September 2021 - Federal Criminal Law Center

Why Legal Definitions Matter: Van Buren Narrows Definition of Computer Fraud Crime

Posted by Marcia Shein
On September 22, 2021
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When enacted by Congress back in the 1980s, the Computer Fraud and Abuse Act (“CFAA”) was intended to prevent hacking of government computers, computer fraud and other forms of cybercrime. Around that time, there was a popular Hollywood movie released called War Games. In the movie, cyber hackers gained access to government computers that controlled […]

What is Exculpatory Evidence and Why Does it Matter to Your Post-Conviction Appeal?

Posted by Marcia Shein
On September 14, 2021
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In criminal law, exculpatory evidence is some fact, testimony or document that, if used at a criminal trial, might help prove that the accused was not guilty of the charges. Exculpatory evidence includes anything that might directly show the innocence of the accused or that might show an excuse, justification, or defense to the charges. […]

What is a “Search” Under the Fourth Amendment?

Posted by Marcia Shein
On September 7, 2021
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The Fourth Amendment to the US Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Many state constitutions have similar protections. In criminal law, an accused — the criminal defendant — can bring a motion before the […]