Criminal Justice

19816 ABA Journal Criminal Justice articles.

ABA supports universal background checks, other proposals to curb gun violence, lawmakers told
ABA President Patricia Lee Refo is urging leaders of the Senate Judiciary Committee to consider the association’s proposals to curb “the scourge of gun violence in America.”
Amy Breihan has dedicated her career to helping juvenile lifers seek parole

It’s been nearly nine years since the U.S. Supreme Court ruled in Miller v. Alabama that mandatory life without parole for juveniles violates the Eighth Amendment. It’s been five years since it held in Montgomery v. Louisiana that its 2012 decision was retroactive. In that time, Amy Breihan has helped seek second chances for prisoners in Missouri who were younger than age 18 when they were sentenced to life behind bars.

Afternoon Briefs: No-mask lawyer’s lawsuit tossed; suit alleges 60-plus mistaken-identity arrests

Judge tosses case for lawyer’s refusal to wear mask

Judge Lawrence Knipel of New York City has tossed a car-crash lawsuit because of a lawyer’s refusal to wear a face…

Supreme Court reinstates murder conviction, says 6th Circuit ignored ‘ample evidence’
The U.S. Supreme Court on Monday reinstated the murder conviction of a Tennessee death-row inmate accused of killing a motel maid, ruling that a federal appeals court had relied on a “fanciful theory” to grant him a new trial.
How quickly can Biden deliver on policing reform?

President Joe Biden promised criminal justice reforms but has had to balance competing interests between progressives and moderates as he finalizes his Cabinet.

Falling behind on rent could mean jail time in one state, but that could change

Only Arkansas permits criminal consequences for nonpayment of rent—and it has enforced the law during the pandemic. Now, after ProPublica investigated the practice, some legislators want to revoke the statute.

Afternoon Briefs: State supreme court limits use of bail; prosecutors in this state may face stricter discipline

California judges must consider defendant’s ability to pay when setting bail, ruling says

The California Supreme Court ruled Thursday that it is unconstitutional to keep criminal defendants behind bars simply…

Voluntarily intoxicated rape victims aren’t ‘mentally incapacitated,’ top state court rules
Victims who willingly consume alcohol or drugs before they are sexually assaulted aren’t “mentally incapacitated,” the Minnesota Supreme Court ruled Wednesday.
Secret camera recordings can be used against nanny at trial, state supreme court says
A divided Pennsylvania Supreme Court ruled Thursday that secretly recorded audio can be used against a nanny accused of assaulting three young children.
They didn’t commit new crimes, but they’re going back to prison

Because of a Tennessee court fight regarding ‘armed career criminals,’ men who had been released from prison were sent back

Virginia becomes the first Southern state to eliminate the death penalty
Virginia Gov. Ralph Northam signed a bill ending the death penalty Wednesday, making Virginia the 23rd state to eliminate capital punishment and the first Southern state to do so.
Roberts, Kavanaugh join with liberal justices to rule for woman shot by police while fleeing
A woman who continued to flee after being shot by police has the same Fourth Amendment rights against unreasonable seizure as a person who is detained, the U.S. Supreme Court ruled Thursday.
‘Crime Scene: The Vanishing at the Cecil Hotel’ and the problem with internet sleuths

Real people suffered as a result of web detectives’ resolve in their “investigation” in the Elisa Lam case.

Afternoon Briefs: Judge irked by ‘60 Minutes’ interview; Caesars sues insurers for pandemic losses

Federal judge warns of trying Capitol riot case in media

U.S. District Judge Amit Mehta of the District of Columbia on Tuesday warned prosecutors about trying a U.S. Capitol riot…

Federal prosecutor is removed from criminal cases after allegations of witness pressure
An assistant U.S. attorney in Kansas is no longer handling criminal cases after a federal judge criticized her conduct in a prosecution and noted that she apparently accessed recordings of attorney-client phone calls.

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