Tag Archive: criminal justice

Aug 29 2016

Top Six Things the Public Should Take Away From HBO’s “The Night Of”

HBO’s excellent short series “the Night Of” concluded last night. If you haven’t seen it all I warn you that this post may contain spoilers. Lots of my friends in the legal community are complaining about many inaccuracies in the way trial, prosecutors and criminal defense were portrayed. My answer to them has generally been …

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Aug 23 2016

Of Mice and Men and Death in Texas: SCOTUS to Review Use of “Lennie” Standard in Death Penalty Cases

In 2002, the Supreme Court of the United States in Atkins v. Virginia ruled that executing an intellectually disabled person was a violation of the Eighth Amendment to the Constitution which prohibits “cruel and unusual punishment.” Here’s what Justice John Paul Stevens wrote in his opinion:”Construing and applying the Eighth Amendment in the light of …

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Jun 21 2016

Latest Warrant Decision by SCOTUS Ignores Reality

The Supreme Court ruled on Monday that evidence found by police officers after illegal stops may be used in court if the officers conducted their searches after learning that the defendants had outstanding arrest warrants. Justice Clarence Thomas, writing for the majority in the 5-to-3 decision, said such searches do not violate the Fourth Amendment …

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May 31 2016

Don’t Criminally Charge “Gorilla Mom”

I get it. The 4 year old who got into the gorilla area at the Cincinnati Zoo had to climb or crawl past a railed fence, walk through some brush and drop 15 feet down into the moat where he encountered Harambe, the male silverback gorilla. It took some work and we all wondered when …

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