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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

News Scan

Posted on August 07, 2008
Medellin Video: Video of the Lou Dobbs piece noted in yesterday's News Scan is available here. Hamdan Sentence: Al-Qaeda small fry Salim Hamdan was sentenced to 5 1/2 years, with credit for the 61 months already detained, by the military...

Blog Scan

Posted on August 06, 2008
Commentary on Medellin Execution: Lyle Denniston posted a commentary on the Supreme Court's recent decisions of Medellin, Kennedy, and the "meaning of silence" at SCOTUSblog today. Denniston finds it significant that in these two recent death penalty cases, the silence...

News Scan

Posted on August 06, 2008
Bin Laden's Driver Convicted: A military court has convicted Salim Hamdan of supporting terrorism as reported in this AP story by Mike Melia. Hamdan could be sentenced to life in prison at a hearing which will be held today. Victim...

Medellin Coverage

Posted on August 06, 2008
Here is some morning-after coverage of the Medellin execution. Michael Graczyk has this story for AP, and we finally get some coverage of the fact that Medellin has already had the judicial prejudice determination required by the Avena holding. "State...

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Medellin Execution

Posted on August 05, 2008
As of 6:16 CDT, the Houston Chronicle reports that Texas is waiting to hear from the U.S. Supreme Court before proceeding with the execution of Jose Medellin. Update: The Supreme Court denied the habeas petition and stay 5-4, and Medellin...

Medellin Has Already Received the Review Required by Avena

Posted on August 05, 2008
"The Bush administration, the Mexican government and much of the diplomatic community have warned of an international backlash if the execution goes forward without a hearing on Medellin’s claim that he was denied an opportunity to contact the Mexican consulate...

News Scan

Posted on August 04, 2008
Hand Wringing Over Medellin: Texas has defied the entire civilized world by refusing to delay the execution of confessed rapist/murderer Jose Ernesto Medellin, according to this story by Alan Turner from today's Houston Chronicle. Medellin. a Mexican citizen, was convicted...

News Scan

Posted on August 01, 2008
Former Death Row Inmate Free After Guilty Plea: After two retrials and 17 years in prison, Michael Mordenti pleaded guilty to two charges related to a 1989 murder-for-hire. Mordenti was sentenced to 25 years for murder and conspiracy but he...

News Scan

Posted on July 31, 2008
Inmate Confesses to Murder, Halts Execution: Thomas Arthur received his third stay of execution on Wednesday after Bobby Ray Gilbert, in prison for murder, signed a sworn statement that he committed the murder for which Arthur was convicted. Judy Wicker,...

News Scan

Posted on July 30, 2008
Legal Rights for Detainees a Tool for Terrorists?: In her op-ed for the WSJ, Debra Burlingame illustrates the likely repercussions of traditional trials for Guantanamo detainees, particularly emphasizing the risk to Americans if other countries refuse to accept prisoner transfers...

Blog Scan

Posted on July 29, 2008
Court-Martial Death Sentence For Serial Rapist-Murderer: This morning, Dan Slater posted links to the New York Times and AP articles on the President's approval of the death penalty for Ronald A. Gray at the Wall Street Journal Blog. Our News...

News Scan

Posted on July 29, 2008
President Approves Soldier's Execution for Murder: A request to execute a member of the military has not been made since 1962, and one hasn't been granted since 1957. That changed yesterday when President Bush approved the execution of Army Private...

Endorsement for Obama

Posted on July 29, 2008
Though little noticed in the national press, Barack Obama picked up an endorsement last week, according to this report by Kathleen Baydala in the Jackson Clarion-Ledger. "'For those who oppose the death penalty and want to see it end, our...

Ramirez on Hamdan

Posted on July 29, 2008
My favorite political cartoonist is Michael Ramirez of Investors Business Daily. (He used to be with the LA Times, which made a huge mistake in letting him go.) Not only are his cartoons funny and insightful, but he actually knows...

Blog Scan

Posted on July 28, 2008
U.S. Asks Supreme Court to Rehear Kennedy v. Louisiana: Last week, Louisiana asked the U.S. Supreme Court to rehear the 5-4 decision of Kennedy v. Louisiana. Today, Lyle Denniston at SCOTUSblog reports that the Justice Department has filed a motion...

News Scan

Posted on July 28, 2008
Serial Rapist Commits Suicide as Police Close In: After nine long months of pursuing a serial rapist that left at least 9 victims in his wake, Prince George's County (MD) police were ready to make an arrest. But Mark Antonio...

A Midsummer Morning's Orders List

Posted on July 28, 2008
The Supreme Court issued one of the orders lists that we typically get during the summer between the June adjournment and the October commencement of the next term. As usual, there is nothing too interesting on it. Rehearings are denied...

News Scan

Posted on July 25, 2008
'Jessica's Law' Gains Traction in Vermont: The murder of a 12-year-old Vermont girl, Brooke Bennett, has received nationwide attention. Her uncle, a registered sex offender, has been charged in connection with her death. According to this AP article, the revelation...

News Scan

Posted on July 24, 2008
Convicted Child Molester Free During Appeals Process: Aaron Mohanlal was convicted of 13 counts related to sexual abuse of a 13-year-old boy that lasted for nearly two years. Although he was sentenced to 43 years in prison, the Broward County,...

Child Rape, the Death Penalty, and the Military

Posted on July 23, 2008
Louisiana's rehearing petition in the Supreme Court case continues to prompt much discussion. Our post on the original decision is here. SCOTUSblog has the petition for rehearing here. Doug Berman's latest SL&P post, with a link to the prior one,...

News Scan

Posted on July 23, 2008
CA Jessica's Law Nets Conviction, 20-year sentence: California enacted Jessica's Law in 2006, and it seems to be working, according to Niesha Lofing's story for the Sac Bee. The Yolo County District Attorney's Office won a 20-year sentence under Jessica's...

Sequential Lineups

Posted on July 23, 2008
Sequential lineups have been touted as inherently superior to simultaneous lineups. A new study indicates that the situation is not quite that simple. (Hat tip: Psychology and Crime News) The article is: Lineup composition, suspect position, and the sequential lineup...

Notable Opinions

Posted on July 22, 2008
Here are a couple of noteworthy opinion pieces in the papers: SF Chrontrarian Debra Saunders has a column on the SF "sanctuary" policy noted in today's News Scan. She notes "the concept started as a way of letting otherwise law-abiding...

Blog Scan

Posted on July 22, 2008
A Below-Guideline Sentence Unreasonable in Sixth Circuit: At Sentencing Law and Policy, Doug Berman reports a split Sixth Circuit panel reversed "a sentence well below the guidelines as substantively unreasonable." The opinion, U.S. v. Funk, No. 05-3708, was released today...

News Scan

Posted on July 22, 2008
"Highly Coerced" Statements Inadmissible at Guantanamo Commission: Osama bin Laden's former driver, Salim Ahmed Hamdan, received a significant victory in his trial when the judge ruled that prosecutors cannot use some of the defendant's statements, citing coercive conditions in Afghanistan...

Blog Scan

Posted on July 21, 2008
Louisiana Seeks Review of Kennedy v. Louisiana: As noted in the News Scan below, Louisiana has moved for rehearing in this case. SCOTUSblog has a post from Lyle Denniston on Louisiana's request. The Petition for Rehearing, was filed late this...

News Scan

Posted on July 21, 2008
Only in America does a search and seizure violation automatically result in exclusion of the evidence. Adam Liptak has this story in the NYT. Rehearing Petition in Child Rape Case: Louisiana has filed a rehearing petition in Kennedy v. Louisiana,...

An Astonishing Quote

Posted on July 21, 2008
The Los Angeles Daily News has this story by Tony Castro on the penalty verdict in the case of Manuel Alvarez. The jury decided on life without parole for a man who killed 11 people by parking on the train...

Blog Scan

Posted on July 18, 2008
Follow Up to Yesterday's Gitmo Case: Lyle Denniston at SCOTUSblog reports, and provides a link to Judge Roberston's written opinion explaining yesterday's refusal to delay Salim Hamdan's trial. According to Denniston, the memorandum opinion closely follows the oral announcement Judge...

News Scan

Posted on July 18, 2008
TX to Proceed with Internationally Contested Executions: The ICJ ordered a review of 5 Texas capital cases after Mexico again complained that the convicts had not been allowed to talk to the Mexican consulate after their arrests. But today, a...

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