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Crime and Consequences 
Criminal law issues from the perspective of victims of crime and the law-abiding public.
Post Frequency: 1.8/day Last Entry: November 25, 2008 at 18:31:33 Recent Entries: 574
By Kent Scheidegger et al.
Go to Crime and Consequences, find other Criminal Law blogs, or browse all law blogs.
Unraveling the Neurolaw Claims
Posted on October 31, 2008Neurolaw is all the rage these days. The lure to explain behavior and social norms such as free will under the lens of reductionist biology abounds. And there is no question that the wealth of information about brains and behavior...
Blog Scan
Posted on October 30, 2008A Hypothetical Obama v. McCain: On October 20, 2008 Election Law @ Moritz, with co-sponsors AEI-Brookings Election Reform Project and the Supreme Court Institute at Georgetown's law school, met to conduct a simulated Supreme Court adjudication of a hypothetical case...
Attorney Conflicts and Partitions
Posted on October 30, 2008Today, Cal. Supreme decided In re Charlisse C., S152822. This is a dependency case, but it has implications for criminal cases, such as a case where the public defender represents the defendant and has previously represented a witness for the...
News Scan
Posted on October 30, 2008An Acorn Whistleblower Testifies in Court: According to an editorial by John Fund from the Wall Street Journal, a former employee of Acorn testified in a Pennsylvania state court that the group's quality-control efforts were "minimal or nonexistent" and largely...
Two Murders, Too Many
Posted on October 29, 2008A little over a year ago, we noted the case of Jesus Jihad, formerly Jesse Crisp, who committed murder in 1973, was let out, committed rape in 1993, got out, and then killed again. He stabbed his wife to death...
Blog Scan
Posted on October 29, 2008The Press and the Federal Courts: Today's news seems to be all about how the Presidency can change the federal courts. Over at Wall Street Journal Blog Ashby Jones has a post comparing Monday's Wall Street Journal article by Stephen...
Blog Scan
Posted on October 28, 2008Homeless Sex Offenders in Georgia: At Sex Crimes, Corey Rayburn Young posts on yesterday's decision from the Georgia Supreme Court that a strict sex offender law was unconstitutional because it failed to tell homeless offenders how to comply with the...
"Nonviolent" Offender
Posted on October 28, 2008"Documents show that a suspect in the Chicago murders of three members of Jennifer Hudson's family was arrested for drug possession in June, but state officials didn't revoke his parole," reports John O'Connor for AP. At this point, of course,...
News Scan
Posted on October 28, 2008Rules Limiting Sex Offenders On Halloween Blocked: AP writer Jim Salter reports that a federal judge has ruled that parts of Missouri's new law restricting registered sex offenders' actions on Halloween night are unenforceable, saying the law lacked clarity and...
News Scan
Posted on October 27, 2008Death-Penalty Issue Surfaces In Chief Justice Race: According to a story by AP writer Katie Oyan, the politically charged issue of the death penalty has surfaced in the nonpartisan race for chief justice of the Montana Supreme Court, with one...
Blog Scan
Posted on October 27, 2008Constitutional Comments On The Vice Presidency: At Bench Memos, Matthew J. Franck posts his thoughts on Instapundit Glenn Harlan Reynolds' short op-ed in today's New York Times. The op-ed discusses questions about the constitutional status of the vice presidency that...
Blog Scan
Posted on October 24, 2008Uighurs Denied en banc review: SCOTUSblog has been keeping us updated on the legal battle surrounding District Judge Ricardo M. Urbina?s Oct. 7 ruling that the 17 Chinese Muslim Uighurs be brought to the U.S. and temporarily released into the...
Escape and Trial
Posted on October 24, 2008On Monday, the California Supreme Court will announce its decision in the case of People v. Concepcion, S146288: This case presents the following issues: (1) Is a defendant who escapes from custody after trial commences voluntarily absent from trial, permitting...
Stay in Troy Davis Case
Posted on October 24, 2008AP reports that the Eleventh Circuit has issued a stay in the Troy Davis case, previously discussed in these posts: The Troy Davis Stay Troy Davis and the Georgia Parole Board Troy Davis Goes to SCOTUS Residual Doubt and Commutation...
ABA Florida DP Report, 2 Years Later
Posted on October 24, 2008SL&P points us to this article by Ron Word of AP in Jacksonville, Florida, regarding the nonimpact of the ABA report on Florida's death penalty, issued two years ago. The first paragraph of the article refers to the report as...
News Scan
Posted on October 23, 2008Court Stops Scheduled Execution: AP writer Michael Graczyk reports that the Texas Court of Criminal Appeals stopped the scheduled execution of convicted killer Bobby Wayne Woods today after lawyers raised new claims that the 42-year-old man is mentally retarded and...
Rudy on Obama on Mandatory Minimums
Posted on October 22, 2008It appears that the crime issue is finally being seriously raised in the presidential campaign. This story from Alexander Mooney at CNN reports that Rudy Giuliani has recorded a "robocall" saying "Obama opposes 'mandatory prison sentences for sex offenders, drug...
News Scan
Posted on October 22, 2008San Francisco Weighs Decriminalizing Prostitution: AP writer Evelyn Nieves reports that SF would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K - a measure that forbids local authorities from investigating, arresting or...
Blog Scan
Posted on October 21, 2008Analyzing Justice Thomas' Thoughts On Originalism: Yesterday we had a post on Justice Clarence Thomas' lecture to the Manhattan Institute. Jack Balkin, at Balkinzation, posted the same excerpt from the Wall Street Journal, and offered his thoughts on whether Justice...
News Scan
Posted on October 21, 2008Court Won't Consider Neb. "Rape" Testimony Issue: According to an article by AP press writer Jean Ortiz, the U.S. Supreme Court has refused to hear an appeal involving a case in which a Nebraska judge banned anyone from saying "rape"...
Tough as a $3 Steak
Posted on October 20, 2008Tony Mauro's Courtside column has more reaction to Chief Justice Roberts' detective-novel-style dissent from denial of certiorari in Pennsylvania v. Dunlap. Surprisingly, with all the speculation over why the opinion is written in this unusual style, no one else seems...
Cert. Granted on Agg. ID Theft
Posted on October 20, 200818 U.S.C. § 1028A(a) defines the crime of "aggravated identity theft." "Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall,...
How to Read the Constitution
Posted on October 20, 2008The WSJ has this excerpt of Justice Clarence Thomas's lecture to the Manhattan Institute Friday. He notes the fundamental question of judicial review is "what restrains us from imposing our personal views and policy preferences on our fellow citizens under...
The Bradley Effect
Posted on October 20, 2008California political consultant Sal Russo has this op-ed in the WSJ, making one more game try at refuting the persistent myth of the "Bradley effect." George Deukmejian's come-from-behind win for California Governor in 1982 was based on issues, especially crime...
News Scan
Posted on October 20, 2008Crime Spike Linked To Prop 36: According to an article from the Ventura County Star by Kathleen Wilson, arrests for drug and property crimes have increased since California voters adopted Proposition 36, eight years ago. The measure initiated a sweeping...
News Scan
Posted on October 17, 2008More Appeals for Baze & Bowling: After losing their U.S. Supreme Court challenge to lethal injection last April, double murderers Ralph Baze and Clyde Bowling, Jr. may be down to their last appeal. A story by Beth Musgrave in today's...
Recall Effort Terminated
Posted on October 17, 2008Here is another scrap of good political news. Don Thompson reports for AP, "A powerful union representing California prison guards on Thursday dropped its recall campaign against Gov. Arnold Schwarzenegger, saying it will instead focus on ballot questions and pointing...
Blog Scan
Posted on October 17, 2008Supreme Court Lifts Ohio Federal Judge Voter Order: At SCOTUSblog, Lyle Denniston reports that today the Supreme Court lifted an order that would have required Ohio's Secretary of State to verify voter registration across the state before the November election...
A Government of Men and Not Laws
Posted on October 16, 2008Jonathan Adler at VC has posted an excerpt of the debate where Senators McCain and Obama discuss what kinds of judges they will appoint. Nothing really new here. It reinforces what we already knew. Barack Obama will appoint judges who...
News Scan
Posted on October 16, 2008Teen Convicted of Santa Barbara Street Killing: An AP article reports that a 15-year-old gang member has been convicted of voluntary manslaughter for the stabbing death of a teen during a daytime brawl on Santa Barbara's State Street last year....
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IntroductionFor non-citizens, the immigration consequences of a cr...
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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
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On 08-25 at 15:46PM
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On 08-18 at 22:18PM
Parallel parking gone bad. Too much gas UES NYC
On 08-18 at 21:41PM
UES NYC
On 08-18 at 21:25PM
Twitter suspends journalist critical of broadcast partner's coverage on dubious grounds @guyadams #nbcfail #twitterfail
On 07-30 at 17:57PM
Model example of 1st Amendment suppression by the People of New York City's Michael Bloomberg #OWS #NYPD
On 07-12 at 21:07PM
AG Holder lackadaisical on Operation in our Sites domain name seizures & RIAA lobbied free speech suppression @dajaz1
On 06-08 at 22:44PM
Why is the Catholic Church going to court over Obama contraception policy? @NewYorker commentary
On 05-31 at 10:08AM
Monks sue Louisiana for right to sell caskets made from forrest destroyed by Katrina
On 05-31 at 07:47AM
Are the abortion ultrasound laws headed for the Supreme Court?
On 05-15 at 21:52PM
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
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...
How to prove housing discrimination based on sexual orientation in student housing?
There are several things you can do. First of all, contact any welfare advisors,...
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...
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