Criminal Procedure

1114 ABA Journal articles on Criminal Procedure.

Georgetown law prof calls for reimagining of criminal justice system in ‘Chokehold’ (podcast)
As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished.
SCOTUS considers limits to the government’s surveillance powers over personal technology
The Supreme Court ruling in Carpenter v. United States, being heard by the court Wednesday, will affect cell towers and individuals’ data from email, smart watches, activity-tracker bands and smart appliances.
Inmate seeking to enforce original plea agreement loses case before Supreme Court

An inmate who sought to have his original plea agreement enforced has lost his case before the U.S. Supreme Court.

In a per curiam opinion (PDF), the high court…

Supreme Court allows execution of inmate who can’t remember his crime

The U.S. Supreme Court on Monday cleared an impediment to the execution of an Alabama inmate who can’t remember the crime he committed after suffering several strokes.

In a summary…

ABA urges Congress to limit use of cash bail
The American Bar Association urges governments to “prohibit a judicial officer from imposing a financial condition of release that results in the pretrial detention of a defendant solely due to the defendant’s inability to pay.”

New ‘Great Gatsby’-inspired dating app screens users’ criminal histories

Updated: Kimberly Busch is “burned out” by dating apps.

“There were too many creeps,” says the attorney and CEO of AskTheLawyers in Austin, Texas. “There were a few situations where…

A Tradition of Jailhouse Lawyers: Amateur attorneys fill vital need for inmate access to the courts
Jailhouse lawyers still serve a vital need in prisons. However, prison officials generally do not view jailhouse lawyers as valuable purveyors of knowledge.
Proposed ‘18 budget would cut LSC by 24%, increase funds for law enforcement and immigration court
The U.S. House of Representatives subcommittee responsible for appropriating money for the Department of Justice has released its proposed budget for fiscal year 2018.
Changes in criminal procedure rule could expand the government’s investigative net
Leslie Caldwell, then the head of the DOJ’s Criminal Division, argued last November that anonymizing technologies such as Tor make it nearly impossible to know where a computer is located for the sake of a warrant application, which “makes it unclear which court—if any—an investigator is supposed to go to with a search warrant application when investigating anonymized crime.”
Inaccurate leads from IP addresses prompt police to serve warrants on innocent people
The advent of proxy servers and mobile access to the internet has made IP addresses less reliable for law enforcement investigating online crimes.
Racially discriminating statements in jury rooms are subject to scrutiny

A case about racial bias in the jury room would seem to have all the makings of a provocative and headline-grabbing decision. However, Peña-Rodriguez v. Colorado, a case containing just such bias, hovered a bit below the radar, even during this relatively low-key U.S. Supreme Court term.

Aaron Hernandez’s death in cell highlights suicide problem in Massachusetts prisons

The prison suicide of former NFL player Aaron Hernandez, who was serving a life sentence for murder, does not bring closure on the matter for the Massachusetts justice or corrections…

Judge testifies that San Antonio DA threatened defense lawyers in her chambers

A Texas district judge testified Wednesday that Bexar County District Attorney Nico LaHood threatened to destroy defense lawyers’ practices for raising issues of prosecutorial misconduct.

According to the San…

Alabama federal judge rules inmate’s defense team cannot have phone access during execution

An Alabama federal judge ruled that attorneys for a death row inmate scheduled to be executed next month cannot have telephone access during the execution to call a judge in…

Facebook’s bid to protect customer information in criminal probe fails in top New York court

Facebook can’t appeal a judge’s refusal to quash 381 warrants for customer information in a criminal investigation of Social Security disability fraud, New York’s highest court has ruled.

New York…

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