Laws are necessary. They protect us from each other. They preserve social order. They regulate the forces of greed and criminalize the forces of wrongdoing. That’s why laws exist at the local, state and national levels to maintain the social…
2015
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Laws are necessary. They protect us from each other. They preserve social order. They regulate the forces of greed and criminalize the forces of wrongdoing. That’s why laws exist at the local, state and national levels to maintain the social…
Category: Criminal Law | Prosecutorial Misconduct
On September 1st, a new law took effect in Texas is intended to fundamentally change the landscape of the grand jury selection process. Gov. Greg Abbott signed legislation designed to “reform” this selection process by eliminating the “pick-pal” method of…
Category: Drug Crime | Federal Criminal Law
A Second Amendment controversy surrounding the limits of gun ownership seems to always be simmering in the social shadows. It may, and should, become an issue in the current broiling presidential campaign.
But what are the implications of unfettered…
Category: Criminal Law | Federal Criminal Law
Psychopathic Records is located in Farmington Hills, Michigan. The recording label is owned by Insane Clown Posse. The label was formed in 1991 by the group’s leader. In a September 2015 decision, the Sixth Circuit Court of Appeals said the…
Category: Criminal Law | Federal Criminal Law
Congress has always had its nose in the business of mental health, alternately responding and ignoring the issue with little success. Over all, politicians have had little real concern about the equitable treatment of individuals suffering from mental health…
Category: Criminal Law | Federal Criminal Law | Prosecutorial Misconduct
Claims of excessive force against the police are difficult to prove. To make matters more difficult, until recently the evidence presented to justify the force used was typically only the testimony of the police officers involved, who routinely vouched for…
Last November USATODAY reported that data from the FBI’s Uniform Crime Report showed that in 2013 the police fatally shot 461 felony suspects—the highest number in two decades. In the wake of the Michael Brown shooting in Ferguson, Missouri last…
Category: Criminal Law | Federal Criminal Law
On May 16, 2013, former Texas Governor Rick Perry signed into law the Michael Morton Act (“Morton Act”). It is one of the most significant pieces of criminal justice legislation Gov. Perry turned into law with his signature.
In…
Category: Uncategorized
Pace University Law Professor Bennett Gershman wrote an article for The Daily Beast last month about consideration the state of New York is giving to creating a Commission of Prosecutorial Conduct which would have the authority to investigate and discipline…
Category: Criminal Law | Drug Trafficking | Federal Criminal Law
In 2012, the U.S. Census Bureau reported (“Sharing a Household”) that the number of shared family households in this country increased by 11.4 percent between 2007 and 2010. A majority of shared households consist of adult children, and their families,…