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Criminal Law

Crime & Federalism

Discussing recent news and court opinions, with an emphasis on federalism, criminal law, and civil rights actions.

Post Frequency: 8.6/day

Last Entry: April 01, 2011 at 15:45:19

Shaming Sanction

Posted on August 16, 2009
How do you maintain order without throwing people into prison? What if you can't catch a person breaking the law? What if a person is doing something that might not be illegal, but that is ruining someone else's life? The city of Peoria, Illinois, has found a genius solution...

Assistant United States Jason M. Ferguson is Shady

Posted on August 13, 2009
This is some shady stuff. A criminal defense lawyer is accused of money laundering. The lawyer allegedly accepted what he knew was "dirty" money for payment of legal fees. The United States Attorneys Office for Middle District of Georgia has been recused from prosecuting the defense attorney...

What is a "Criminal Case" Under Chavez v. Martinez: Section 1983 Lawsuits for Violation of the Self-Incrimination Clause

Posted on August 13, 2009
I had an longer post but my computer crashed, and I need to return to work. Here is what you need to know. Today the Ninth Circuit held in Stroot v. City of Everett: A coerced statement has been ?used? in a criminal case when it has been relied upon to file formal charges against the declarant, to determine judicially...

Blog Might Be Down: "I would like to learn how to spell Connecticut."

Posted on August 12, 2009
In Small Time Crooks, Woody Allen's uneducated character bemoans: "I would like to learn how to spell Connecticut." Wise Woody was making a point: Isn't it comical to say we "want" to do something that we're capable of? Does it even make sense to refer to something you won't do, as a "want...

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Second Circuit Civil Rights Blog

Posted on August 11, 2009
"Wait a Second!" is a good blog. It covers Section 1983, ADA, and some criminal procedure. Lengthy entries; well reasoned case summaries. I like it. Check it out.

Corrupt SEC Younglings Enabled Bernie Madoff

Posted on August 11, 2009
Every lawyer I know who litigates against the SEC uses the same cliche, "It's like taking candy from a baby, Mike." A new book discusses how SEC younglings treated Bernie Madoff: YOUNG, inexperienced government regulators were so wowed by Bernard Madoff's ritzy Midtown headquarters that they asked about job openings and dropped off resumes while missing clear evidence he was...

Alex Kozinski on Ethics and Henry Paulson

Posted on August 11, 2009
In 2005, Alex Kozinski wrote a brilliant article in Legal Affairs on judicial ethics. He noted that current ethics laws are mostly trivial. A judge, e.g., must recuse himself when hearing a case involving a corporate client if the judge is a shareholder in the company...

So Much for Don't Blame the Victim: Ninth Circuit Validates Suicide-by-Cop

Posted on August 11, 2009
The Recorder has the details.

Four Concentric Circles

Posted on August 11, 2009
If you don't believe me, trace the outline of each circle with your mouse or finger. Our eyes don't deceive us, since our eyes only gather sensory data. It's our brains that do the processing. Everyone recognizes the validity of optical allusions; few recognize that our brains make similar mistakes when thinking about politics, policy, and personal problems.

Census to Count Illegal Immigrants, Giving Democrats More Seats in Congress

Posted on August 10, 2009
Next year?s census will determine the apportionment of House members and Electoral College votes for each state. To accomplish these vital constitutional purposes, the enumeration should count only citizens and persons who are legal, permanent residents...

Henry Paulson Lied to Congress About AIG and Goldman Sachs

Posted on August 10, 2009
Former Secretary of the Treasury Henry Paulson testified before Congress about his role in the bailout of A.I.G. During his July 16, 2009 sword testimony, Paulson said: ?I want you to know that I had no role whatsoever in any of the Fed?s decision regarding payments to any of A...

Do Parents Have a Constitutional Right to Kill Children?

Posted on August 10, 2009
Interesting case out of the Ninth. Too busy to blog now. Check it out: Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard...

Eliot Spitzer Discusses AIG, Goldman Sachs, and Henry Paulson

Posted on August 10, 2009
Henry Blodgett recently interviewed Eliot Spitzer. Here is one interesting excerpt:

Henry "Hank" Paulson's Federal Crimes

Posted on August 09, 2009
Here is a great law school exam idea for a course in White Collar Crime. Dear Student, You are a young, knowledgeable, ethical federal prosecutor in the Southern District of New York. You take seriously your promise to provide equal justice under the law...

Hank Paulson and Goldman Sachs Are RICO Enterprises

Posted on August 09, 2009
There is now no doubt that Henry Paulson and Goldman Sachs have committed numerous felonies. Paulson laundered several billion dollars of money through A.I.G. to Goldman Sachs. Paulson lied to Congress about the true nature of TARP. Paulson also violated the honest-service statute, which makes it a felony for a government official to breach his fidicuariy obligation to taxpayers: Paulson...

Paulson's Perjury

Posted on August 09, 2009
I am preparing a letting outline a perjury case against Henry Paulson. I am addressing the letter to Representative Cliff Stearns. Please review the letter and offer your feedback. I want to finalize the letter tonight. I am most interested in feedback on legal concepts and overall organization...

Eighth Circuit Court of Appeals Has RSS Feed

Posted on August 07, 2009
Want case summaries delivered to Bloglines, Google Reader, or whatever RSS device you use? The Eighth Circuit Court of Appeals now has an RSS feed: http://www.ca8.uscourts.gov/rss/ca8opns_rss.xml I don't do any work in the Eighth Circuit, but their decisions (especially their Section 1983 opinions) are usually sound and well reasoned...

United State Senate Declares: Chris Dodd May Accept Bribes from Subprime Lenders

Posted on August 07, 2009
Connecticut Senator Christopher Dodd received a better mortgage deal from subprime lender Countrywide, simply because Dodd was a United States Senator. Today, the United States Senate cleared Dodd of wrongdoing. According to CNBC: In the end, it takes a lot for the country's most elite club to turn on one of its own...

Judge Refuses to Confirm Sham Bank of America-SEC Settlement

Posted on August 06, 2009
Rulings like these will be good news for America: A judge Wednesday balked at signing off on a $33 million proposed settlement between the Securities and Exchange Commission and Bank of America Corp. over executive bonuses. Bank of America on Monday agreed to pay the penalty to settle government charges that it misled investors about Merrill Lynch's plans to pay...

Cash for Clunkers: Ending is Better than Mending?

Posted on August 06, 2009
Cash for Clunkers is a fantastic program to think about. We could spend hours talking about it. Consider the angles: ?Ending is better than mending.? That was the theme of the best under-read book out there: Brave New World. It ?Ending better than mending? really a good societal value to teach? Next up: Cash for Trophy Wives...

Unethical Prosecutor, Dan Satterberg, Excuses Police Misconduct

Posted on August 05, 2009
Thanks to the Internet, we no longer need to take unethical prosecutors like King County prosecutor Dan Satterberg at their word: King County prosecutors will not file criminal charges against a sheriff's deputy who slammed a man into a wall so hard after a foot chase that he was left in a coma...

Bernie Madoff and Goldman Sachs

Posted on August 05, 2009
When Bernie Madoff made market gains that left everyone scratching their heads, people called the SEC. The SEC wasn't too interested. We all know how that ended. Investors lost everything. None of the crooks, liars, and bozos from the SEC lost anything...

Larry Summers Protects Goldman Sachs; Forces Out Cybersecurity Czar Melissa Hathaway

Posted on August 04, 2009
Cybersecurity Czar Melissa Hathaway has resigned for "personal reasons." The real story is much more interesting. Siobhan Gorman of the Wall Street Journal reports: People familiar with the matter said Ms. Hathaway has been "spinning her wheels" in the White House, where the president's economic advisers sought to marginalize her politically...

Myth Busters: Prosecutors as Disinterested Public Servants

Posted on August 04, 2009
One of many myths about prosecutors is this: They are humble, disinterested public servants. And so, it is poor form for a lawyer to accuse a prosecutor of filing a high-profile case in an effort to win a promotion or to gain publiclity for a move to a lucrative private sector job...

Philadelphia Police Officer Caught on Tape Assaulting Woman

Posted on August 03, 2009
Alberto Lopez Sr. assaulted a woman. He then arrested her for assaulting a police officer. At a preliminary hearing, he lied under oath. The victim of police misconduct was ordered to stand trial. Then this videotape surfaced. Philadelphia police officers asked the gas station owner to delete it...

When is Pointing a Gun at Someone Excessive Force?

Posted on August 03, 2009
Baird v. Renbarger, No. 08-2436 (CA7) (denying qualified immunity to police officer who pointed submachgine gun at citizens who posed no threat to officers) provides an outstanding discussion of excessive force within the context of pointing a gun at civilians who poses no threat to the officer...

Corrupt Prosecutor Seeks to Strike Deal With Sergey Aleynikov

Posted on August 03, 2009
Matthew Goldstein, the Reuters blogger who broke the Aleynikov story, is reporting: It looks like federal prosecutors may be trying to cut a deal with alleged Goldman Sachs high-frequency trading code stealer Sergey Aleynikov.Today was the day for prosecutors to indict Aleynikov, who was arrested on July 3 on the theft charges...

Police Plant Drugs on Motorist

Posted on August 01, 2009
They even had their own hand signal. Obviously, then, this is not the first time these officers have planted drugs on an innocent citizen. EMBED-Cops Plant Drugs On Suspect - Watch more free videos

State v. Outing and Change Blindness: Will the Connecticut Supreme Court Respect Empirical Evidence?

Posted on July 30, 2009
There's an interesting case pending before the Connecticut Supreme Court. The Court states the issues as follows: [T]he defendant sought to introduce expert testimony regarding, among other things, the following identification concepts: (1) that witnesses who experience heightened levels of stress during a crime tend to make inaccurate identifications; (2) that under the "weapons focus effect," witnesses tend to focus...

What's the Standard of Review in the Ninth Circuit?

Posted on July 30, 2009
I just remembered that the Ninth Circuit Court of Appeals has a huge digest of cases discussing the standard of review. It's several-hundred pages of stuff. Well worth reading and bookmarking. Do any other Circuits have a similar digest? If so, please post a comment with a link to the source material.

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