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Criminal Justice

Florida v. Jardines and Florida v. Harris - Post-Argument SCOTUScast

SCOTUScast 11-6-12 featuring Elina Treyger
Elina Treyger November 02, 2012

Elina TreygerOn October 31, 2012, the Supreme Court heard oral argument in Florida v. Jardines and Florida v. Harris.  Both cases involve police dogs that are trained to detect illegal narcotics.  Florida v. Jardines considers whether taking such a dog to smell the exterior of a house where police suspect marijuana is being grown constitutes a search under Fourth Amendment requiring probable cause.  The question in Florida v. Harris is whether a narcotics detection dog’s “alert” constitutes probable cause for the search of a private vehicle.

To discuss the case, we have Elina Treyger, who is an assistant professor at George Mason University School of Law.

[Listen now!]

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?

Engage Volume 12, Issue 3, November 2011
Peter M. Thomson November 28, 2011

A Comprehensive Strategy Targeting Recidivist Criminals with Continuous Real-Time GPS Monitoring: Is Reverse Engineering Crime Control Possible?This article examines whether it might be possible to craft a comprehensive strategy designed to dramatically reduce crime by using advances in GPS technology to effectively eliminate the recidivist criminal’s ability to relapse into prior criminal conduct. Such a long-term strategic approach would implicate a number of constitutional and legal issues. However, if the legal hurdles can be overcome, such an innovative crime-reduction strategy might well be successful, particularly if it could integrate a number of other time-tested crime reduction strategies that criminal justice advocates have successfully employed. These strategies would support long-term, active GPS monitoring, and would include: crime scene correlation, active supervision, and community-oriented behavioral modification techniques such as restorative justice, a powerful program requiring criminals to interact with their victims and immediate social communities. [Read now!]

ABA Briefs in the 1997-98 Supreme Court Term

Criminal Law & Procedure Practice Group Newsletter - Volume 2, Issue 3, Winter 1998
Kent S. Scheidegger May 21, 2009
In the Supreme Court’s 1997-98 term, the American Bar Association continued its past record of taking the defendant’s side in every criminal case it entered. In August 1997, a special task force of the Federalist Society studied past terms since 1992 and found that the ABA had taken the defense side in every one of the "friend of the court" briefs it filed in that period.

ABA Death Penalty Resolution

Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 2, Spring 1997
Kent S. Scheidegger May 21, 2009
On February 3, the American Bar Association adopted a resolution calling for a moratorium on capital punishment until the country conforms to the ABA's notions of good policy. This resolution says more about the ABA than it does about capital punishment. The ABA's transformation from a broad umbrella organization representing the entire bar into a shill for the criminal defense bar is now clear for all to see.

ABA Watch August 2009

Table of Contents
July 31, 2009

ABA WatchIn this issue, we offer an overview of the ABA’s Standing Committee on the Federal Judicial Committee and its evaluation of United States Supreme Court nominee Sonia Sotomayor. We also discuss a recent study evaluating the Committee’s judicial ratings. And, as in the past, we digest and summarize actions before the House of Delegates. [More]