over incarceration rates and how ours is so much higher than Europe's. The article begins with the usual stuff we hear all the time. Later, it...

Decision Days

Posted on April 23, 2008
Today is the last day of oral arguments for the U.S. Supreme Court's current term. The term calendar shows "non-argument sessions" (in blue) on Monday of each week from now to June, except Memorial Day. The session is Tuesday that...

Rights, Remedies, and Arrests: Virginia v. Moore

Posted on April 23, 2008
The Supreme Court today decided Virginia v. Moore, holding 8-1-0 that an arrest based on probable cause is not a violation of the Fourth Amendment even though the officer was not authorized by state law to arrest for that offense....

Blog Scan

Posted on April 23, 2008
Giles Commentary: Yesterday, Richard Friedman's Confrontation Blog had this post by Joan Meier, of George Washington Law School and DV LEAP. Meier's post argues that the conflict between the confrontation clause and the forfeiture principle addressed in Giles v...

Reading tea leaves in the Baze sequels

Posted on April 22, 2008
Last Friday, this post at Capital Defense Weekly said, "Monday’s order list will give a better understanding of which challenges may or may not meet the plurality’s standard." Yes, I think so. Over at SCOTUSblog, Lyle Denniston writes, "The Supreme...

Giles Not the Case To Expand Forfeiture By Wrongdoing

Posted on April 22, 2008
Today's Supreme Court oral arguments in Giles v. California started and ended well for the Petitioner, Giles, a man who was convicted for the first degree murder of his former girlfriend Brenda Avie. In today's arguments, Petitioner contested the admissibility...

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