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These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

Rikers Island, a symbol of New York City’s fraught relationship with justice and incarceration, houses a complex social world that remains hidden from public view. While most of its detainees are awaiting the resolution of their cases, a smaller group serves sentences too brief for the state prison system, known as “city time.” These short sentences, ranging from just a few days to a year, are typically served in large, overcrowded dormitories notorious for their lack of privacy and sanitation. Within these confines, a resilient social order emerges as incarcerated individuals navigate survival, solidarity, and structure amid the harsh realities of confinement.

David Campbell and Jarrod Shanahan’s City Time , published in January 2025 by NYU Press, offers an unflinching exploration of this hidden world. Both authors draw on their personal experiences serving city time at Rikers to craft a vivid portrayal of daily life inside the jail’s walls. They delve into the routines that define incarceration—sanitation, nourishment, work, and recreation—while capturing the intricate social dynamics that develop among those subjected to this form of punishment. The book also exposes the deep structural injustices underpinning the city’s criminal justice system, highlighting the intersection of race, class, and mental health challenges that contribute to a revolving door of incarceration for many impoverished New Yorkers.

By tracing the authors’ journeys from intake to release, City Time not only recounts a personal experience but also sheds light on the broader societal implications of short-term incarceration. It challenges readers to confront the human cost of a justice system that often prioritizes punishment over rehabilitation and reveals the enduring spirit of those living through city time sentences on Rikers Island.

On November 18, 2022, the Attorney General appointed Special Counsel Jack Smith to investigate potential violations of law related to efforts to interfere with the lawful transfer of power following the 2020 presidential election and the certification of the Electoral College vote on January 6, 2021. This investigation culminated on August 1, 2023, with a federal grand jury indictment in the District of Columbia charging former President Donald J. Trump with four felony offenses stemming from alleged attempts to use fraud and deceit to overturn the election results.

Following a Supreme Court decision affirming immunity for certain alleged official misconduct, a superseding indictment addressed Mr. Trump’s non-immunized actions. However, upon Mr. Trump’s reelection to the presidency, the Department of Justice moved to dismiss the case on November 25, 2024, adhering to its longstanding position that a sitting President cannot face federal indictment or prosecution.

This volume of the report submitted by Jack Smith on January 7, 2025, prior to his resignation on January 10, details the Special Counsel’s investigation into the “Election Case,” offering transparency on prosecutorial decisions under DOJ regulations (28 C.F.R. § 600.8(c)). It provides a comprehensive account through five sections:

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

NJ Firm Narrowly Avoids Case Dismissal Over Lengthy Complaint Filed in Fed Court

In  a January 13, 2025 Report, The Demographic Outlook: 2025-2055, Congressional Budget Office projects, the U.S. population will increase from 350 million people in 2025 to 372 million in 2055, and the average age will also rise. Beginning in 2033, annual deaths will exceed annual births, and net immigration accounts for the growth.

REPORT SUMMARY:

“The size of the U.S. population and its composition by age and sex have significant implications for the economy and the federal budget. For example, the number of people ages 25 to 54 affects the number of people who are employed, and the number of people age 65 or older affects the number of Social Security and Medicare beneficiaries.

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

Appellate Division Rejects Third Circuit Interpretation of NJ Law, Says No Arbitration for Insurance Fraud

During the week ending January 10, 2025 we have received listings of 8 Government and Administrative Law Summaries,  13 Constitutional Law summaries, 28 Criminal Law Summaries, 2 White Collar Law Summaries,  3 Intellectual Property Summaries, 1 Copyright Summary, and 4 Medical Malpractice Summaries.  We plan is to continue posting opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.  To gain access to these case summaries, click on the corresponding links below:

Opinion Summaries Posted for Week Ending  January 10, 2025:

Criminal Law

Learn more about CBO’s work and its processes in the below publication that is typically updated at the start of each Congress.

Publication Summary:

Lawmakers created the Congressional Budget Office to help the Congress play a stronger role in budget matters. CBO was established by the Congressional Budget Act of 1974 (the Budget Act) to provide objective, nonpartisan information to support the Congressional budget process and to help the Congress make effective budget and economic policy. The agency offers an alternative to the information provided by the Office of Management and Budget and other agencies in the executive branch.

These News Briefs and Decision Summaries are from  the  the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:

NEWS BRIEFS:

Tensions Run High at Final Hearing Before Manhattan Congestion Pricing Takes Effect

For much of its history, the death penalty in the United States has been framed as a tool of justice—a way to hold the most vicious criminals accountable for their heinous acts. Stories of grisly murders and the suffering of victims’ families dominated the narrative, overshadowing questions about fairness or accuracy in the system. In this view, the focus was on the victims, while defense attorneys challenging death sentences were often portrayed as meddlesome “do-gooders” intent on exploiting legal technicalities to obstruct justice.

Today, the story has shifted dramatically. The modern narrative exposes a system riddled with errors, inequities, and deceptions—a bureaucracy that rushes individuals to death row without ensuring they are the right ones. According to the Death Penalty Information Center’s Death Penalty Census, the reality is stark: the most common outcome of a death sentence in the United States is not execution but reversal. Only 15.7% of death sentences ultimately result in execution, with the vast majority overturned due to errors or other issues.

With such a low “success” rate, one must ask: Why does this archaic punishment persist? Austin Sarat, William Nelson Cornwell Professor of Jurisprudence and Political Science at Amherst College addresses this question in his recent posting, Why Does the United States Bother to Impose Death Sentences?, in VERDICT: Legal Analysis and Commentary from Justia. In his posting, Professor Sarat concludes:

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