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Death of Supreme Court Justice Antonin Scalia: What Happens Now?

  • Posted by Marcia Shein
  • On February 17, 2016
  • 0 Comments
  • News & Articles
As if things were not uncertain enough in the political landscape so far this year, the country lost an icon this week with the unexpected passing of Supreme Court Justice Antonin Scalia at age 79, leaving a vacancy on the bench of the United States Supreme Court during an election year. Of course, what is […]
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Recent Inmate’s Death Raises Questions about Police Restraint Techniques

  • Posted by Marcia Shein
  • On February 3, 2016
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  • News & Articles
The recent death of a homeless man in Denver while under police restraint is raising new questions over the validity and safety of law enforcement restraint tactics, the Greater New Orleans Times-Picayune is reporting. According to reports, the inmate in question had been arrested and jailed for trespassing and began struggling with police during a […]
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Federal Appeals Court’s Reversal of Arizona Death Penalty Case: What It Means

  • Posted by Marcia Shein
  • On January 20, 2016
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  • News & Articles
On December 29, 2015, a Federal Court of Appeals reversed a denial of habeas corpus in the death penalty case of convicted murderer James McKinney (McKinney v. Ryan), effectively ruling his pending death sentence unconstitutional. The action may have an impact on many other death penalty cases in the state of Arizona from the late […]
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Supreme Court Deems Florida’s Capital Punishment System Unconstitutional

  • Posted by Marcia Shein
  • On January 16, 2016
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  • News & Articles
In a ruling with obvious far-reaching implications, on January 12, the United States Supreme Court ruled that the method of sentencing for capital punishment in the State of Florida is unconstitutional—specifically, a violation of the Sixth Amendment—as reported by the Washington Post. The origin of this case (Hurst v. Florida) dates back to 1998, when […]
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U.S. Sentencing Commission Votes to Change “Crimes of Violence” Definition

  • Posted by Marcia Shein
  • On January 12, 2016
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  • News & Articles
In a move which could have broad repercussions for future criminal sentencing, the United States Sentencing Commission voted unanimously on Friday to amend the U.S. Federal Sentencing Guidelines’ definition of “crimes of violence,” particularly as it relates to career offenders. The changes, which are slated to go into effect August 1, involve several modifications, the […]
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Federal or State Court: Which One Will Try Your Case?

  • Posted by Marcia Shein
  • On January 8, 2016
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  • News & Articles
If you’re under suspicion or being charged with a crime, you might be wondering where your trial might take place. Federal and state court jurisdictions usually have some overlap, so which one will try your case? Knowing whether you’ll be charged and tried at the state level or federal level is important because the procedures […]
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Criminal Justice Reform Could Face Delays

  • Posted by Marcia Shein
  • On December 28, 2015
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  • News & Articles
As 2015 draws to a close, a bipartisan initiative to bring broad reforms to the American criminal justice system could face significant delays or indefinite stalling, according to recent articles in the Talking Points Memo and the New York Times. The primary adversary, it would seem, is the clock. Criminal justice reform is one of […]
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Why The Pre-Sentence Report Is So Important

  • Posted by Marcia Shein
  • On December 20, 2015
  • 0 Comments
  • News & Articles
At some point between when you are convicted of a crime and when you are sentenced, you will be asked to interview with a probation officer who is responsible for creating a pre-sentence report (PSR). This report is designed to give the judge important background information about you, as well as providing context for your […]
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Supreme Court Declines to Hear Assault Weapons Ban Challenge

  • Posted by Marcia Shein
  • On December 10, 2015
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  • News & Articles
In a move many are viewing as a sign of changing views regarding the Second Amendment, the U.S. Supreme Court on Monday refused to hear a legal challenge to an assault weapons ban ordinance enacted by Highland Park, IL (a suburb of Chicago), the New York Times is reporting. The case in question, Friedman v. […]
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Legal Challenges Raised Against Georgia Court of Appeals Expansion

  • Posted by Marcia Shein
  • On November 30, 2015
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  • News & Articles
Last week, a group of plaintiffs filed a lawsuit in Fulton County Superior Court claiming that Georgia Governor Nathan Deal’s appointments of three new judges to the newly expanded Georgia Court of Appeals violates the Georgia Constitution. According to the Atlanta Journal-Constitution, the litigation challenges the governor’s authority in making these appointments, citing that according […]
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