Recent Blog Posts
Where Privacy Laws Can Exacerbate Criminal Injustice Issues and Lead to Wrongful Convictions
While there is no question that a significant amount of data gathered and stored by network providers has spurred concern about protecting privacy, at the same time, recently proposed data privacy laws could very well make it more difficult for those who have been wrongly accused to obtain digital records critical to proving that… Read More »
Report Reveals Government Using Foreign Spying Exemptions for Routine Domestic Criminal Investigations & Making Too Many Mistakes Along the Way
Years ago, Congress provided the executive branch with very particular and somewhat unlimited surveillance powers under the Foreign Intelligence Surveillance Act, or FISA, in order to enable them to track down foreign spies in the United States. FISA allows the government to ask the Foreign Intelligence Surveillance Court for approval to wiretap people to… Read More »
January 2020 Criminal Law Legislation Passed in New Jersey
In January, a number of important bills were signed into law in New Jersey that criminalize selling toy guns that look like real guns and reform New Jersey’s criminal justice system, which we describe below: Illegal to Sell Toy Guns That Look Like Real Guns In late January, New Jersey banned toy guns that… Read More »
New Jersey’s “Red Flag” Law Comes Under Fire for Constitutional Issues; Those Targeted Feel Like Criminals Without a Trial
Under New Jersey’s new “red flag” law, also known as the Extreme Risk Protective Order Act, approximately 200 people have had their guns seized after law enforcement or a family member submitted a petition to the court successfully arguing that they pose a danger of causing bodily injury to themselves or others. However, New… Read More »
“Defender General” Proposal to Level the Playing Field at U.S. Supreme Court Level
The U.S. Supreme Court has essentially defined U.S. criminal procedural law. It has determined what defines the acceptable boundaries involved in arrest, search and seizure, one’s rights under the Fourth Amendment, the meaning of “probable cause,” the execution of search warrants, the parameters of warrantless searches, the privilege against self-incrimination, the Sixth Amendment right… Read More »
New York Immigrant Activist Deported for Speech Now Suing Immigration & Customs Enforcement
One New Yorker—Jean Montrevil—who was deported for speaking out in favor of immigrant rights is fighting back: Alleging that he was deported for exercising his First Amendment free speech rights, he filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE) in January. The lawsuit builds on a previous ruling out of the 2nd… Read More »
Most Female Criminal Defendants Are Abuse Victims
According to studies, approximately 86 percent of women in jail experienced sexual violence, 77 percent partner violence, and 60 percent caregiver violence. That means that a majority of females who are prosecuted as criminal defendants were likely simply engaged in self-defense, but have wrongfully been turned into criminal defendants. Take, for example, the case… Read More »
U.S. Supreme Court Heard Bridgegate Case That Could Redefine Federal Fraud Crimes
In January, the U.S. Supreme Court heard arguments in the Bridgegate case which, depending on how it rules, could completely transform the definition of federal fraud and conspiracy charges. The two defendants appealing were found guilty of fraud and conspiracy in connection with their decision to close the local access lanes in order to… Read More »
New Jersey May Upend Civil Asset Forfeiture for Those Suspected of Committed a Crime
The New Jersey legislature is currently considering a bill that would make it more difficult for police and prosecutors to engage in civil asset forfeiture, or to seize property from individuals suspected of using the property in the commission of a crime. Specifically, the legislation mandates that an individual would have to be convicted… Read More »
New Sexual Abuse Charges Arise as New Jersey Child Victims Act Goes into Effect
The New Jersey Child Victims Act recently went effect. The law not only opens a two-year period for individuals in New Jersey to file child abuse/sexual assault claims against institutions and individuals; even if those claims were already dismissed because they were late; but also expands the statute of limitations for victims to bring… Read More »
