President Ronald Reagan’s “war on drugs” failed as miserably as President Richard Nixon’s “war on crime.” The only measurement of success for either effort was to pack the nation’s prison system with young and non-violent offenders of color and low…
Month: June 2017
June27
2017
2017
Embezzlement, sometimes referred to as employee theft, is the misappropriation of funds belonging to someone else but entrusted in your care. While this offense is generally brought against employees, it can be charged against anyone with a fiduciary responsibility.
…
June26
2017
2017
Posted By: John Floyd
Category: Federal Criminal Law | Prosecutorial Misconduct
In 1963, the U.S. Supreme Court in Brady v. Maryland held that criminal prosecutors must disclose evidence favorable to a defendant, upon his or her request, that is material to either guilt or punishment.
In 1985, the Supreme Court…
June23
2017
2017
Posted By: Staff Writer
Category: Corruption | Government
“Asking [the] FBI to drop an investigation is obstruction of justice.”
That is what Rep. Ted Deutch, D-Fla., thinks. And the lawmaker’s opinion carries significant weight: he is the ranking member of the House Committee on Ethics.
…
June21
2017
2017
Posted By: John Floyd
Category: Federal Criminal Law | Sex Trafficking
There are many constitutionally significant elements of a criminal prosecution. Three of these are indictment, evidence produced at trial and jury instructions.
The Fifth Amendment guarantees a criminal defendant the substantial right to be tried only on the charge…
June21
2017
2017
Most people would assume that the rule of law is drawn by the rules of logic and fairness. That assumption is both logical and fair, but the rule of law—with its most fundamental purpose being to protect society and ensure…
June20
2017
2017
Posted By: John Floyd
Category: Prosecutorial Misconduct
In 2013, the Texas Legislature enacted the Michael Morton Act. The Act, which became effective January 1, 2014, requires Texas prosecutors to open their files, provide copies of certain information for defense discovery and to keep records of all the…
June20
2017
2017
The crude joke goes something like this: the difference between a drunkard and an alcoholic is that the drunk does not have to attend meetings.
In a May 30, 2017 decision, Ledezma-Cosino v. Sessions, an en banc panel of…
June20
2017
2017
Posted By: John Floyd
Category: Appeals | Criminal Justice Reform
Police Force: When Does Reasonable Become Unreasonable
Nearly three decades ago the U.S. Supreme Court, in Graham v. Conner, held that the police may use reasonable force when making an arrest. The Court said, “The ‘reasonableness’ of a particular…
June19
2017
2017
Posted By: John Floyd
Category: Appeals | Constitutional Law | Drug Crime
It was an issue of first impression for the Texas Court of Criminal Appeals (TCCA): whether a college dorm room is an exception to the guarantee of the Fourth Amendment against unreasonable searches and seizures.
This issue was resolved…
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