Criminal Justice

Supreme Court Criminal Law Round Up - October Term 2013 - Podcast

Criminal Law & Procedure Practice Group Podcast
Dean Mazzone, Kent S. Scheidegger July 22, 2014

The Supreme Court issued a number of notable opinions in the area of criminal law during the recently concluded term. Members of the Federalist Society’s Criminal Law & Procedure Practice Group Executive Committee offered their analysis on recent developments in the Supreme Court’s criminal law jurisprudence and fielded questions from a call-in audience.

  • Dean Mazzone, Chief of the Enterprise and Major Crimes Division, Massachusetts Attorney General's Office
  • Kent S. Scheidegger, Legal Director and General Counsel, Criminal Justice Legal Foundation

Drunk Driving and the Fourth Amendment: The Implications of Missouri v. McNeely - Podcast

Criminal Law & Procedure Practice Group Podcast
Orin S. Kerr, Rory Little, David Stras May 28, 2014

The Supreme Court’s decision last Term in Missouri v. McNeely is an important one for judges and attorneys involved in criminal matters in state courts. In McNeely, the Court decided that the exigency exception to the warrant requirement does not always apply to the taking of blood from the driver to determine his or her blood-alcohol level, even though alcohol dissipates in the blood over time. In this Teleforum, we examined the implications of the McNeely decision, including whether any of the other exceptions to the warrant requirement apply, its implications for state-court judges and practitioners, and how McNeely fits within the framework of other recent Fourth Amendment decisions of the Supreme Court.


  • Prof. Orin S. Kerr, Fred C. Stevenson Research Professor of Law, The George Washington University Law School
  • Prof. Rory Little, Professor of Law, University of California Hastings College of the Law
  • Moderator: Hon. David Stras, Minnesota Supreme Court

Who Pays the Damages for Child Pornography? Paroline v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul G. Cassell, John G. Malcolm May 23, 2014

white collar crime

On April 23, 2014, the Supreme Court decided Paroline v. United States, a case involving the efforts of “Amy,” a victim of child pornography, to collect the full amount of damages owed to her. In a 5-4 decision, the Court held that Amy could not collect the full $3.4 million in damages from one man convicted of possessing two images of her, because defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others. University of Utah Professor Paul G. Cassell, who argued for Amy at the Supreme Court, discussed the impact of the decision, as well as current Congressional efforts to ensure that victims of child pornography are not forced into a lifetime of litigation to extract damages from those involved in their abuse. He was joined by John G. Malcolm, Chairman of the Federalist Society’s Criminal Law & Procedure Practice Group.

  • Professor Paul G. CassellRonald N. Boyce Presidential Endowed Chair in Criminal Law, The University of Utah College of Law
  • John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation?, and Chairman of the Federalist Society's Criminal Law & Procedure Practice Group