In 2014, the Bureau of Justice (BJS) conducted a study regarding white-collar crimes and their handling in various jurisdictions. However, what precisely classifies as a “white-collar crime” is rather abstract. For the sake of this study, the BJS defines it as: “Any violation of law committed through non-violent means, involving lies, omissions, deceit, misrepresentation, or…Read More
The Controversy of the Death Penalty in Pennsylvania Pennsylvania is seeing a dramatic decrease in its use of the death penalty. In the past 57 years, the state has seen only three of these sentences carried out. And these executions only came after the inmates in question dropped their appeals. The state has not executed…Read More
Brain Scan Evidence in Criminal Sentences Does Information About the Brain of a Defendant Help or Hurt in Criminal Sentencing? A Fascinating Experiment Gives Us the Answer Creative criminal defense attorneys are now using brain evidence more frequently in criminal sentencing throughout the U.S. Brain scan data, such as that taken from an MRI or…Read More
Are juvenile offenders constitutionally different from adult offenders? In dealing with the issue of sentencing for juveniles, the United States Supreme Court answered that question in the affirmative in two landmark decisions. In 2012, the Supreme Court decided Miller v. Alabama, which held that imposing a mandatory life without parole sentence for a juvenile offender…Continue Reading Sentencing for Juveniles: The Problem of the Juvenile Lifer
We get hit, and we hit back. It is a primal instinctual reaction. It is a fundamental part of being human. Yet, what does that reaction signify? Most likely, we don’t think deeply about it. Indeed, in the moment, the reaction is sudden, immediate, and done without contemplation. Sentencing Objectives Built Into Our Instinct of…Continue Reading What Are The 5 Sentencing Objectives That Justify Criminal Punishment?
If a defendant is charged with a crime, the government may also bring a criminal forfeiture action to collect the property used in the criminal activity. When the defendant’s actual property is not available, the government can obtain an order for the value of the property instead. The Ninth Circuit Court of Appeals tackled the…Continue Reading Criminal Forfeiture and Substitute Property