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Category: Appeals | Criminal Law | Federal Criminal Law | SCOTUS
The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to effective assistance of counsel at both the trial and appellate level. A defendant raising an ineffective assistance claim in a post-conviction proceeding must meet a two-prong…
Category: Uncategorized
White hatred of people of color is a permanent fixture in American history. The violence done to people of color by White Americans cannot be undone, nor the historical recordings of that violence erased from the chronicles of history.
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The tragic shooting death of 18-year-old Michael Brown in 2015 by police officer Darren Wilson in Ferguson, Missouri, triggered nationwide protests and the eventual trend to elect “reform-minded” district attorneys to deal with countless inequities in the country’s criminal justice…
Category: Federal Criminal Law | Hate Crime
Terrorism is a serious charge in the United States. While some associate terrorism with planes flying into buildings or bombs exploding, acts of teror can take on many forms.
Today Americans must deal with domestic terrorism as part of…
Category: Presidential Commutation | Uncategorized
Presidential clemency, most often a commutation of a criminal sentence, is a last-ditch effort to have a reduced because of its harshness or an inordinate amount of time served by the offender. Presidential clemency powers are rarely exercised and it…
Category: Death Penalty | Federal Criminal Law
The death penalty is generally a state matter. Until the thirteen executionswere carried out during the Trump presidency, there had not been a federal execution since 2003.
President Joe Biden stated last year that there would be no executions…
Category: Criminal Justice Reform | Police Misconduct | Qualified Immunity
THE PERILS OF A TRAFFIC STOP
The Stanford Open Policing Project (SOPR) reports that police conduct 50,000 traffic stops daily. These traffic stops result in more than 20 million American motorists interacting with the police each year.
At best, traffic…
Category: Federal Criminal Law | Federal Fraud | Fraud | Wire Fraud
Before 2010, federal prosecutors routinely used the honest services component of the federal fraud statute, 18 U.S.C. § 1346, to criminalize the failure of public officials and corporate executives to report their financial gains from business dealings with corporate or…
On April 21, 2022, Texas executed Carl Wayne Buntion by lethal injection. He was 78 years old—the oldest prisoner ever executed in Texas.
By the time of his execution, Buntion had been in prison two months shy of 32 years—more…
A little more than two years into the COVID-19 pandemic, a picture is emerging as to the effect the pandemic has had on the nation’s prison and jail systems.
The United States incarcerates more people than any other country…
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