Richard M. Weintraub, Esq. After the January 6 insurrection, the U.S. still faces a growing threat from home-derived “domestic terrorism” which has no parallel nor precedence in American history. History will be the final judge of who/why/what caused the events of January 6, 2021. In the final analysis, the facts/reality of the unlawful storming of the U.S. Capitol by a “mob” that day failed to stop the ceremonial counting of the electoral college vote by the […]
Criminal Law
Debate Over Immigrants’ Gun Rights Ignites In 2nd Circ. Case
A debate on whether immigrants are included in the Second Amendment has raged on in the courts since a 2008 Supreme Court decision said the Constitution gives individuals a right to possess firearms in self-defense. This photo shows a gun store in El Paso, Texas. (AP Photo/Morgan Lee) As he […]
Victims at the Heart of International Criminal Justice
This is the sixth in a series of articles on the International Criminal Court (ICC). The Rome Statute creating the ICC entered into force on July 1, 2002 and the court is now in its 20th year. To mark the occasion, The Wire is publishing a series of articles evaluating its performance […]
Californians will be able to sue partners who remove condom without consent
Californians may be able to immediately sue a sexual partner who removes a condom during sex without verbal consent-an act known as “stealthing.” State legislature voted to fix without opposition on Tuesday CaliforniaCitizen’s definition of sexual assault, including’cause[ing] Contact between an intimate part of a person and another genital that […]
York County DA won’t pursue charges against mask mandate violators
York County District Attorney Dave Sunday announced that his office won’t prosecute anyone who violates Gov. Tom Wolf’s new statewide mask mandate for schools. On Friday, the county’s top law enforcement official released a memo stating his office instructed police departments not to file criminal charges against anyone who violates the mask […]
Senate Sends ‘Sweeping’ Criminal Justice Reform Bill To Governor
By Jeff Moore Carolina Journal Sen. Danny Britt , R-Robeson, chairing N.C. Senate Judiciary Committee Criminal justice reform is a bipartisan issue, a phrase lawmakers frequently use when noting the parties coming together and advancing legislation. True to form, Senate Bill 300, Criminal Justice Reform, was approved by the General Assembly […]
New Texas Criminal Laws | 2021 Legislative Update
Last Updated: August 24th, 2021 Published on: August 23rd, 2021 A long and controversial legislative session resulted in a mixed bag of new criminal laws in Texas. Here is a roundup of the new criminal laws and the biggest changes to existing criminal laws stemming from the 87th legislative session. […]
Depraved Indifference, Scope of Warrant and Other Significant Opinions
The 2020-2021 term of the New York Court of Appeals in criminal law followed the pattern of recent years. The Court was often divided—there were dissenting opinions in almost half of the cases, and many dissents were sharply written. Once again, the Court decided far fewer cases (44, of which […]
California Legislation to Watch in 2021: Criminal Justice Reform
(Photo: Caroline Johnson) Although the uprisings of 2020 and ensuing critiques of the criminal legal system failed to inspire the California Legislature to pass meaningful reforms last year, a new, robust round of bills awaits decisions before the 2021 session ends on September 10. Even though there are many bills, […]
Lawsuit challenging Florida anti-riot law allowed to continue
A federal judge has refused to toss out a legal challenge to a controversial new law that creates a host of crimes and enhances existing penalties for protests that turn violent or block traffic, a priority of Gov. Ron DeSantis during this year’s legislative session. Chief U.S. District Judge Mark […]