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Category: Corruption | Federal Criminal Law
President Donald Trump does not like to be investigated. But Trump’s behavior, and that of his campaign throughout the 2016 presidential election cycle, as well as the president’s behavior during his first six months in office, necessitate, even demand, criminal…
Category: Federal Criminal Law | Fraud | RICO
The Racketeer Influenced and Corrupt Organizations Act (RICO) was passed in 1970. Its initial purpose was to combat organized crime in the United States. For example, the various “families” and other organized groups from New York to Los Angeles that…
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…
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…
Category: Criminal Law | Federal Criminal Law
Moments before he took his own life in a Massachusetts prison this past April, former NFL star Aaron Hernandez was a convicted murderer. The moment life passed from his body in that maximum security cell, he became an innocent man.…
Category: Federal Criminal Law | Violent Crime
Certain crimes, such as murder, rape, robbery, and assault, are generally associated with the often used term “crime of violence.”
What exactly defines “violence” under the law?
Just as importantly, what elevates violent crimes from state…
Category: Federal Criminal Law | Sexual Abuse | Tax Evasion | White Collar Crime
What is abuse of power?
That question has become increasingly important to Americans. A new Quinnipiac poll shows that 54 percent of the people in this country believe that President Donald Trump is abusing the power of the presidency.…
Category: Drug Crime | Federal Criminal Law
The U.S. Constitution guarantees the right to a fair and impartial trial to anyone charged with either a federal or state criminal offense, regardless of the nature of that offense.
U.S. Supreme Court Justice Anthony Kennedy observed several years…
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…
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.…
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