Recent Blog Posts

New Jersey Grapples With Marijuana And Tobacco Laws
In November, two notable decisions concerning marijuana and tobacco occurred in the state of New Jersey, which will affect the criminal repercussions related to these substances: State Must Reconsider Classification of Marijuana On November 1, a New Jersey appeals court ruled that the state must reconsider its legal classification for marijuana, which is currently… Read More »

Pipeline Protesters Rely On Necessity Defense
Some of the pipeline protesters who were charged with various crimes while protesting the Dakota Access oil pipeline are relying on what’s known as the “necessity defense,” arguing that they had no choice but to commit the crimes they are being accused of in order to prevent a greater harm. In this case, the… Read More »

Lawsuit Challenges Holding Juveniles In Adult Facilities
A federal lawsuit has been filed on behalf of four juveniles who are being charged as adults, with the defendants arguing that housing juveniles in adult detention violates their constitutional rights, including their right to equal protection under the law. The lawsuit is unique in that the county recently requested a report regarding the… Read More »

Terrorism & Criminal Defense
A new criminal defense issue has arisen in the prosecution of those accused of helping to plot the 9/11 attacks that killed people in the New York, the Pentagon, and Pennsylvania—the issue of sleep deprivation. Specifically, according to one former CIA interrogator, equipment is placed in some captive/defendants’ beds in his prison cell, which… Read More »

Indigent Defendants’ Lawsuit Declares Public Defender System Significantly Compromised
A class-action lawsuit that was just allowed to move forward by a judge in Louisiana could have implications for the criminal justice system around the country. The lawsuit was filed by a group of 13 prison inmates who allege that their constitutional right to counsel was denied due to an insufficiently funded public defense… Read More »

“Psychiatrists Can’t Stop Mass Killers”
The violent crimes recently committed in Las Vegas have, once again, opened up a debate on what can be done to prevent these senseless massacres. Many politicians and a large segment of the population believe that it comes down to deficient mental health care. However, a recent New York Times article highlights the fact… Read More »

Nature Versus Nurture: Juror Bias Against Criminal Defendants With Mental Disorders
A new study out of the University of Missouri looks at to what extent jurors assign blame when it comes to criminal defendants with mental disorders. The study sheds light on how society assigns blame and punishment for crime based on why and how defendants acquire mental disorders. While historically, the understanding has been… Read More »

Be On the Lookout for False Arrest in New Jersey Due To Immigration Status
In the last seven months, we’ve covered a significant number of topics related to deportation defense precisely because so many people are being arrested—not due to police having reasonable suspicion or probable cause—but simply because they were suspected as being immigrants. While some New York legislators have worked to make progress in protecting these… Read More »

Anthony Weiner Conviction Draws Attention to Issues with Federal Sentencing Guidelines
On September 25th, former congressman Anthony Weiner who once represented New York’s 9th congressional district was sentenced to 21 months imprisonment for providing obscene materials to a minor, including child pornography, and related crimes. Yet, aside from all the national attention the story has received, Weiner’s sentencing is interesting for an entirely other reason:… Read More »

CTE Posed As a Viable Defense for Murder
It’s an idea that has captivated those who fight for justice for criminal defendants: the evidence put forth by studies which definitively demonstrate that the degenerative brain disease, chronic traumatic encephalopathy (CTE), could effectively cause its victims to suffer from insanity. Coverage of the issue has made headlines of late based on the case… Read More »