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June 2016 Archives

Supreme Court looks at warrant requirements in context of state implied consent laws, P.2

In our previous post, we began looking a United States Supreme Court decision rendered just this week which dealt with the constitutionality of imposing criminal penalties upon drivers who refuse to submit to chemical testing. More specifically, the question was whether the U.S. Constitution requires law enforcement officers to obtain a search warrant to conduct chemical testing on suspected drunk drivers.

Supreme Court looks at warrant requirements in context of state implied consent laws, P.1

The legality of searches and seizures is an important issue to consider in any criminal defense case. Under the United States Constitution, searches and seizures must be reasonable, and there is a significant body of case law dictating what law enforcement officers are allowed to do and what they are not allowed to do under the Constitution.

Appeals Are Not The End

Losing an appeal can be very stressful, but it is important to remember that a lost appeal does not have to be the end of everything. Many cases go through several appeals, but they are still being handled by an attorney who believes that there is more to be done. Losing one appeal may give you the opportunity to appeal again, including several more times. Additionally, there are other options besides further appeals, including habeas corpus actions and the different ways in which federal, state, and district courts handle post-conviction matters.

Judge's sentence in drug crime: Focus on future instead of prison

It was a stupid move. She knows it, and basically admitted to it in court. But then, a young woman in love does stupid things. Anyone who has been young and in love can remember a decision or two that makes them cringe in retrospect. Unfortunately, this young woman's decision could have cost her decades behind bars.

When teens are accused of the most serious crimes: Part II

In our last post, we began a discussion about prosecuting and sentencing defendants who are under the age of 18. While our criminal justice system is supposed to show leniency to children and teenagers (based on their capacity for reform and their still-developing sense of impulse control), this leniency is not uniform. Minors who commit murder and other serious crimes are often prosecuted and sentenced as though they are adults.

When teens are accused of the most serious crimes: Part I

All of us can remember things we said or did as teenagers that we now regret. And this doesn't just apply to tasteless fashion choices. At some point, every teenager makes mistakes and engages in behavior that they wish they could take back. Sometimes, they see the error of their ways immediately. Other times, they only come to regret their choices after earning the wisdom of adulthood.

Internet crimes: disclosure of hacking software may be necessary

Last month, we wrote about the important intersection between law enforcement powers and our right to privacy. The Fourth Amendment offers protections against "unreasonable search and seizure," but that standard isn't always easy to define - especially when it comes to our electronic devices.

Recidivism prediction software used by courts may be biased

There is little doubt that bias - both conscious and unconscious - negatively impacts outcomes in the criminal justice system. America's long-standing problems with race and class discrimination are perhaps the most pressing biases plaguing criminal justice.

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Robert D. DiDio
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