Tagged: criminal law

African Union Asks Security Council to Quit on Darfur

As previously reported, the ICC prosecution of Sudan’s leader Omar al-Bashir has had its share of challenges. Yesterday, the African Union threw another monkey wrench into an already shaky machinery. The African Union is an international organization of all African nations except Morocco. The organization, which is expected to name...

Supreme Court Expands “Stop and Frisk” Authority

On Monday, a unanimous Supreme Court reiterated its rule that a police officer may pat down the passenger of a car that was stopped for a traffic infraction, if the officer has reason to believe the passenger is armed and dangerous. The Court also added that the authority to conduct...

We’re Not Alone

  Yesterday, we observed that there have been a lot of Ponzi schemes coming down lately, and asked what gives? Today, the Wall Street Journal made the same observation, and asked the same question. Here are some points from the article: * In 2007, the SEC had brought civil actions...

Second Circuit Refuses to Limit Corporate Criminal Liability

White-collar prosecutors and defense attorneys have been keenly awaiting today’s decision in U.S. v. Ionia Management. At oral arguments last November, the court permitted amicus filer Andrew Weissmann (former head of the Enron Task Force) to make a case for limiting the criminal liability of corporations. The fact that he...

Justices Miss the Point of the Exclusionary Rule

The Bill of Rights, notably Amendments 4-6, protects accused individuals from improper action by the police. The typical remedy for police violation of these rights is suppression of the evidence that would not have been gathered but for the violation. This Exclusionary Rule protects the justice system, by ensuring that...

Supreme Court: Failure to Surrender ? Escape

This morning, the Supreme Court returned from its long break to issue a unanimous ruling in Chambers v. United States (No. 06-1120, Jan. 13, 2009). At issue was the crime of failure to report to jail, and whether that crime is a “violent felony” for the purposes of the Armed...

Can Skilling Get a New Trial?

On Tuesday, the Fifth Circuit ruled on Jeff Skilling’s appeal from his conviction in the Enron case, upholding the conviction, but sending the case back for re-sentencing. Skilling may be able to raise a Brady issue on remand, as well, so the case doesn’t seem to be over. The opinion...

OJ Simpson Sentence Confuses Press

OJ Simpson was sentenced today in Clark County District Court, after previously being found guilty of multiple crimes arising out of an armed break-in and theft at a Las Vegas hotel. The details can be found in any news outlet you fancy. But what sentence did he get? The headlines...