Category Archives: Criminal Law
Justice for Todd Willingham Haunts Unethical Prosecutor
The wheels of justice turn inexorably slow, but they do turn. The day of justice reckoning has arrived for John Jackson, a former district…
Harris County’s Unconstitutional Bail System Dealt a Critical Blow
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.…
Court Creates New Rules for Mistrials at Punishment Phase
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…
U.S. Supreme Court Says Due Process Requires Refund of Monetary Penalties for Invalidated Convictions
Fines and restitution may be imposed following a criminal conviction in conjunction with the sentence imposed. Fines are commonly imposed in all criminal cases.…
Should State Refund Fines, Fees to a Wrongfully Convicted Person?
In most states, people convicted of crimes pay fines, restitution, court costs and other fees. Most states will refund this money should the criminal…
Immigrants Engage in Crime at Lower Rates than US Born
At a campaign rally in Springfield, Ohio on October 27, 2016, President Donald Trump charged that “thousands of Americans have been killed by illegal…
Defense Attorneys be Warned: Dot Your I’s and Cross your T’s… the Texas Court of Criminal Appeals Favors Prosecutors
The law is as much about procedure as it is about substance. Even the most seasoned criminal defense attorney can default on a critical…
Is Fire a Deadly Weapon?
Texas law requires that criminal courts place “affirmative findings” in their judgment whenever it proven that a “deadly weapon” was knowingly used or exhibited…
Unconstitutional, Void Offense Cannot be Used to Violate Probation
Texas Penal Code § 21.15(b)(1) made it a crime to photograph someone “without the person’s consent” and “with intent to arouse or gratify the…
Cost of Money Bail System in US, Harris County, Obscene
On January 12, 2017, the Pretrial Justice Institute (PJI)published a money bail study that revealed it is costing American taxpayers roughly $38 million a…
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