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Crime & Federalism 
Discussing recent news and court opinions, with an emphasis on federalism, criminal law, and civil rights actions.
Post Frequency: 8.6/day Last Entry: April 01, 2011 at 15:45:19 Recent Entries: 1840
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Hofstra Gang Rape Hoax, and Feminism's War Against Men
Posted on September 17, 2009Hofstra had its own Duke Lacrosse Case: The student who alleged she was gang raped by five men inside a Hofstra University dormitory bathroom on Sunday has admitted to making the entire story, the Nassau County District Attorney's office confirmed on Wednesday night...
Eyewitness Identification Remain Unreliable
Posted on September 16, 2009What is the leading cause of wrongful convictions? It's an easy answer: Unreliable eyewitness identification. Most of us think that most eyewitness testimony is reliable. Wanna bet your life on it? Associate Professor Dr Kimberley Wade from the Department of Psychology led an experiment to see whether exposure to fabricated footage of an event could induce individuals to accuse another...
Prosecutor Goes Underneath Her Robes: Verla Sue Holland and Attorney Tom O?Connell's Affair
Posted on September 16, 2009It's not often that you get an unethical prosecutor and a judge in the same case. Then again, we are talking about Texas: The question of whether a romantic relationship between a judge and prosecutor is unfair won?t be decided by the Texas Court of Criminal Appeals...
Links: Annotated
Posted on September 16, 2009A Writer Rants About Pro Bono. Not quite; but the rationale is similar enough. How dare you not represent me for free? I often ask people for copies of tax returns. "You ever given any money to charity? Volunteer anywhere? Do you even give blood?" It's always those who have done the least for humanity who demand that lawyers represent...
Sergey Aleynikov Update
Posted on September 16, 2009The Aleynikov prosecution received more attention that DOJ was prepared for. DOJ is in a tough position - "tough" if you put personal interests ahead of your ethical and legal obligations, that is. If DOJ indicts Aleynikov, they won't obtain a conviction...
Federal Judges Taking Separation of Powers Seriously
Posted on September 16, 2009Contrary to popular prosecutorial belief, a federal judge's duties include more than, "Do what DOJ tells you to do." According to the Constitution, federal judges must serve as adversaries to prosecutors. Power must check power in our system of separated powers...
Eyewitness Identification Remains Unreliable
Posted on September 16, 2009What is the leading cause of wrongful convictions? It's an easy answer: Unreliable eyewitness identification. Most of us think that most eyewitness testimony is reliable. Wanna bet your life on it? Associate Professor Dr Kimberley Wade from the Department of Psychology led an experiment to see whether exposure to fabricated footage of an event could induce individuals to accuse another...
"Silberman Transcripts Remain Sealed, at Least for Now"
Posted on September 15, 2009I haven't followed the prosecution of Judge Harvey Silberman, and thus have no opinion about the merits of the case. Still, one's nose should itch when one judge refuses to make public, the accusations against another judge: The newly assigned judge hearing election-bribery charges against Los Angeles Superior Court Judge Harvey Silberman and two others declined to rule Friday on...
Overcriminalization Event at the Cato Institute
Posted on September 15, 2009The Cato Institute is holding a fun event on October 1st. If you're in the Washington D.C. area, check it out.
Pottawattamie County v. McGhee: Fabricating Evidence is All in a Day's Work
Posted on September 14, 2009In Pottawattamie County v. McGhee, the Supreme Court will decide whether a prosecutor should be entitled to absolute immunity from suit for "obtaining, manufacturing, coercing and fabricating evidence before filing formal charges." Absolute immunity from suit, in the context of civil rights cases means this: Even if the prosecutor fabricated evidence, he may not be sued...
Judge Jed S. Rakoff Stands Firm: No Conspiracies in his Courtroom
Posted on September 14, 2009Last week Bank of America and the SEC conspired to trick Judge Jed S. Rakoff into approving a bogus settlement agreement. Today Judge Rakoff sent a message to the SEC: Stop lying to me; stop cheating the American public; stop cheating Bank of America shareholders...
Gamso - For the Defense
Posted on September 14, 2009This is a blog you will likely enjoy. UPDATE: Mark Bennett points out two other good ones: Kaiser Law Blog (a new one to me) and People v. State. Check them out, too.
"How The Federal Reserve Bought The Economics Profession"
Posted on September 14, 2009I feel like a babe in the woods. How, I wondered, could otherwise smart people like Tyler Cown kowtow to the same members of the Federal Reserve who failed to foresee the economic crisis? It made no sense. My error, I now realize, was assuming good faith on the part of the Fed's supporters...
Three Felonies a Day: How the Feds Target the Innocent
Posted on September 14, 2009This looks to be a very good book about the problems of overcriminalization. "Another overcriminalization book," you wonder. "Isn't the market saturated?" No; there will always be a shortage of good books. I skim all of the books on overcriminalization, and this one is legit...
Three Felonies a Day: How the Feds Target the Innocent (UPDATED)
Posted on September 14, 2009This looks to be a very good book about the problems of overcriminalization. "Another overcriminalization book," you wonder. "Isn't the market saturated?" No; there will always be a shortage of good books. I skim all of the books on overcriminalization, and this one is legit...
Lawyers and the First Amendment
Posted on September 13, 2009Two Pennsylvania judges sold children into slavery in the infamous Cash-4-Kids scam. By law, lawyers who appeared before those corrupt judges were not allowed to stop the human trafficking. Why do judges put self-interest above the public interest? Suspicious things happen in courtrooms across the country...
Prosecutorial Discretion in Action: Andrew Sullivan Skates on Marijuana Charge
Posted on September 12, 2009Prosecutors say they need a lot of discretion. Why? So that they can prosecute the powerless, while refusing to prosecute the powerful and connected? You think I'm some sort of wild-eyed Marxist? Hardly. Here's a typical case (via): Political commentator, author and writer for The Atlantic magazine Andrew M...
Sheldon Nahmod has a Blog
Posted on September 12, 2009The legal blogging world became much more interesting, now that Sheldon H. Nahmod, an expert on Section 1983 law, has begun blogging. In the "About" section to his page, Nahmod notes: "I plan to blog once or twice weekly on 42 U.S.C. section 1983, perhaps the most important federal civil rights statute, and on constitutional law (including the First Amendment),...
Ordinary Injustice: How America Holds Court
Posted on September 12, 2009Amy Bach has written a promising book entitled Ordinary Injustice: How America Holds Court. I haven't had time to review it myself, but Scott Greenfeld seems to be a fan. Do you need any further endorsement?
DOJ's Office of Professional Responsibility: Protecting Their Own
Posted on September 11, 2009What are the odds that a federal prosecutor will be punished for prosecutorial misconduct? The odds are about 50-to-1 that a prosecutor who is reported for prosecutorial misconduct will not receive even a slap on the wrist. Given that most prosecutorial misconduct goes unreported, the odds of getting away with misconduct are even better...
Sergey Aleynikov Hearing on Sept 16, 2009
Posted on September 11, 2009The next hearing in U.S. v. Sergey Aleynikov, the most disgraceful criminal prosecution since the Duke Lacrosse Case, will be held this coming Wednesday. While we don't know whether the charges against Aleynikov will be dismissed, there has been a related development...
Andrew Sullivan's Drug Case Dismissal Approved by Highest Levels of DOJ
Posted on September 11, 2009As other media outlets have reported, famed blogger and Atlantic writer Andrew M. Sullivan was cited for possessing marijuana on federal property. That anyone would be prosecuted for possessing marijuana in the United States is itself sad. What is worse, however, is the special treatment Andrew Sullivan received...
DOJ Refuses to Prosecute Schlozman for Perjury
Posted on September 11, 2009Yesterday, in a post entitled, "DOJ's Office of Professional Responsibility: Protecting Their Own," we argued that the United States Department of Justice does not take professional misconduct within its ranks seriously. Today, Attorney General Holder rubber-stamped our conclusion...
Prosecutorial Discretion in Action: Andrew Sullivan Skates on Marijuana Charge
Posted on September 11, 2009Prosecutors say they need a lot of discretion. Why? So that they can prosecute the powerless, while refusing to prosecute the powerful and connected? You think I'm some sort of wild-eyed Marxist? Hardly. Here's a typical case (via): Political commentator, author and writer for The Atlantic magazine Andrew M...
Pottawattamie County v. McGhee Amicus Brief: Prosecutors Spread Familiar Lies
Posted on September 10, 2009[Editor: In Pottawattamie County v. McGhee, the most interesting Section 1983 this Term, the Supreme Court will determine whether a prosecutor who manufactured evidence should be held liable for money damages. An amicus brief, filed on behalf of state and federal prosecutors, is unpersuasive...
Pottawattamie County v. McGhee: Reversal Hurts
Posted on September 10, 2009[Editor: In Pottawattamie County v. McGhee, the most interesting Section 1983 this Term, the Supreme Court will determine whether a prosecutor who manufactured evidence should be held liable for money damages. An amicus brief, filed on behalf of state and federal prosecutors, is unpersuasive...
Pottawattamie County v. McGhee Amicus Brief: Lawsuit Doublespeak
Posted on September 10, 2009[Editor: In Pottawattamie County v. McGhee, the most interesting Section 1983 this Term, the Supreme Court will determine whether a prosecutor who manufactured evidence should be held liable for money damages. An amicus brief, filed on behalf of state and federal prosecutors, is unpersuasive...
Too Many Lawyers? The Free Market has a Solution
Posted on September 10, 2009Having too many lawyers is not just bad for society: It is bad for the lawyers. Too many lawyers means too few jobs. Life is tough out there for nearly every recent law school graduate. Many people have offered many solutions. Most of these solutions are paternalistic...
"Judge Richard S. Arnold: A Legacy of Justice on the Federal Bench"
Posted on September 09, 2009The Eighth Circuit Bar Association is hosting an event to discuss a new book about Judge Richard S. Arnold. If you're in St. Louis, you should go. Details here. I didn't even know the book was out. I made an exception to my boycott of new books to order my copy...
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Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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UES NYC
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Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
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AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
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Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
Can someone detained in a search w/ warrant, be charged with a crime related to the search if they were not arrested at the time of the search?
The police have fairly wide discretion on when they can make an arrest so long a...
I was a bookkeeper for a recreation center. The Center Director left and a new director took over. I went to work one day and some of my files were missing. I called our computer tech and her restored the files (I had ma
In order for a crime to be established you need to conclusively prove that the D...
If I was detained by citizens unlawfully, and then the police showed up...is everything they charged me with in-admissable?
Probably depends on the law of the state in which you live. Many states allow fo...
If I pay restitution, can I still be charged with a crime?
It sounds like the law in your area is treating it as a civil matter. That being...
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