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Full-Text Articles in Law
Government Denial Under Oath – Hidta, Hemisphere And Parallel Construction, Robert Sanger
Government Denial Under Oath – Hidta, Hemisphere And Parallel Construction, Robert Sanger
Robert M. Sanger
In September of last year, the New York Times reported on a remarkable program of the United States Government that involved spying on domestic phone records without a warrant.1 The news had a limited independent impact as it seemed to be lost in the disclosures of Michael Snowden regarding the National Security Administration (NSA), which purportedly was aimed at foreign terrorists but also included domestic targets. Yet, this program, called “Hemisphere,” was authorized by the Office of the President of the United States, Office of Drug Control Policy, under the High Intensity Drug Trafficking Area Program (HIDTA) and it primarily …
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 …
A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger
A Scientific Approach To Scientific Evidence: A Four-Stage Rule For Admissibility And Scope, Robert Sanger
Robert M. Sanger
Scientific or expert testimony is often critical in criminal cases. The Supreme Court has established that the trial judge is the "gatekeeper" who is to determine what evidence is allowed before the jury. The current rules of evidence are not organized in a way that makes this task readily intelligible. This chapter proposes a more direct our-step process to accomplish the gatekeeping function.