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Articles 1 - 8 of 8
Full-Text Articles in Jurisprudence
Fourteen Years Later: The Capital Punishment System In California, Robert M. Sanger
Fourteen Years Later: The Capital Punishment System In California, Robert M. Sanger
Robert M. Sanger
Shredded Fish Redux, Robert Sanger
Shredded Fish Redux, Robert Sanger
Robert M. Sanger
The Yates case, in which certiorari had been granted to the United States Court of Appeals for the Eleventh Circuit had been discussed in a previous column of Criminal Justice. The article was entitled “Shredded Fish” because the sea captain in Yates was prosecuted under the document shredding provisions of the Sarbanes-Oxley Act of 2002 for destroying fish. That case has now been decided by the United States Supreme Court in Yates v. United States, on February 25, 2015. The case involves the rule of lenity as well as a discussion of overcriminalization.
Science Is Not Waiting For The Courts, Robert Sanger
Science Is Not Waiting For The Courts, Robert Sanger
Robert M. Sanger
The Forensic Science Community and the federal government are moving far beyond the courts in an effort to improve the quality of scientific evidence and expert testimony in the courts. Major events in forensics have caused a top to bottom reconsideration of what should count as expert testimony. Last month, the National Institute of Standards and Technology (NIST) and the federal Department of Justice (DOJ) convened the first set of meetings of the Organization of Scientific Area Committees (OSAC). This is a forward-looking approach to forensic science.
The first OSAC meetings were held on February 16 and 17, 2015, at …
To Furman Or Not To Furman, Robert M. Sanger
To Furman Or Not To Furman, Robert M. Sanger
Robert M. Sanger
In capital litigation, the United States Supreme Court in Furman v. Georgia and following cases required capital punishment systems to have a form of "narrowing" so that the death penalty was imposed only on the worst of the worst. The death penalty states have failed to successfully implement this concept. As a result, "narrowing" is currently raised in all capital cases by competent defense counsel both at trial and in post conviction litigation. It is raised in addition to all other issues, including issues related to the questions of whether exclusion from the death penalty should be expanded and whether …
Shredded Fish,, Robert Sanger
Shredded Fish,, Robert Sanger
Robert M. Sanger
There are just too many criminal laws and their proliferation has expanded exponentially over the last few decades. This is overcriminalization. In addition, the jurisdiction of federal authorities under general or vague laws has vastly expanded federal criminal prosecution of people and organizations for what otherwise would not be a crime. This is overfederalization and overcriminalization. In this article we will look at the current litigation before the United States Supreme Court that had directly taken on this controversy. The case of Yates v. United States involves briefing by the parties and by amici curae directly invoking and defending the …
New Legal Challenge To Guantanamo Confinement, Robert Sanger
New Legal Challenge To Guantanamo Confinement, Robert Sanger
Robert M. Sanger
We will discuss in this article a new Petition for Writ of Habeas Corpus filed in the federal court relating to the non-release of detainees held at Guantanamo Bay notwithstanding the order of the Administration for their release. As of this writing, the President of the United States has issued orders releasing at least 40 detainees, including Ahmed Adnan Ajam who is the subject of the new Petition. Ironically, under the National Defense Authorization Act for the Fiscal Years 2011-20131 (“NDAA”), the President is restricted from releasing detainees under the NDAA which was enacted as a partisan rider to defense …
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Robert M. Sanger
Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.
Chinese Encounters, Robert M. Sanger
Chinese Encounters, Robert M. Sanger
Robert M. Sanger
A Review of the book Chinese Encounters by Inge Morath and Arthur Miller. Miller inquired about cultural and legal issues in China as one of the first American intellectuals to be given relatively free access to China since the Mao regime. Inge Morath provided remarkable photographs. The significance was the juxtaposition of Miller's adherence to the Western concept of the Rule of Law with the communitarian values of Chinese culture.