Criminal Procedure

1338 ABA Journal Criminal Procedure articles.

Cash-register justice: Fees collected from defendants are funding the system

Proponents of bail bond reform argue that bond retention statutes are unconstitutional, unfairly place the cost of criminal justice on the backs of defendants before they have been convicted of any crime, and result in innocent people pleading guilty, many of them indigent.

Judge accused of ordering handcuffing, jailing of litigants should be removed, commission says
The New York Commission on Judicial Conduct has recommended the removal of a Sullivan County judge accused of ordering the jailing and handcuffing of litigants for contempt without following procedural safeguards.
Is ‘Live PD’ better or worse for officers and the criminal accused?

I’ve talked with many disappointed individuals following a “ride-along” with law enforcement. The most common complaint is the lack of “action” during the experience. I’m sure there are plenty of…

Amid novel coronavirus fears, juvenile lockups are cutting visits
Ophelia Davis, of Columbia, South Carolina, says she doesn't know if she'll see her grandson again. That's not just because she's in the demographic most vulnerable to the coronavirus—she's 67, has an autoimmune disease and is currently struggling with a cough that she thinks is just the pollen. It's also that her grandson is in juvenile detention, and as has been happening across the country, the jail where he's confined has indefinitely ended all visits between families and their children.
Why the prison population is so vulnerable to COVID-19
As coronavirus spreads through Florida, Jack McFarland is urging officials at Madison Correctional Facility to prepare a separate dorm for himself and other older prisoners. At 64, McFarland has spent the last 28 years in prison, and his age puts him at a higher risk of serious complications should he become infected.
Judges must consider defendants’ ability to pay fines and fees, ethics opinion says
Judges must take steps to ensure individuals have the ability to pay before threatening incarceration, revoking probation, exercising contempt powers and similar conduct, says a recent ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility.
How the coronavirus is upending the criminal justice system
Afternoon Briefs: Mueller indictment of Russian firms tossed; ex-juvenile delinquent now a lawyer

Judge tosses indictment of Russian firms at prosecutors’ request

U.S. District Judge Dabney Friedrich granted prosecutors’ request Monday to toss an indictment against two Russian companies accused of…

Afternoon Briefs: Lawyer threatened jail time for people with unpaid 911 bills; R. Kelly indicted on new charges

Lawyer threatened jail to people with unpaid 911 responder bills

After a debt collection attorney allegedly threatened more than 800 people with imprisonment for not paying money owed to Trinity…

Number of crimes committed by released arrestees jumped after Chicago-area bail reform, study says
An analysis of bail reform in Cook County, Illinois, underplayed the increase in crime that followed, according to a University of Utah study and a review by the Chicago Tribune.
ABC’s ‘For Life’ reminds us of a life sentence’s severity

When I see a new “legal drama” on one of the “Big Three” television networks, the cynic in me comes out in full force. There are so many aspects of…

Tenured law professor who lied to IRS will return to teaching
A tenured bankruptcy and corporate finance law professor who lied to the Internal Revenue Service will keep his job at the University of Minnesota.
Authorities say lawyer ran from police over $200 lap dance tab
Authorities say an Oregon lawyer who refused to pay for a $200 lap dance led police on a foot chase through a blackberry briar and train tunnel near the strip club.
Lawyer, author and founder of program for wrongfully convicted dies at 52
Laura Caldwell, a lawyer, author and founder of a project that supported the wrongfully convicted, died Sunday after a long battle with breast cancer.
District attorney faces indictment over drug possession and misconduct
A district attorney in northeastern Colorado has been indicted by a grand jury on three counts of controlled substance possession and conspiracy and one count of official misconduct.

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