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Criminal Law

Johnson v. United States - Post-Argument SCOTUScast

SCOTUScast 11-19-14 featuring Richard Myers
Richard E. Myers November 19, 2014

On November 5, 2014, the Supreme Court heard oral argument in Johnson v. United States. This case concerns whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act.

To discuss the case, we have Richard Myers who is the Henry Brandis Distinguished Professor of Law at the University of North Carolina School of Law.

Criminal Sentencing Reform: A Conversation among Conservatives - Event Video

2014 National Lawyers Convention
Marc A. Levin, John G. Malcolm, Michael B. Mukasey, William G. Otis, William H. Pryor Jr. November 17, 2014

Although prison populations at the federal level have very recently declined for the first time in decades, prisoner population at the state level rose.  The cost of crime, some that can be measured and some that are impossible to measure, is undoubtedly high, but so too is the cost of incarceration.  Are we striking the right balance in length of sentences?  And what is the proper balance between latitude and sentencing guidelines for judges?  Do the answers to these questions differ for the state versus the federal criminal justice system?

The Federalist Society's Criminal Law & Procedure Practice Group presented this panel on "Criminal Sentencing Reform: A Conversation among Conservatives" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Marc A. Levin, Director, Center for Effective Justice, Texas Public Policy Foundation
  • Mr. 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
  • Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General
  • Prof. William G. Otis, Adjunct Professor of Law, Georgetown University Law Center
  • Moderator: Hon. William H. Pryor, Jr., U.S. Court of Appeals, Eleventh Circuit

Mayflower Hotel
Washington, DC

Something Fishy in Sarbanes-Oxley? Yates v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Todd F. Braunstein November 06, 2014

At issue in Yates v. United States is the "anti-shredding" provision of the Sarbanes-Oxley Act which makes it a federal crime if one “knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object” with the intent to impede or obstruct a federal criminal investigation. John Yates was criminally prosecuted because he allegedly destroyed three fish that were too small to be caught legally. According to Mr. Yates, his prosecution was improper because he could not have had fair notice that a fish would be considered a “tangible object." Our expert attended the oral arguments and offered his impressions to a live Teleforum audience.

  • Mr. Todd F. Braunstein, Counsel, WilmerHale