Introduction The public, legislators, prison officials, judges, and historians alike are all waking up to the fact that the United States’ criminal justice system is clearly in dire need of reform. And finally, it appears that the words criminal justice + reform are...
Fourth Amendment Update: US Supreme Court Rules GPS Trackers are a Form of Search & Seizure: http://www.theatlantic.com/…/supreme-court-if-youre…/389114/
On April 10th the United States Sentencing Commission voted unanimously to amend and reduce the federal drug sentencing guidelines. The Commission estimates that approximately 70% of federal drug trafficking defendants would qualify for the change, which would result...
United States appealed the granting of defendant’s motion to suppress which was granted due to bare bones, cut and paste facts in a search warrant affidavit. Underwood w •The Ninth Circuit held that: –Conclusions of affiant unsupported by underlying facts can’t be...
Lira appealed his 120-month mandatory minimum sentence imposed following his jury trial conviction for use or carrying and possession of firearms in furtherance of a drug trafficking offense, in violation of 18 U.S.C. § 924(c). He was convicted in Counts I-III of...
The California Court of Appeal of the Fifth Circuit held in In re Cabrera recently that possession of photocopies of drawings signed by prison gang members or associates is not sufficient to establish association with those artists. Under the Due Process Clause,...
The United States Supreme Court recently decided a number of criminal cases of interest to citizens, criminal law practitioners, and constitutional law aficionados. This roundup summarizes the following cases: Bailey v. United States (search & seizure); Evans v....
With the advancement of technology, there has been a controversy in the legal community surrounding the seizure of DNA samples from felony arrestees. California’s DNA Act was amended in 2004, enabling law enforcement officials to take DNA samples from any adult...
On May 23, 2011, the Supreme Court of the United States gave California officials a strict order to cut its prison population by at least 23%, reducing its inmate population from 143,435 to 109,805. In Brown v. Plata, Justice Anthony M. Kennedy made the concluding 5-4...
The 9th Circuit Court of Appeals reversed a district court judgment - that of Judge Patel. The court held that the government's decision to carry out an earlier threat to increase a defendant's potential sentence following his refusal to cooperate as a witness in a...