Police departments relying on seized assets for their budgets

  • Posted by Marcia Shein
  • On March 30, 2012
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The role of police departments is to protect public safety and enforce the criminal laws of Georgia. When police are provided with incentives to make arrests and facilitate convictions, it can create a situation in which their judgment is improperly influenced. More and more frequently however, Georgia police departments are relying on vehicles, weapons and […]
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Should juvenile offenders be sentenced to life without parole?

  • Posted by Marcia Shein
  • On March 28, 2012
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In the United States, there are 79 individuals who are currently incarcerated and serving a sentence of life without the possibility of parole for crimes that they allegedly committed when they were 14 years old or younger. For most adults, it is likely hard to even remember what we were like at this age. It […]
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Supreme Court recognizes that right to counsel includes plea bargaining

  • Posted by Marcia Shein
  • On March 22, 2012
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The Sixth Amendment to the Constitution guarantees criminal defendants effective assistance of counsel. This right to assistance of counsel has long been understood to include not only the trial itself, but also other “critical” stages of the proceedings. The U.S. Supreme Court yesterday ruled that the plea bargaining phase also entails a right to effective […]
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Clothing executive facing charges over accounting for discounts

  • Posted by Marcia Shein
  • On March 21, 2012
  • 0 Comments
A primary goal of almost every business executive is to increase the value of their company. Corporate vice-presidents and others use their business judgment to increase profits and decrease costs. This effort can take many forms, including staffing and product development decisions, as well as marketing campaigns and strategic partnerships. Occasionally these efforts draw the […]
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Federal prosecutor stops at no length to get the cheese

  • Posted by Marcia Shein
  • On March 16, 2012
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In general, the zealous performance of your job duties is an admirable attribute. We all appreciate it when someone does their job well and takes it seriously. But there is a risk that some people may become overzealous. In most contexts, this may do little more than annoy their colleagues. But when the person is […]
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Same crime, different time

  • Posted by Marcia Shein
  • On March 14, 2012
  • 0 Comments
One of the founding principles of our justice system is that every person should be equal under the law. One important way that this maxim is supposed to apply to our federal criminal courts is that people convicted of a similar crime under similar circumstances, should receive similar sentences. But according to a recent study, […]
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When is an incarcerated suspect not in ‘custody?’

  • Posted by Marcia Shein
  • On March 9, 2012
  • 0 Comments
Common sense indicates that a person who is being held in prison is basically always in state custody. But for purposes of criminal interrogation and Miranda warnings, the U.S. Supreme Court says this is not the case. In fact, even when a prisoner is pulled from the general population and questioned for five to seven […]
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Presumed innocent? Not during a federal appeal

  • Posted by Marcia Shein
  • On March 5, 2012
  • 0 Comments
Most people have a good sense of what is involved in a criminal trial. The burden is on the prosecution to demonstrate that the suspect is guilty beyond a reasonable doubt. The suspect is presumed to be innocent of the crime. A federal appeal in a criminal case is quite different. After a person has […]
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Man charged in alleged informants for hire scheme

  • Posted by Marcia Shein
  • On March 2, 2012
  • 0 Comments
Many federal criminal prosecutions rely heavily upon testimony from other suspects or individuals who have already been convicted and are currently serving prison sentences. It seems that there is always a danger that this type of testimony may be unreliable because the person offering the testimony is usually doing so as part of an arrangement […]
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