Articles Posted in Criminal Law and Justice

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Trump v. United States: No.23-939. Argued April 25, 2024-Decided July 1,  2024.

The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, delivering a major statement on the scope of presidential power. The vote was 6 to 3, dividing along partisan lines. The ruling makes a distinction between official conduct of a president and the actions of a private citizen. The high court’s 6-3 ruling along ideological lines sends the case back to the lower court to determine what acts alleged in Donald Trump’s indictment on charges of trying to subvert the 2020 election are official or unofficial.  A dissent from the liberal wing laments a vast expansion of presidential power.

“The decision will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November. If that happens and Mr. Trump wins, he could order the Justice Department to drop the charges.”                                                                                                                                                                                                                                        Adam Liptak, New York Times.

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During the week ending June 29, 2024 we have received listings of 37 Government and Administrative Law Summaries,  28 Constitutional Law summaries, 55 Criminal Law Summaries,  1 Medical Malpractice Summary,  5 intellectual property cases,   1 Copyright Summary, 2 U..S. Supreme court Summaries received on 6-27, 4 U.S Supreme Court Summaries received on 6-28 and 3 U.S. Supreme Court Summaries received on 6-29. 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  June 29, 2024:

Criminal Law Opinion Summaries

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On June I attended a CLE webinar, AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections, sponsored by the Civil Rights and Social Justice Section of the American Bar Association. Below is a brief description of topics covered and a list of useful resources for those interested in pursuing these topics in greater detail:

Panelists discussed automated decision-making tools used by law enforcement, prosecutors, defense attorneys, judges, and corrections officials.  They explained a panoply of tools, including genealogical DNA investigations, predictive policing technologies, risk assessment algorithms and facial recognition technology.  The panel offered perspectives on the purported benefits of the tools, and the potential harms of the tools, especially adverse racial impacts. In addition, the panel  discussed new technologies and other tools now available to defense counsel to help level the playing field with the resources available to prosecutors.

Panelists

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On June 21, 2024, the U.S. Supreme Court delivered a significant ruling in United States v. Rahimi (22-915), affirming the constitutionality of 18 U.S.C. § 922(g)(8), which restricts firearm possession by individuals subject to domestic violence restraining orders. The decision came in an 8-1 vote, with Chief Justice Roberts writing the majority opinion and Justice Thomas dissenting.

The case centered on whether this statute infringes upon Second Amendment rights. The Court held that temporarily disarming individuals who pose a threat to the safety of others is consistent with the Second Amendment. This decision overturned the Fifth Circuit’s ruling, which had previously deemed the statute unconstitutional based on an interpretation that required historical precedents almost identical to the modern law.

Chief Justice Roberts emphasized that the restriction is a reasonable measure to protect potential victims of domestic violence, aligning with historical practices of disarming individuals deemed dangerous. This ruling reinforces the government’s ability to implement protective measures against gun violence, particularly in the context of domestic abuse​ (SCOTUSblog)​​ ({{meta.siteName}})​​ (Wikipedia)​.

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During the week ending June 21, 2024 we have received listings of 38 Government and Administrative Law Summaries,  19 Constitutional Law summaries, 51 Criminal Law Summaries,  3  Medical Malpractice Summaries,  4 intellectual property cases,   2 Internet law cases and 4 U..S. Supreme court Summaries. 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  June 21, 2024:

Criminal Law Opinion Summaries

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During the week ending June 15, 2024 we have received listings of 33 Government and Administrative Law Summaries,  29 Constitutional Law summaries, 58 Criminal Law Summaries,  1 White Collar case summary.  6 intellectual property cases, 4 Copyright summaries 3 U..S. Supreme court Summaries received on 6/14 and 3 U.S. Supreme Court summaries received on 6/15 2024. 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  June 15, 2024:

Criminal Law Opinion Summaries

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During the week ending June 7, 2024 we have received listings of 36 Government and Administrative Law Summaries,  35 Constitutional Law summaries, 69 Criminal Law Summaries,  2 White Collar case summaries.  1 Medical Malpractice Summary,  2 intellectual property cases, and 3 U..S. Supreme court Summaries. 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  June 7, 2024:

Criminal Law Opinion Summaries

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The recent high-profile trial of former president Donald Trump has reignited discussions on the role of jury instructions in shaping verdicts.  This post is based in part on the following query we asked Gemini following the triaI: I need a broad discussion of jury instructions and charges to the jury in trial courts of the state of New York. The following explores the purpose and content of jury instructions in New York courts. We’ve also included a link to the final instructions and a transcript from the recently concluded trial of Donald Trump

Jury instructions and charges are a cornerstone of a fair trial in New York courtrooms. They act as a bridge between the complex legal world and the understanding of laypeople on the jury. Let’s delve into the significance of this exchange and the considerations involved. For more detailed information see: New York Criminal Jury Instructions and Model Colloquies.  For the latest additions and revisions see CJI2d & MC History. For New York Civil Jury Instructions see  CPJI- Civil Pattern Jury Instructions –all from the New York State Unified Court System.

The Importance of Clear and Precise Instructions

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During the week ending May 31, 2024 we have received listings of 24 Government and Administrative Law Summaries,  15 Constitutional Law summaries, 53 Criminal Law Summaries,  1 White Collar case summary.  3 Medical Malpractice Summaries, and 3 U..S. Supreme court Summaries. 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  May 31, 2024:

Criminal Law Opinion Summaries

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During the week ending May 17, 2024 we have received listings of 25 Government and Administrative Law Summaries,  22 Constitutional Law summaries, 57 Criminal Law Summaries, 1 White Collar Summary,  3 U.S. Supreme Court summaries, 2 Intellectual Property case 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  May 17, 2024:

Criminal Law Opinion Summaries

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