A case that got appealed to the Circuit Court of the District of Columbia following a conviction for second-degree murder has been overturned in the defendant’s favor because the prosecutor made an interesting mistake: He got the law wrong. The case began in Germany, when ex-military member Rico Williams, who had stayed abroad to be… Read More
Federal Crimes
Why the Criminal Justice System Exists
The criminal justice system in the United States is such a big part of our lives that it is easy to accept it as a necessity without much thought. However, for something so integral to our lives, that should not be the case. Everything in the government should have its purpose, including the very concept… Read More
The Reason We Have Habeas Corpus
The American system of government is based on the idea of “checks and balances.” As a whole, the U.S. government is composed of three branches – the executive, the legislative, and the judicial – each of which has a set of abilities that checks the powers of the other branches, creating balance in the government…. Read More
When Habeas Corpus Was Suspended: Lessons from the Civil War
If you have been convicted of a crime and are being held in jail, you still have several options. One of these options is to appeal your conviction, arguing that the court that convicted you made one or many mistakes, and that your conviction was, therefore, wrongful. However, even if you have exhausted all of… Read More
The Federal Sentencing Guidelines
In the 1980s, the United States went through a phase in its criminal justice system that we are still dealing with today. Back then, police, prosecutors, and other law enforcement officials got the ear of prominent politicians and the public, and convinced people that we had to be “tough on crime.” New laws were passed… Read More
Discretionary Appeals Versus Appeals as of Right
If you have been indicted for a federal crime, taken to trial in federal court, and were found guilty and sentenced, then you have the right to appeal the ruling to the Circuit Court. This is because following a trial in the federal court system, any appeal that you make to the federal appellate… Read More
Marcia Shein’s Cyber Crimes Article Published in The Champion
Attorney Marcia Shein was published this month in The Champion, the premier publication for the National Association of Criminal Defense Lawyers. Titled “Cyber Crime and The Fourth Amendment,” this article shows her expertise in cyber crimes and covers the ins and outs of the 4th Amendment in the electronic age. From inevitable discovery in electronic searches to third-party… Read More
Racial Discrimination on Juries: Foster v. Chatham
A good thing to remember about the criminal justice system in the United States is that it is based on the adversarial system. This makes it like a football game. The two different teams are supposed to do everything that they can, within the rules, to score more points than the other side. It is… Read More
Supreme Court to Weigh in on State Determination of Mental Disability
The Supreme Court of the United States recently issued a list of the cases that it will hear in the upcoming term. Among the cases that it will hear are two death penalty cases coming out of Texas. Not only does it look like Texas is about to take a beating by the Supreme Court,… Read More
Betterman v. Montana and Your Sixth Amendment Rights
Your Sixth Amendment right to a speedy trial is among the most important protections that you have if you have been charged with a crime. The right to a speedy trial not only prevents the government from dragging its feet after charging you with a crime, but also eliminates the possibility of them charging you… Read More