Maryland's top court on Tuesday dealt a near-knockout blow to a state law that permits police to collect DNA samples from anyone arrested for a violent crime or attempting to commit one. In a 5-2 decision that reversed a cold-case rape conviction, the Court of Appeals said the 2008 Maryland DNA Collection Act passes constitutional muster only when collecting a genetic sample is the only way police can identify the suspect for that arrest. Other purposes, such as comparing the DNA sample to evidence from unsolved crimes, violate the protection against warrantless searches. Gov. Martin O'Malley assailed the decision and said the state might appeal to the U.S. Supreme Court. "The concept is simple: When we increase the library of DNA samples in our state, we solve more crimes," O'Malley sa...
Minors and young adults who engage in sexting face serious, and often unanticipated, psychological and reputational consequences. While the current state response to sexting between minors and between young adults is inappropriate, the state can intervene in several innovative ways to educate minors and young adults about the consequences of primary and secondary sexting, impose appropriate penalties on minors who engage in primary and secondary sexting, and recognize and support appropriate remedies for minors and young adults who are victims of secondary sexting.
... recipient(s) of the photo.” 22 In some cases, one actor may assume more than one role, 23 whil... may not understand that they can face criminal charges for sexting. 46 All of these statistics i...133 Additionally, the legislative materials associated with the sexting statutes should reflec...
NEW YORK, July 18, 2011 /PRNewswire/ -- While Foreign Corrupt Practices Act (FCPA) prosecutions in the United States continued apace, the first half of 2011 showed some signs that judicial decisions and congressional scrutiny were leading to more - or, in some cases, less - clarity concerning the scope of the statute and the government's enforcement policy, according to global law firm Shearman & Sterling's semiannual report, "Recent Trends and Patterns in FCPA Enforcement," part of the firm's widely distributed FCPA Digest. Although the US government continues to collect record and headline-making fines in some FCPA prosecutions, the average corporate penalty continues to be relatively moderate, the analysis found. At the same time, overseas developments, particularly the coming into f...
... the SEC and result in more civil - and criminal - enforcement actions. "There are always a number ... by retrieving in-depth, original source materials and summaries based on category type, location, fi...
... of this Note analyzes the two Supreme Court cases implicated in competency-for-execution inquiries: ... LAW AND ITS PROCESSES: CASES AND MATERIALS 877-78 (7th ed. 2001) (assessing the modifications...
... constitutional regulation of substantive criminal law, the relationship between Papachristou and Roe... the real problem in so-called vagueness cases. Rather, he argued that vagueness was often the Co...) (protecting the possession of obscene materials in the home) and Justice Brandeis's reference in O...
This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil-rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the professional norms of practice under de jure and de facto conditions of racial segregation, a set of norms I call Jim Crow legal ethics. Jim Crow ethical norms cond...
...& Angela Harris, Criminal Law: Cases and Materials 207, 224 (2005) (discussing mens rea and intent). ...
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