February 2012 - Federal Criminal Law Center

Eleventh Circuit upholds protection against self-incrimination

Posted by Marcia Shein
On February 27, 2012
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In last week’s posts, we looked at how the concept of “constructive possession” can be applied in criminal cases involving alleged computer crimes. In this post, we will look at a different federal case that at first sounds somewhat similar. But this case does not involve the possession of the data on the computer. Instead, […]

Posted by Marcia Shein
On February 24, 2012
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In our earlier post we introduced you to the concept of constructive possession as it applies to evidence in federal criminal trials. A suspect can be said to constructively possess an item when the suspect has exclusive control over the premises in which that item is found. So if a suspect owns a storage locker […]

Posted by Marcia Shein
On February 22, 2012
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Computer forensics is an important part of many federal criminal trials. When the case involves allegations of internet crimes, pornography charges, or other illegal online activity, the most important evidence may be the information on the computer hard drive. In many ways the search and retrieval of evidence from a computer is like the search […]

Posted by Marcia Shein
On February 16, 2012
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In our first post in this series, we looked at several factors that can decrease the reliability of witness identifications in criminal prosecutions. While witnesses may earnestly believe that they are, in fact, identifying the same individual that they saw commit a criminal act, too often the witness is simply wrong. Witness identifications can be […]

Posted by Marcia Shein
On February 14, 2012
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In movies and television, it is one of the most dramatic moments in a courtroom drama. The witness, sitting on the stand, raises a finger and points to the suspect and calls out that they saw the defendant commit the crime. But in reality, witness accounts of events are notoriously inaccurate. In many of the […]

Posted by Marcia Shein
On February 10, 2012
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About 90 years ago, a man named Charles Ponzi had a potentially money-making idea. The original plan was not only seemingly economically promising, but also apparently legal. It involved purchasing postal coupons in the aftermath of World War I. By purchasing the coupons at a discount in Italy and reselling them in the United States, […]

Posted by Marcia Shein
On February 7, 2012
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In recent decades, hospital stays have generally gotten shorter. Many procedures that would have traditionally required at least a few days of recovery in the hospital are now done on an outpatient basis. This is partially due to innovative techniques, which allow procedures to be less invasive, therefore allowing for a quicker discharge. It may […]

Posted by Marcia Shein
On February 3, 2012
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In the wake of Hurricane Katrina, many people sought refuge in various part of Georgia. The hurricane destroyed many homes and neighborhoods. Having to relocate, even temporarily, proved to be an expensive undertaking and especially difficult for those who were already struggling financially before the storm. While the response to the storm by the Federal […]

Posted by Marcia Shein
On February 1, 2012
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As we all learned in school, our federal government has three separate branches each having a distinct role to play. The legislative branch makes the laws and the judicial branch applies those laws to individual situations. In some situations, these lines can become blurred such as when policy makers attempt to require judges to impose […]

Eleventh Circuit upholds protection against self-incrimination

Constructive possession in computer crime cases (2 of 2)

Constructive possession in computer crime cases (1 of 2)

Questioning the reliability of witness identifications (2 of 2)

Questioning the reliability of witness identifications (1 of 2)

Federal charges for Ponzi Schemes

Medical discretion or Medicare fraud?

Georgia man charged with defrauding FEMA

Federal Sentencing Guidelines, a political football