Article II, Section 2, clause one, of the Constitution, dealing with the powers and duties of the President, provides that he or she “shall have the power to grant Reprieves and Pardons for Offences against the United States, except in…
Category: Federal Criminal Law
2017
Category: Criminal Law | Federal Criminal Law
The nation’s “prison industrial complex”—which drew its name from the “military industrial complex” coined by President Eisenhower in 1959—began in earnest with President’s Reagan “Crime Control Act of 1984” and was provided with steroids through President Clinton’s “Violent Crime Control…
2017
Category: Criminal Justice Reform | Federal Criminal Law
By: Houston Criminal Defense Lawyers John T. Floyd and Chris Choate
Could U.S. Attorney General Jefferson Beauregard Sessions III be on the fast track to one of those federal prisons he has been trying to fill since becoming attorney…
2017
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…
2017
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…
2017
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…
2017
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…
2017
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.…
2017
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…
2017
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.…