CRIMINAL LAW (US)
JURIST legal news archive...




City of New York v. Exxon Mobil Corp: Damages Without Injury
April 23, 2014
JURIST Guest Columnist Eric Lasker of Hollingsworth LLP discusses standing and City of New York v. Exxon Mobil Corp.... It is a fundamental tenet of our constitutional system of justice that courts are limited in jurisdiction to cases or controversies involving injuries that are "concrete, particul....... [more]

Georgia governor signs bill expanding gun carry rights
April 23, 2014
Georgia Governor Nathan Deal on Wednesday signed into law a bill that allows licensed gun owners to carry firearms into many public places, including bars, schools, and certain government buildings. The "Safe Carry Protection Act," dubbed the "guns everywhere bill" by critics, allows school district....... [more]

Supreme Court limits restitution for child porn victim
April 23, 2014
The US Supreme Court ruled 5-4 Wednesday in Paroline v. United States that a victim of child pornography may be entitled to restitution under 18 USC 2259 but only to the extent the defendant's offense proximately caused the victim's losses. Doyle Paroline was convicted of possessing child por....... [more]

Supreme Court rules on 'clearly established' federal habeas law
April 23, 2014
The US Supreme Court ruled Wednesday in White v. Woodall that because the Supreme Court of Kentucky's rejection of Robert Keith Woodall's Fifth Amendment claim was not objectively unreasonable, the US Court of Appeals for the Sixth Circuit erred in granting the writ of habeas corpus. The case arose....... [more]

Supreme Court hears arguments on false political statements, TV copyright
April 22, 2014
The US Supreme Court heard oral arguments in two cases Tuesday. In Susan B. Anthony List v. Driehaus the court heard arguments on whether an Ohio law that imposes penalties for making knowingly false statements about political candidates violates the right to free speech. The Ohio law makes it a cri....... [more]

Oklahoma high court stays executions over lethal injection drug challenge
April 22, 2014
The Oklahoma Supreme Court on Monday stayed the execution of two death row prisoners who have challenged the legality of the state's lethal injection drugs. The stay comes just one day before one of the inmates, Clayton Lockett, was to be executed and one week before Charles Warner was scheduled to....... [more]

Supreme Court upholds traffic stop based on 911 tip
April 22, 2014
The US Supreme Court ruled 5-4 on Tuesday in Navarette v. California that the traffic stop in this particular case was permissible under the Fourth Amendment because the officer had reasonable suspicion that the driver was intoxicated. In 2008 police officers stopped Lorenzo Prado Navarette based on....... [more]

Holder announces expanded clemency guidelines for convicted drug offenders
April 21, 2014
US Attorney General Eric Holder announced Monday that the Department of Justice (DOJ) is expanding its criteria for recommending clemency to federal prisoners convicted of certain drug crimes. Holder's announcement recapped the Fair Sentencing Act (FSA) that President Barack Obama signed into law in....... [more]

Iowa Supreme Court: Mother needed court approval of vasectomy for mentally disabled son
April 19, 2014
The Iowa Supreme Court ruled on Friday that an Iowa mother should have sought court approval before arranging a vasectomy for her mentally disabled son. The court held unanimously that a vasectomy is a "major elective surgery," as well as a "nonemergency major medical procedure" that required court....... [more]

Netherlands high court bans pedophile group
April 18, 2014
The Supreme Court of The Netherlands on Friday banned an online group, "Martijn," that advocates for the legalization of pedophilia. The court held that the dangers of pedophilia are too great to allow the group to continue. This is because, the court reasoned, children are particularly vulnerable....... [more]

Diplomats promise amnesty for Ukraine protesters
April 18, 2014
Russia, Ukraine, the US and the EU on Thursday issued a joint statement on the situation in Ukraine after a Ukrainian military base was attacked in an act of increasing violence between government troops and pro-Russia militias. The statement promises amnesty "to protesters and to those who have lef....... [more]

A New Approach to Marijuana Regulation: In Support of a Potency Tax
April 17, 2014
JURIST Guest Columnist W. David Ball of Santa Clara School of Law argues that the recent trend of states and cities?most recently in Washington, DC?to pass legislation decriminalizing marijuana is a step in the right direction, but does not go far enough towards elevating the problems an....... [more]

Judge upholds New York state gun law
April 17, 2014
A trial judge for the Supreme Court of New York dismissed a lawsuit on Thursday challenging the state's strict gun laws. The plaintiffs, a group of gun rights activists, argued that the New York Secure Ammunition and Firearms Enforcement Act of 2013 (SAFE Act) infringes upon rights granted by the st....... [more]

The Stolen Valor Problem: Bringing Clarity to Speech Restrictions for False Claims of Military Honors
April 16, 2014
JURIST Guest Columnist David Hommel, St. John's University School of Law, Class of 2014, is the author of the ninth article in a ten-part series from the staffers of the Journal of Civil Rights and Economic Development. Hommel discusses false identification of military personnel who have engaged in....... [more]

Iraq government temporarily closes Abu Ghraib prison
April 16, 2014
The Iraqi Justice Ministry on Tuesday temporarily closed Abu Ghraib prison due to security concerns. Reports indicate that Iraqi authorities are concerned about the growing power of a Sunni-backed insurgency within the Anbar province, in close proximity to the prison grounds. A government official r....... [more]




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