Criminal Law Library BlogA New Jersey Institute of Legal Education (NJICLE) event sponsored by the New Jersey State Bar Association.
Date: December 19, 2024, 9:00AM – 12:00PM.
Location: New Jersey Law Center, New Brunswick and Online.
Articles Posted in Legal News and Views
Gitlow v. New York: From Radical Manifesto to Enduring Legal Legacy
The following is a discussion of the book Gitlow v. New York: Every Idea an Incitement. In his study, Marc Lendler opens up the world of American radicalism, traces the origin of the incorporation doctrine, which was addressed for the first time in this case, and the ebb and flow of Gitlow as a precedent through the Cold War and beyond. Gitlow v. New York: Every Idea an Incitement is a book for our time.
In 1919 American Communist Party member Benjamin Gitlow was arrested for distributing a “Left Wing Manifesto,” a publication inspired by the Russian Revolution. He was charged with violating New York’s Criminal Anarchy Law of 1902, which outlawed the advocacy of any doctrine advocating for the violent overthrow of government. Gitlow argued that the law violated his right to free speech, but he was still convicted. He appealed the decision; however, five years later the Supreme Court upheld his sentence by a vote of 7-2.
Throughout the legal proceedings, much attention was devoted to the “bad tendency” doctrine—the idea that speakers and writers were responsible for the probable effects of their words—which the Supreme Court explicitly endorsed in its decision. According to Justice Edward T. Sanford, “A state may punish utterances endangering the foundations of organized government and threatening its overthrow by unlawful means.”
Webinar: Prosecutorial Evidence and the Rule of Law
American Bar Association:
Register for the upcoming webinar, Prosecutorial Independence and the Rule of Law, at: www.americanbar.org/events-cle/mtg/web/445186848/
“We are living in a pivotal moment when democratic norms and the rule of law are being challenged in novel and unexpected ways as we struggle to adapt to rapid technological and cultural changes that have changed our relationships and dialogue with each other. In maintaining the rule of law, prosecutorial discretion and independence are essential. Yet not everyone believes that prosecutorial independence exists or understands why it matters. In this panel, former Department of Justice leaders and veteran prosecutors will explore recent challenges to prosecutorial independence and the rule of law at the federal level, including the Project 2025 proposal by the Heritage Foundation.”
NJSBA NEWS Briefs September 13, 2024
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BOLTS: State by State Guide to the 2024 Supreme Court Elections
BOLTS* “ The Texas supreme court closed out 2023 by blocking an abortion during a medical emergency, forcing a woman to flee the state. Just days before Christmas, Wisconsin justices struck down the state’s GOP-drawn gerrymanders. So far this year, Montana’s supreme court has stepped in to protect voting rights, while a decision in Alabama threatened in vitro fertilization treatments.
In each of these states, unlike at the federal level, voters chose who sits on the bench and which judges get to dictate such profound consequences. And the 2024 elections may now reshape who holds power on supreme courts across the country.
Thirty-three states have elections for their high courts this year; some have as many as five or six seats on the ballot. In total, 82 seats are up for voters to decide.
ABA Taskforce Report on the Impact of AI on the Practice of Law: Year 1
In August 2023, Mary Smith, President of the American Bar Association (ABA), announced the creation of the ABA Presidential Taskforce on Law and Artificial Intelligence to “bring together lawyers and judges from across the ABA to address the impact of AI on the legal profession and the practice of law.” From it’s beginning, the Taskforce has been concentrating it’s efforts on a broad array of critical AI issues of concern to ABA, including AI’s impact on the legal profession, the courts, legal education, access to justice, governance, risk management, and challenges with generative AI. During the past year, the Task Force has been active on a number of fronts, addressing these issues from various perspectives, including the preparation of it’s Task Force Report on the Impact of AI on the Practice of Law: Year 1 On the Impact of AI on the Practice of Law, released August 2024.
Quoting from the Report: “This Report addresses the critical AI issues that impact lawyers and judges in the practice of law, and provides insights and resources that will equip the legal community to effectively address and leverage these developments. Given the rapid pace of change in the AI landscape (the National Institute of Standards and Technology (NIST) released new guidance documents as this Report was being finalized), and the need to give the AI developments the attention they deserve, the AI Task Force will continue its work in the new bar year (2024-25).
Highlights of the AI Task Force’s year [as mentioned in the Report] include:
ABA Criminal Justice Announcements: August 28 Through October 14, 2024
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The Trump Assassination Attempt is the Latest Threat to American Democracy
The attempted assassination of former President Donald Trump on Saturday was a dreadful and unspeakable event, marking a significant and alarming blow to America’s already tenuous grasp on democracy and the rule of law. Such an attack on an individual campaigning for the highest office in the nation is not just an act of violence against a person but a direct assault on the foundational principle that every voter has the right to choose their representatives freely and without fear.
The health of a democracy relies on the steadfast rejection of political violence as a tool to silence opponents, particularly those whose views we find most objectionable. The moment we resort to such means, we undermine the very fabric of democratic society. For democracy to thrive, it is essential to tolerate a broad spectrum of views, even those that challenge our own beliefs. Respecting the choices made by the electorate, even when they result in the election of candidates we vehemently oppose, is crucial.
.Amherst professor Austin Sarat in his essay, Trump Assassination Attempt is the Latest Threat to America’s Already Fragile Democracy, But it is Not the One, published in VERDICT, discusses this topic in greater detail. Quoting from professor Sarat’s introduction:
Trump v. United States: Donald Trump is Entitled to Some Immunity from Prosecution
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.
AI in Criminal Justice: Automated Decision-making Tools and Technology, From Policing to Corrections
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.