Criminal Law & Procedure
US vs. Nazario
Friday, August 22nd, 2008Jose Luis Nazario is being prosecuted in civilian court for crimes allegedly committed while serving as an active-duty US Marine. The Military Extraterritorial Jurisdiction Act was designed for prosecuting US mercenary forces - who are not subject to the military courts.
This case should not be in the civilian courts. Although I have publically opposed the [...]
Salim Hamdan and the Decline of America
Wednesday, August 6th, 2008A military commission has convicted Salim Hamdan of giving Material Support for Terrorism. It acquitted him of the primary charge he faced: Conspiracy to Commit Terrorist Acts. Looking at these proceedings is like reading the autopsy report on the American Legal System.
Even if this defendant had been acquitted of all the charges, he [...]
H.R. 5843: Federal Marijuana Reform
Tuesday, August 5th, 2008House Resolution 5843 would end the federal prohibition of possession of up to 100 grams of marijuana. and for the non-profit sale of up to an ounce. HR 5843 would provide a $100 fine for public use of marijuana. Sadly, HR 5843 would not take marijuana off of Schedule One List of drugs under [...]
Money Laundering Cases
Tuesday, June 3rd, 2008The US Supreme Court gave the criminal defense bar a couple of significant victories this week. Not only will it be more difficult for prosecutors to win money laundering convictions, but prosecutors will have weaker bargaining power in plea negotiations.
Read the US Supreme Court decisions for Cuellar v. US and US v. Santos. For [...]
Melendez-Diaz v. Mass
Friday, March 21st, 2008Here is another important confrontation clause case. Many states allow prosecutors to put into evidence the results of lab tests on suspected drugs without having to authenticate the report by a live witness. This is rather like allowing the prosecutor in a tax case to put on financial evidence without producing the accountant for cross-examination.
If [...]
Arizona v. Gant
Wednesday, March 12th, 2008Here’s a very interesting case about search & seizure law. The question presented: is it OK for cops to search a lawfully parked car after they have the suspect in custody?
For further study, have a look at the Arizona Supreme Court Decision in this case. Read the decision in Thornton v. US, which is the [...]
Computer Passwords & the Fifth Amendment
Tuesday, February 12th, 2008The Fifth Amendment to the US Constitution says that no person shall be compelled in any criminal case to be a witness against himself. A current case gives us a chance to reconsider this basic civil right.
The defendant is a Canadian with US Residency. Border agents examined his laptop and discovered it contained child [...]
Giles v. California: Confrontation Clause & Hearsay
Saturday, February 2nd, 2008The US Supreme Court is set to consider a case, Giles v. California that deals with a criminal defendant’s right to confront a witness killed by that same defendant. The defendant admitted killing the victim, but claimed he fired in self defense. The trial judge admitted into evidence statements the victim had made to police [...]