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Criminal Law

Crime and Consequences 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

Recent Entries: 574

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Orders List Tomorrow

Posted on September 04, 2008
The U.S. Supreme Court will issue the third and last of its summer orders lists tomorrow. The Court's press release last June noted, "Summer order lists usually consist of actions taken by the Court on motions in pending cases, petitions...


News Scan

Posted on September 03, 2008
Illegal Immigration: The ACLU has filed a lawsuit to block an executive order by the Governor of Rhode Island cracking down on illegal immigrants. A story by AP writer Ray Henry reports that Governor Carcieri has ordered employers doing business...


Dress Codes and State Action

Posted on September 03, 2008
The Ninth Circuit en banc today decided Villegas v. Gilroy Garlic Festival, No. 05-15725: We must decide whether guests at the Gilroy Garlic Festival can hold the City of Gilroy in California and the Gilroy Garlic Festival Association liable in...


Blog Scan

Posted on September 02, 2008
2007 Federal Criminal Caseload Statistics: Hattip to Doug Berman at Sentencing Law and Policy for his post and link to data statistics on the federal criminal prosecutions in district courts over various years. Berman notes that federal bank robbery prosecutions...


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News Scan

Posted on September 02, 2008
Australia's Approach to Serial Child Sex Offenders: A serial sex offender already jailed indefinitely for previous sexual crimes, has been sentenced to another 12 months' imprisonment according to a story written by Christine Flatley from The Australian...


VP Candidates and Crime

Posted on August 30, 2008
A few notes on the Vice-President candidates and crime: The Pewsitter website has a set of quotes from Gov. Sarah Palin, including this one from her 2006 campaign site: "I support adequate funding for a strong public safety presence in...


News Scan

Posted on August 29, 2008
New Hearing for Mississippi Murderer: Daily Journal reporter Patsy Brumfield has this story on the Mississippi Supreme Court decision to grant a hearing to review claims raised by Marlon Howell, convicted in 2000 of murdering a 61-year-old retiree who supplemented...


Anthony Porter, Reconsidered

Posted on August 28, 2008
"It's not what we don't know that gets us in trouble, it's what we know for a fact that just ain't so." One of the things everybody in the death penalty debate knows for a fact is that Anthony Porter...


Blog Scan

Posted on August 28, 2008
Justice Department May Seek To Restrain DTA Review: Lyle Denniston reported at SCOTUSblog yesterday that the Justice Department is considering asking the Supreme Court to curb the authority of the federal appeals court to review military decisions to hold the...


News Scan

Posted on August 28, 2008
Meth Houses: The Sheriff's Department in Jefferson County Missouri has started posting the locations where evidence of methamphetamine production has been found. An AP story, by Betsy Taylor in today's San Francisco Chronicle, reports that the public can log on...


News Scan

Posted on August 27, 2008
Violent Inmates Released: California has released almost 5,000 prison inmates without the required screening for violent criminals who should have been held, according to this AP story by Don Thompson. A state audit of inmate releases between January 2007 and...


News Scan

Posted on August 26, 2008
U.S. Border Security has been tightened on concerns that Mexican drug cartels may send hit men across the border according to this AP story in today's San Francisco Chronicle. A spokesman for the U.S. Boarder Patrol said that they had...


News Scan

Posted on August 25, 2008
Strip Searches Ruled Unconstitutional: In a divided ruling announced last Friday, the federal Ninth Circuit Court of Appeals held San Francisco's policy of strip searching all arrestees to be housed in the jail's general population unconstitutional. The lead opinion In...


News Scan

Posted on August 22, 2008
SF Dog Mauling defendant Marjorie Knoller's conviction for second degree murder was reinstated today. A SF Chronicle story by Bob Egelko reports that Knoller had been charged with second-degree murder after her two 100lb+ attack dogs mauled 33-year-old Dianne Whipple...


Blog Scan

Posted on August 22, 2008
Detainee Habeas Cases Heard In Federal Court: At SCOTUSblog, Lyle Denniston reports that U.S. District Court Judge Richard J. Leon will hear the first detainee habeas case on Monday, October 6th, 2008. Denniston notes this is the very same day...


News Scan

Posted on August 21, 2008
Another Illegal habitual criminal protected from deportation by San Francisco's sanctuary policy has been charged with the attempted murder of a man in Daly City. A San Francisco Chronicle story by Jaxon Van Derbeken reports that Mexican national Eric Antonio...


Parole Decision

Posted on August 21, 2008
The California Supreme Court today, 4-3, overturned Gov. Schwarzenegger's decision to deny parole to Sandra Lawrence, who murdered her lover's wife and then spent 11 years on the lam before surrendering in 1982. Justice Ming Chin wrote the dissent: The...


News Scan

Posted on August 20, 2008
Mexico, as noted earlier, is rethinking its 2005 decision to abolish the death penalty. A poll reported today by Canadian pollster Angus Reid Global Monitor found that 68% of Mexicans support the death penalty for rape, 64% for homicide, and...


News Scan

Posted on August 19, 2008
Accomplice faces execution in Texas Thursday, as reported in this AP story by Michael Graczyk. In 1996 Jeffery Wood and Daniel Reneau robbed a convenience store in the Texas Hill Country. During the robbery Reneau shot and killed the clerk...


Death by "Reform"

Posted on August 18, 2008
Beware of reformers. Enthusiastic activists often dismiss weighty arguments on the other side and propose cures that end up being worse than the disease. So it was with the drive to deinstitutionalize the mentally ill. Certainly, there were abuses. Certainly,...


Intervenor Liability in the Ninth Circuit

Posted on August 18, 2008
Last Friday, the Ninth Circuit issued an opinion in Costco v. Hoen. The decision, authored by Judge Milan Smith, addressed whether an intervenor-appellee who "materially assisted state defendants through the litigation, and... had much at stake financially" could be...


News Scan

Posted on August 18, 2008
Nevada's Sex Offender Law is being challenged in federal court, as reported in this AP story by Ken Ritter. Lawyers representing 27 unnamed plaintiffs in a federal civil rights lawsuit claim that a law which creates an internet accessible state...


System Maintenance

Posted on August 15, 2008
The blog is undergoing maintenance. Posts will be limited and some links may not work. We should be back in full operation in a few days. Update, 3:00 PT: Everything should be working now....


News Scan

Posted on August 14, 2008
Murderer Volunteers for DP: Texas cop killer Michael Rodriguez, who has waived his appeals and agreed to receive his sentence, is scheduled to be executed today. A story by Michael Graczyk of the Houston Chronicle reports that Rodriquez, one of...


Three Experts in a Tub

Posted on August 12, 2008
Adam Liptak at the NYT compares expert testimony in the U.S. with other countries. Particularly interesting is the Australian "hot tub" system. In that procedure, also called concurrent evidence, experts are still chosen by the parties, but they testify together...


News Scan

Posted on August 12, 2008
Venting Against DP: Brooklyn federal district judge Frederick Block said yesterday that the people of New York are against the death penalty, except for cop killers, and that the U.S. Attorney ought to stop seeking it. The judge's remarks before...


Blog Scan

Posted on August 11, 2008
The "I Didn't Know I Was A Felon" Defense: Over at Volokh Conspiracy, Eugene Volokh has a post on the Eastern District of Pennsylvania's decision in U.S. v. Kitsch. The decision holds that Kitsch could only be guilty of violating...


News Scan

Posted on August 11, 2008
More Power to SCOTUS, according to AEI visiting scholar John Yoo. Discussing the winners and losers in Court's recent term in today's Philadelphia Inquirer he writes "....the biggest winner by far was the court itself. Slowly but surely, the justices...


Blog Scan

Posted on August 08, 2008
Justice Department Seeks to Limit District Court Authority to Transfer Detainees: At SCOTUSblog, Lyle Denniston posts that the Justice Department has filed two appeals seeking resolution of whether District Court Judges have the authority to issue orders that regulate the...


News Scan

Posted on August 08, 2008
DC Guns: David Kopel and Robert Levy have this op-ed in the WSJ calling on Congress to fix DC's latest gun law. A bill called the District of Columbia Personal Protection Act, H.R. 1399 and S. 1001, is available on...


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