Criminal Law Library BlogOctober 16, 2026 – Cost Estimate.
As ordered reported by the House Committee on Energy and Commerce on September 16, 2026
Articles Posted in criminal behavior
No Unanimous Answer: Closing Arguments and Criminal Responsibility in the Lindsay Clancy Trial
Introduction
The closely watched Massachusetts murder trial of Lindsay Clancy ended on September 4, 2026, not with a verdict, but with a mistrial after jurors reported that they could not reach unanimous agreement. The result leaves unresolved one of the most difficult questions presented to a criminal jury: when severe mental illness is established, at what point does that illness eliminate criminal responsibility for otherwise intentional acts?
Clancy was charged in connection with the January 24, 2023 deaths of her three children, Cora, Dawson, and Callan Clancy, at the family’s home in Duxbury, Massachusetts. At trial, the central dispute was not whether Clancy had caused the children’s deaths. Instead, the case largely turned on her mental condition and whether the Commonwealth proved that she was criminally responsible when the killings occurred.
Federal Power, Criminal Enforcement, and the States: Examining Austin Sarat’s “Trumps Arresting State”
On August 12, 2026, Austin Sarat, William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College, published a commentary in Verdict, Justia’s legal analysis and commentary publication. Sarat’s commentary is titled “Trump’s Arresting State,” where he examines what he regards as an increasingly consequential feature of the Trump administration: the use or threatened use of arrest, prosecution, fines, and other criminal penalties not simply against political opponents, but as a means of pressuring state and local officials to cooperate with federal policy objectives.
Sarat’s article is strongly critical of the administration. His central concern is that the threat of criminal enforcement may be moving beyond conventional law-enforcement situations and into disputes involving government authority and public policy, particularly immigration enforcement and the administration of elections. Because Sarat’s article is commentary rather than a neutral news report, it is useful to examine his arguments alongside the administration’s own statements, relevant government documents, and other primary sources. Doing so provides a fuller context within which readers can evaluate both Sarat’s concerns and the federal government’s stated legal and policy justifications.
From Political Rhetoric to Governmental Power
New Ohio Law Establishes Warrant Requirements For Police Drone Searches
Ohio has enacted a new law governing the use of drones by law enforcement, reflecting the growing effort by legislatures to adapt Fourth Amendment principles to rapidly evolving surveillance technologies. Signed by Governor Mike DeWine, House Bill 251 establishes that, in most situations, police officers must obtain a search warrant before using a drone to conduct a search when a warrant would also have been required had officers entered the location in person.
The legislation recognizes that unmanned aerial vehicles (UAVs) have become increasingly valuable investigative tools while also raising significant privacy concerns. Until now, Ohio law addressed some warrant requirements for surveillance conducted from manned aircraft but did not specifically regulate drones. House Bill 251 fills that gap by extending traditional constitutional search principles to unmanned aerial surveillance.
Principal Provisions
Police One Webinar: How Integrated Intelligence Accelerates Casework
As law enforcement agencies confront growing volumes of digital information and increasingly complex investigations, the challenge is no longer simply gathering data, it is connecting the right information quickly enough to generate actionable intelligence. This upcoming webinar explores how agencies are responding by moving toward more integrated and collaborative investigative environments that improve visibility, coordination, and analytical capability across systems and jurisdictions.
Drawing on real-world operational examples and practitioner insights, the discussion will examine where investigations most commonly stall in fragmented data environments and how connected systems can help investigators identify leads, uncover relationships, and develop cases more efficiently. Panelists will also explore how agencies are leveraging integrated workflows and analytics to accelerate “speed to intelligence” while minimizing additional complexity for investigators already working under demanding conditions.
Among the key issues to be addressed are:
Inside the Patrol Car: Where Split Second Decisions Shape Outcomes
Effective policing often begins long before an officer steps out of the vehicle. As highlighted in this Policing Matters Patrol Week feature, the patrol car serves as a mobile decision-making hub—where information is processed, risks are evaluated, and critical judgments are made in real time. Drawing on the experience of Sgt. John Banner of the White Settlement, Texas Police Department, a 2026 Texas Law Enforcement Achievement Award for Valor recipient, the below information offers a practical and compelling look at how preparation, situational awareness, and disciplined habits shape outcomes in high-pressure encounters.
“The patrol car is more than transportation — it’s where officers process information, weigh risk and make decisions that can shape everything that follows.
In today’s special Policing Matters podcast for Patrol Week, Sgt. John Banner of the White Settlement (Texas) Police Department breaks down how officers assess risk in real time, from managing radio traffic and technology to making pursuit decisions under pressure. Banner was recently selected to receive the 2026 State of Texas Law Enforcement Achievement Award for Valor, recognizing his actions during a call involving an armed suspect with explosive devices — a clear example of the kind of rapid, high-stakes decision-making officers face on patrol.
That same focus on preparation and decision-making is also behind our patrol car checklist, a simple, field-ready guide built to help officers reinforce safer, more consistent habits in and around the vehicle. Download it, share it and keep it handy for your next shift.
See all of our Patrol Week coverage here. Special thanks to our Patrol Week sponsor, Team GJ, for supporting this series.”
FROM: Police1 Roll Call, Sara Calms, Senior Editor, (April 22, 2026).
AI in Criminal Justice: Principles and Practice
As artificial intelligence rapidly enters the criminal justice system (shaping everything from policing strategies to judicial decision-making) the need for clear guidance has become increasingly urgent. Two recent publications from the Council on Criminal Justice provide a timely and authoritative response:
- Principles for the Use of AI in Criminal Justice
https://counciloncj.org/principles-for-the-use-of-ai-in-criminal-justice/ - Assessing AI for Criminal Justice: A User Decision Framework
https://counciloncj.org/assessing-ai-for-criminal-justice-a-user-decision-framework/
Overview of Two VERDICT Columns by Marci A. Hamilton on the Epstein Files*
Two recent opinion columns published on Justia Verdict – Legal Analysis and Commentary from Justia examine the legal, political, and moral implications of the continuing disclosures surrounding the Jeffrey Epstein investigations. Written by Professor Marci A. Hamilton of the University of Pennsylvania and founder of CHILD USA, the essays present a forceful argument that accountability for systemic abuse requires sustained legal pressure and public transparency. The views expressed are those of the author and do not represent the official position of Justia.
1. “The Three Avenues to Justice in the Epstein Cases” (Feb. 24, 2026)
In The Three Avenues to Justice in the Epstein Cases, Professor Hamilton argues that meaningful accountability is likely to emerge through three principal legal pathways rather than through federal prosecutorial initiative alone.
Brain Stimulation and Crime Prevention: Separating Science from Speculation
In recent years, advances in neuroscience have sparked interest in whether brain stimulation technologies might contribute to crime prevention. Techniques such as transcranial direct current stimulation (tDCS) and transcranial magnetic stimulation (TMS) have been studied for their effects on impulse control, aggression, and moral decision-making traits often associated with criminal behavior. While this research is scientifically intriguing, its relevance to criminal justice policy remains limited and contested.
The Neuroscience Rationale
Much of the interest in brain stimulation stems from findings linking antisocial or impulsive behavior to dysfunction in the prefrontal cortex, the region of the brain responsible for executive control, emotional regulation, and judgment. Laboratory studies suggest that stimulating this area can temporarily enhance self control or reduce aggressive responses in controlled settings. These findings have led some commentators to speculate whether neurological interventions could someday complement traditional crime-prevention strategies.
Selected Case Summaries Published by Justia, Week Ending October 31, 2025
During the week ending October 31, 2025 we have received listings of 12 Government and Administrative Law Summaries, 22 Constitutional Law summaries, 36 Criminal Law Summaries, 1 White Collar Law Summary, 2 Intellectual Property Summaries, and 1 Medical Malpractice Summary. We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated. To gain access to these case summaries, click on the corresponding links below:
Opinion Summaries Posted for Week Ending October 31, 2025: