August 2011 - Federal Criminal Law Center

Many Atlanta police officers lacked authority to make arrests

Posted by Marcia Shein
On August 30, 2011
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The Atlanta Police Department has determined that at least 50 officers did not have the proper authority to make arrests due to incomplete training. Arrests made by these officers go back several decades and could have wide-spread repercussions for past convictions and pending criminal charges. Since 1990, police officers have been required by state law […]

Posted by Marcia Shein
On August 26, 2011
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Regardless of the stature of a person indicted for a crime, in the United States criminal justice system, all individuals are innocent until proven guilty. When a famous person is indicted for a crime, however, the public often condemns the person before the criminal justice system is allowed to run its course. The reality however, […]

Posted by Marcia Shein
On August 24, 2011
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Earlier this week a federal judge in Brooklyn ruled probable cause must exist and a warrant must be issued before it will be possible to access cell phone records that would show the location of a customer 24-hours a day. In the Matter of an Application of the United States of America for an Order […]

Posted by Marcia Shein
On August 18, 2011
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For many years, service dogs have been allowed in courtrooms. Typically, these dogs have helped people with disabilities function in court. However, a relatively new trend involving dogs in the courtroom may raise troubling issues of constitutional fairness. The New York Times recently told the story of Rosie, a judicially approved comfort dog who sits […]

Posted by Marcia Shein
On August 16, 2011
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In the present real estate market, law enforcement authorities have focused more of their resources on mortgage fraud and bank fraud cases. However, the types of cases presently being brought into court are different from the type of cases we see in a stronger real estate market. A recent case against a pair of real […]

Posted by Marcia Shein
On August 11, 2011
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The Fair Sentencing Act of 2010 changed the potential sentences that defendants face for crack cocaine offenses. The act’s goal was to bring sentences for crack cocaine offenses closer to sentences for offenses related to powder cocaine. The new crack sentencing standards went into effect in August 2010, but this caused some confusion about how […]

Posted by Marcia Shein
On August 9, 2011
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As the recent mistrial in the Roger Clemens case demonstrates, prosecutors must obey the rules of evidence. When prosecutors violate a judge’s order or the rules of evidence, a defendant is often unfairly harmed as a result. However, not every violation of evidence rules results in a mistrial. On some occasions, juries can be unfairly […]

Posted by Marcia Shein
On August 5, 2011
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In prosecutions for economic and financial crimes in the federal criminal justice system, the sentence a defendant faces depends on the amount of money that was lost because of the crime. However, a quirk in the sentencing guidelines has led to some confusion over the years. The sentencing guidelines instruct judges to look at both […]

Posted by Marcia Shein
On August 3, 2011
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In criminal cases, a defense attorney’s performance can make the difference between a positive and negative outcome for a defendant. Because of this, defendants have the constitutional right to the effective assistance of counsel. Now, the Supreme Court is considering two cases that focus on whether this constitutional right applies during plea agreements. People facing […]

Many Atlanta police officers lacked authority to make arrests

Indictment against former managing director of the IMF dismissed

Warrant required to access long-term cell phone records

Are prosecutors unfairly using comfort dogs to influence juries?

Real estate agent receives shortened sentence in bank fraud case

Federal Court of Appeals applies crack sentences retroactively

Appeals court reverses fraud convictions

Federal court appeals addresses loss calculation in sentencing

Should the right to effective assistance apply to plea bargains?