Historically, statutory rape laws prohibit sexual conduct between an adult and a person under the age of consent. These laws are premised on the notion that persons under the age of consent, female or male, are incapable to consenting to…
CRIMINAL JURISDICTION
Criminal Jurisdiction:
A Criminal Law Blog from a Defense Perspective
2017
Category: Account Takeover Fraud | Bank Fraud
Any online banking accounts or credit cards are subject to fraudulent takeover. There was a time not so long ago when fraudsters targeted credit card numbers. With the advent of EMV chip-card technology, credit card fraudsters are now going after…
2017
Category: Appeals | Criminal Law | Federal Criminal Law | Prosecutorial Misconduct
The landmark decision Brady v. Maryland was handed down by the U.S. Supreme Court in 1963. The decision held that, under the Fifth and Fourteenth amendments, a prosecutor has a duty to disclose favorable evidence to defendants upon request, if…
2017
Category: Criminal Law | Federal Criminal Law | SCOTUS
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week or so. This intense political coverage has overshadowed other significant executive actions taken by the president.…
2017
Category: Healthcare Fraud
Both were prominent members of their communities—the Florida doctor and the New Jersey U.S. Senator.
The doctor most assuredly and the senator more than likely will soon be inmates in the Federal Bureau of Prisons.
Earlier this month,…
2017
Category: Criminal Law | Prosecutorial Misconduct
The wheels of justice turn inexorably slow, but they do turn.
The day of justice reckoning has arrived for John Jackson, a former district attorney and district judge in Navarro County that encompasses the small Texas town, Corsicana.…
2017
Category: Constitutional Law | Criminal Justice Reform | Criminal Law
According to the Bureau of Justice Statistics, more than half of the jail population in the U.S. has never been convicted of a crime. That’s some 420,000 people, give or take a few thousand. They are in jail because they…
2017
Category: Constitutional Law | Federal Criminal Law
The federal courts have on occasion pointed out that the immunity found in the Supremacy Clause is a “seldom litigated corner” of constitutional law. Supremacy Clause immunity governs the extent to which states can impose civil or criminal liability on…
2017
Category: Criminal Law | Sex Crimes
Legal scholars and sources, such as Black’s Law Dictionary, provide two definitions of a mistrial: first, a trial is brought to an end by the judge before a determination on the merits has been made because a procedural error or…
2017
Category: Immigration Crimes
In the first 100 days of his presidency, Donald Trump’s efforts to fulfill his many campaign promises have been thwarted at every turn.
Trump has tried – twice – to implement a travel and immigration ban targeting Muslim-majority countries.…