Category Archives: Criminal
US Supreme Court to Decide Whether States Can Eliminate Insanity Defense
There are several ‘blockbuster’ criminal cases before the U.S. Supreme Court in October; cases that will significantly determine the rights of criminal defendants during trial. One of those cases—Kahler v. Kansas—involves the question of whether a state can abolish the insanity defense, or whether this violates the eighth and/or 14th amendments to the U.S…. Read More »
Trial, Conviction & Sentencing of Police Officer Who Mistakenly Shot Legal Resident After Entering Wrong Apartment Highlights Power of Castle Doctrine
The nation closely watched the trial of Amber Guyger—the police officer who mistakenly thought that she was entering her apartment and, upon doing so, fatally shot the man who legally lived there, accidentally thinking that he was an intruder—during the month of October. The trial was unique in that, while a number of criminal… Read More »
Criminal Defense Attorneys Petition US Supreme Court to Hear Famous Adnan Syed Case for The Sake of Criminal Defendant Rights Everywhere
In late September, the National Association of Criminal Defense Lawyers filed an amicus brief requesting that the Supreme Court review the criminal case of Adnan Syed, the subject of the famous podcast “Serial,” due to an issue that could affect criminal defendants all over the country. Specifically, the Court of Appeals ruled that Syed’s… Read More »
Supreme Court Traffic Stop Case Could ‘Make or Break’ Our Fourth Amendment Rights
The US Supreme Court will soon hear a case that is going to be instrumental in preserving our Fourth Amendment rights when it comes to traffic stops. Specifically, the case involves the issue of whether police have “reasonable suspicion” to pull over a vehicle if the license plate corresponds with a car owner and… Read More »
New York’s ‘Raise the Age’ Law Is Working Better in Brooklyn Than Anywhere Else
According to statistics recently compiled by the state of New York, the “Raise the Age” law that passed which moves most 16-year-olds accused of crimes out of New York’s Criminal Court and into its Family Court has been accomplished more successfully in Brooklyn than anywhere else in New York. Specifically, these minors have been… Read More »
New York City’s DNA Database for Criminal Suspects: Is It Unconstitutional?
New York City’s collection of genetic data in a DNA database has long been controversial, especially as more and more police departments – including the New York City Police Department- increasingly rely on them. Just over the last two years, the database has grown by close to 30 percent to include more than 80,000… Read More »
New York Court of Appeals Weighs Whether Criminal Conviction Should Be Vacated Due To Juror Misconduct
In New York, a criminal defendant is supposed to be granted a new trial if there is evidence of misconduct on behalf of a juror that supports an argument for the verdict to be set aside; regardless of the juror’s intentions. But how do the courts decide whether there has been a significant amount… Read More »
The Drug Enforcement Administration Just Made an Announcement That Could Be the Beginning of Marijuana No Longer Being Classified as A Schedule I Drug
In August, the Drug Enforcement Agency (DEA) made an incredibly important announcement concerning enabling additional clinical trials for marijuana. Although the announcement applies to research for medical marijuana, for reasons we discuss below, this could lead to marijuana no longer being classified as a Schedule I drug under the Controlled Substances Act. It is… Read More »
New York Starts The Process of Expunging Criminal Records for Low-Level Marijuana Crimes
While New York recently failed to legalize marijuana, state lawmakers were able to reach a compromise that decriminalized possession of a certain amount of the drug and allowed for criminal records to be sealed for those who had low level marijuana convictions. In late August, New York started the process of expunging a number… Read More »
American Bar Association Votes Against Recommending That States Adopt the Affirmative Consent Standard in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have endorsed each state’s criminal laws adopting the affirmative consent standard, which essentially dictates that each sexual encounter was not consensual unless express verbal or physical consent is obtained before every sexual act is obtained. A number of due process advocates and criminal… Read More »
