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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

Under Construction

Posted on November 25, 2008
We plan to move the Crime and Consequences blog to a new host over the Thanksgiving holiday period. During the transition, there may be times when some users are seeing the old blog and some are seeing the new one....

Blog Scan

Posted on November 25, 2008
Two New Cases Granted Today: For those of us who wanted something other than our Thanksgiving turkey to ponder over the holiday the U.S. Supreme Court has delivered. Today, the Court granted review in two new cases. One case involves...

People v. Brendlin Limits Suppression of Evidence

Posted on November 25, 2008
As reported in today's News Scan, the California Supreme Court has handed down its decision in People v. Brendlin. Yesterday's decision adopted a rule "that discovery of an outstanding arrest warrant prior to a search incident to arrest constitutes an...

News Scan

Posted on November 25, 2008
Court Allows Evidence from Unlawful Traffic Stop: The California Supreme Court has unanimously reinstated the drug conviction of a man found guilty based upon evidence uncovered after the car he was riding in was illegally stopped. The Court's decision in...

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Silicon Valley Drunks

Posted on November 24, 2008
An important aspect of "broken windows" policing is the enforcement of public order laws, such as the prohibition of public drunkenness. It appears that San Jose is about to take a step backward. Sean Webby has this story in the...

Ethics Poll: Lawyers at the Top of the Bottom

Posted on November 24, 2008
Gallup's annual survey of the public's perception of the ethics of various professions is available here. The medical folks continue to top the chart, while financial professions have taken an unsurprising hit. Relevant to criminal law, the police do well...

News Scan

Posted on November 24, 2008
CA Court Voids Execution Procedures: As posted by Kent Scheidegger, California's first district court of appeals ruled Friday, that the state's lethal injection procedures are invalid because the were not adopted through an administrative process which requires public comment and...

Angered, D.C. Police Call for E-Mails

Posted on November 22, 2008
In today's WaPo, Theola Labb�-DeBose and Robert E. Pierre report on an unusual police strategy: D.C. police, frustrated that a teenage robbery suspect they have arrested kept getting released, took to cyberspace yesterday in an unusual effort to lobby judges...

Maryland DP Commission

Posted on November 21, 2008
The dissent picked up two more votes on Maryland's death penalty study commission, reports Gadi Dechter in the Baltimore Sun. In an interview, [Attorney General Douglas] Gansler, a Democrat, said that he did not believe lawmakers would be greatly influenced...

California Lethal Injection Decision

Posted on November 21, 2008
The California Court of Appeal, First District has held that the lethal injection protocol is a regulation subject to the Administrative Procedures Act. The decision in Morales v. Cal. Dept. of Corrections and Rehabilitation is here. If CDCR had simply...

News Scan

Posted on November 21, 2008
Kentucky to Execute Chapman Tonight: Marco Allen Chapman, the confessed child killer who has sought execution since his conviction four years ago, is scheduled to be put to death tonight. A story by Courier-Journal writers Jason Riley and Deborah Yetter...

Blog Scan

Posted on November 21, 2008
Five Detainees Ordered Released: As reported yesterday on SCOTUSblog, and today in the New York Times and the Wall Street Journal , U.S. District Judge Richard J. Leon ordered the release of five Algerian Guantanamo detainees while ordering the continued...

Attorney General Mukasey

Posted on November 21, 2008
Last night, I attended the annual dinner of the Federalist Society, where the guest speaker was Attorney General Michael Mukasey. Mr. Mukasey gave a strong speech defending the Bush Administration's success in defending the nation from further terror attacks...

News Scan

Posted on November 20, 2008
No Death Penalty For Triple Murders: A story from the KX Net reports that a a convicted drug dealer, charged with murdering three women at a Florence hair salon in Montana, is not eligible for the death penalty. In an...

Abu-Jamal

Posted on November 19, 2008
Pennsylvania has filed its certiorari petition seeking Supreme Court review of the Third Circuit decision overturning the death sentence of the notorious Mumia Abu-Jamal. The case is Beard v. Abu-Jamal, No. 08-652. Abu-Jamal's petition seeking review of the Third's decision...

Blog Scan

Posted on November 19, 2008
Tomorrow is a Big Day for the Detainees: At Scotusblog, Lyle Denniston provides a "primer" detailing detainee cases that federal courts will hear tomorrow, and next week. He also comments on the significance of each of the cases. Beginning at...

News Scan

Posted on November 19, 2008
East Bay Murderer Gets Death Penalty: Paul T. Rosynsky reported in the Mercury News that former Navy sailor Anthony McKnight smiled and openly laughed as he was sentenced to death for killing and raping five women in 1985 by an...

Eric Holder and the Death Penalty Data Dump

Posted on November 18, 2008
Joe Palazzolo at BLT notes the conflicting stories regarding whether former Deputy AG Eric Holder has been tapped for the top spot. Newsweek says yes and the WaPo says "almost certainly." On the other hand, "An official in the Obama...

Blog Scan

Posted on November 18, 2008
Some Rehnquist Papers Made Public: At Legalities, Jan Greenburg reported on yesterday's release of a few of former Chief Justice Rehnquist's papers. She also provides this link to Adam Liptak and Jonathan Glater's report of what researchers came across...

News Scan

Posted on November 18, 2008
Ayers Talks Death Penalty: Anti-war activist William Ayers, and former member of the Weather Underground, emphasized his opposition to the death penalty in a speech at the Georgetown University Law Center last night reports Gregg Re from The Hoya. Recently,...

A Real Psychopath?

Posted on November 18, 2008
Irrespective of the debates about culpability and psychopathy, the noted traits of the psychopath - the glibness, lack of remorse, irresponsibility - speak volumes about the type of folks given the psychopathic label. And while merely reading a court opinion...

Diagnostic Accretion in Shadow

Posted on November 17, 2008
Christopher Lane at the L.A. Times has this op-ed on the development of the forthcoming 5th edition of the Diagnostic and Statistical Manual of Mental Disorders. As noted before, it's a solid bet the diagnostic manual will grow with each...

Bell v. Kelly Drop-Kicked

Posted on November 17, 2008
The U. S. Supreme Court this morning dumped the capital habeas case of Bell v. Kelly with a one-line order: "The writ of certiorari is dismissed as improvidently granted." Sometimes "improvidently granted" is a term of art, but this time...

Americans Hold Firm to Support for Death Penalty

Posted on November 17, 2008
That is the title of this Gallup report by Lydia Saad. On the generic question (problematic for measuring absolute support but useful for gauging long-term trends), the result is 64-30, down a tad from last year but the same as...

Just Can't Help Themselves

Posted on November 17, 2008
John Seabrook of the New Yorker has this in-depth article about Dr. Kent Kiehl at the University of New Mexico titled Suffering Souls. As the article details, Dr. Kiehl is the leading expert in the field of brain imaging and...

Blog Scan

Posted on November 17, 2008
Without En Banc Three Judge Panel Will Decide Fate of Detainees: Over the weekend, Lyle Denniston posted on the D.C. Circuit Court's Friday refusal to to grant en banc review of the Uighurs' plea for initial review by the full...

News Scan

Posted on November 17, 2008
Iowa Sex Offender Cohabitant Law Upheld: An AP story by Michael Crumb reports that the Iowa Supreme Court, in a split opinion, upheld a law that bars single parents from living with convicted sex offenders. The case involves a Coralville...

Today's Grants and Orders

Posted on November 14, 2008
The U.S. Supreme Court granted review in five cases. The orders list can be found here. The Court granted certiorari in four cases, and agreed to hear an appeal from Citizens United in Citizens United v. Federal Election Commission (08-205)....

All right then, just this once

Posted on November 14, 2008
From The Economist print edition (the title above is theirs, also): Mixed signals from Canberra over the Bali bombers THE death sentences against the three Bali bombers put Australia?88 of whose nationals died in the attacks?in a difficult spot. It...

News Scan

Posted on November 14, 2008
Texas Executes 17th Murderer: A New York parolee was executed in Texas Thursday as reported by the Associate Press. Denard Manns, who had an extensive criminal record, was convicted and sentenced to die for the 1998 robbery, rape and murder...

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