ABA Journal

Criminal Procedure

1602 ABA Journal Criminal Procedure articles.

Was there a go-between in the murder of law prof Dan Markel? Defense offers alternative theory

Lawyers for Katherine Magbanua, accused of being a go-between in the murder of law professor Dan Markel, offered an alternative theory of the case in opening statements Wednesday.

EmotionTrac analyzes facial expressions in real time to help lawyers pick juries, market themselves

Facial recognition software is becoming a greater part of our everyday lives. But the technology is controversial and not without its critics. Questions about its accuracy—especially relating to recognizing minority faces—remain.

Man arrested in lawyer’s 2016 murder was opposing litigant in family trust dispute, defamation case

Police have arrested an opposing litigant in the death of Dallas lawyer Ira Tobolowsky, who was found dead in a suspicious garage fire in May 2016.

6th Circuit tells judge he can’t reject plea bargains for ‘extraneous policy considerations’

A federal appeals court has issued a writ of mandamus that requires a Detroit federal judge to reconsider his rejection of a plea bargain after telling the parties that he disapproved of deals that require defendants to waive appeals.

Execution stayed for Texas woman who confessed in toddler’s death after 100 denials

The top criminal court in Texas has stayed the execution of Melissa Elizabeth Lucio, who confessed to the murder of her 2-year-old daughter after repeated denials during an hourslong interrogation.

HBO’s ‘Life of Crime’ and a career defending the same

Crime is consistent. After all, if we look back to the world’s oldest “criminal codes” (the Code of Ur-Nammu—circa 2100 to 2050 B.C.; the Laws of Eshnunna—circa at least 1930 B.C.; the Code of Lipit-Ishtar—circa 1934 to 1924 B.C.; and the Code of Hammurabi—circa 1755 to 1750 B.C.), we see actions such as false charges and testimony, theft, distraint, trespassing, kidnapping, sexual offenses, bodily harm and murder outlawed, with punishment ranging anywhere from a fine, maiming or death. Although there have seemingly always been penalties, crime continues.

Former judge faces prison time after pleading guilty to sexual assault of 2 court employees

A former judge in Washington, who was accused of sexually assaulting two former court employees, agreed to a plea deal as his trial was set to begin Monday.

SCOTUS should not restrict counsel’s investigations in death penalty cases, ABA says

In an amicus brief filed Monday, the ABA urged the U.S. Supreme Court to reaffirm that counsel representing habeas petitioners should be able to investigate new evidence without first proving that the evidence will provide relief to their clients.

Oklahoma seeks death penalty against former lawyer and client in triple murder

Prosecutors in Oklahoma are seeking the death penalty against a former criminal defense lawyer and her former client for allegedly murdering three people.

SCOTUS rules for plaintiff who sued police after prosecutors dropped resisting-arrest charge

The U.S. Supreme Court ruled 6-3 Monday that a plaintiff can pursue his Fourth Amendment lawsuit against police officers for malicious prosecution as long as his prosecution ended without a conviction.

ABA policy summit yields recommendations for racial equity and social justice

“Since the 2020 presidential election, the Biden-Harris administration has offered policy correctives on a spectrum of civil rights and social justice issues. Still, we have more to accomplish,” writes ABA Journal columnist Engy Abdelkader.

Duped: New book explores what makes people confess to crimes they didn’t commit

Hanging on a wall in Saul Kassin’s office at John Jay College of Criminal Justice in New York City are photos of 28 people who confessed to crimes they didn’t commit. He periodically updates this collection, which he calls his “wall of faces,” as more false confessions come to light. Kassin has written a new book exploring this phenomenon, Duped: Why Innocent People Confess and Why We Believe Their Confessions.

Teen sentenced to 3 months by SCOTUS nominee Jackson felt ‘confusion and shock’ from images, his lawyer says

Many Republican members of the Senate Judiciary Committee have focused their attention on a three-month sentence that U.S. Supreme Court nominee Judge Ketanji Brown Jackson imposed on a youth in a child pornography case.

South Carolina announces it can conduct executions by firing squad

South Carolina now has the ability to carry out executions by firing squad, the South Carolina Department of Corrections recently announced.

Did Jackson call Bush and Rumsfeld war criminals? Sen. Durbin has an explanation

U.S. Supreme Court nominee Judge Ketanji Brown Jackson seemed puzzled when Republican senators accused her Tuesday of labeling former President George W. Bush and the late Donald Rumsfeld, a former secretary of the Department of Defense, as war criminals.

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