Articles Posted in Criminal Law and Justice

During this past week (week ending September 2,2022) we have received listings of 23 Government and Administrative Law Summaries,  53 Constitutional Law summaries,  54 Criminal Law Summaries, and no White Collar Law case summaries. The plan is to post 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 September 2, 2022:

Constitutional Law Opinion Summaries.

During this past week (week ending August 26,2022) we have received listings of 27 Government and Administrative Law Summaries,  49 Constitutional Law summaries,  66 Criminal Law Summaries, and 7 White Collar Law case summaries. The plan is to post 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 AUGUST 26, 2022:

Constitutional Law Opinion Summaries.

During this past week (week ending August 19,2022) we have received listings of 27 Government and Administrative Law Summaries,  78 Constitutional Law summaries,  79 Criminal Law Summaries, and 4 White Collar Law case summaries. The plan is to post 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 AUGUST 19, 2022:

Constitutional Law Opinion Summaries.

During this past week (week ending August 12,2022) we have received listings of 19 Government and Administrative Law Summaries,  77 Constitutional Law summaries,  77 Criminal Law Summaries, and 4 White Collar Law case summaries. The plan is to post 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 AUGUST 12, 2022:

Constitutional Law Opinion Summaries.

During this past week (week ending August 5,2022) we have received listings of 21 Government and Administrative Law Summaries,  60 Constitutional Law summaries,  63 Criminal Law Summaries, and 2 White Collar Law case summaries. The plan is to post 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 AUGUST 5, 2022:

Constitutional Law Opinion Summaries.

After reviewing some of my earlier postings over the years and their corresponding comments, it became clear that many readers from that time were accessing  on a regular basis the Opinion Summaries that were being posted  on the Criminal Law Library Blog, prior to its initial closing in 2012. On the basis of that finding it became obvious that reintroducing some form of Opinion Summaries in the newly reopened  Criminal Law Library Blog should at least be considered seriously. After consulting with the Justia Staff everyone  agreed that it was appropriate to reintroduce  opinion summaries to the Criminal Law Library Blog in the form of  Opinion Summaries Published by Justia. The plan is to post opinion summaries, under corresponding areas of law, weekly whenever possible in order to keep blog readers updated.

During this past week (week of July 29,2022) we have received listings of 43 Constitutional Law summaries,  56 Criminal Law Summaries, and 1 White Collar Law case summary.  To gain access to these case summaries, click on the corresponding links below:

Constitutional Law Opinion Summaries.

This Summer after reviewing some of my earlier postings over the years and their corresponding comments, it became clear that many readers from that time were accessing  on a regular basis the Opinion Summaries that were being posted  on the Criminal Law Library Blog, prior to its initial closing in 2012. On the basis of that finding it became obvious that reintroducing some form of Opinion Summaries in the newly reopened  Criminal Law Library Blog should at least be considered seriously. After consulting with the Justia Staff everyone  agreed that it was appropriate to reintroduce  opinion summaries to the Criminal Law Library Blog in the form of  Opinion Summaries Published by Justia. The plan is to post opinion summaries weekly whenever possible in order to keep blog readers updated.

Taking advantage of  improvements in the new software Justia began using after 2012, it became possible to have links contained within each  post accessible on one screen page for added convenience to the reader. The week of the posting is prominently displayed, as noted below,  followed by a brief  statement and by the links to the relevant areas of law.

As we further develop this format in the coming weeks, it is expected that links to additional areas of law may sometimes be added– provided they keep within the confines of the scope of the Criminal Law Library Blog.  Since many of the categories of Opinion Summaries  Justia publishes will always be outside the scope of the Criminal Law Library Blog, they will not be included in the selected  opinion summaries posted here.  For those interested in gaining access to additional listings, each posting of Selected Opinion Summaries Published by Justia will contain a link to the complete listings of Justia Opinion Summaries.

No. 21–429. Argued April 27, 2022—Decided June 29, 2022

Castro-Huerta was convicted of child neglect in Oklahoma state court. The Supreme Court subsequently held that the Creek Nation’s eastern Oklahoma reservation was never properly disestablished and remained “Indian country.” Castro-Huerta then argued that the federal government had exclusive jurisdiction to prosecute him (a non-Indian) for a crime committed against his stepdaughter (Cherokee Indian) in Tulsa (Indian country). The Oklahoma Court of Criminal Appeals vacated his conviction.

The Supreme Court reversed. The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country. States have jurisdiction to prosecute crimes committed in Indian country unless preempted either under ordinary preemption principles, or when the exercise of state jurisdiction would unlawfully infringe on tribal self-government. Neither preempts state jurisdiction in this case.

In the past year there has been what appears to be a constant drumbeat, seemingly almost weekly and sometimes daily, of reports of mass shootings and deaths by firearms throughout the United States. There are also statistics. A recent study reported by the BBC indicates there has been a steady increase by year in the number of gun deaths in the U.S. between 2014 and 2021 with the exception of a small dip in 2020. Reliable published statistics for 2022 have been difficult to locate due to the fact that 2022 is the current year but according to the Gun Violence Archive there have been 225 mass shootings, 14 mass murders, and 19,350 total number of gun violence deaths (all causes) that have occurred as of June 11, 2022.

While there has long been an ebb and flow of general concerns regarding gun violence and mass shootings in America, the high level of recent reporting mentioned earlier raises the question: Has gun violence and particularly mass shootings in the United States increased to the point where it can now be reasonably asserted that this issue has now become a crisis in America?

The Congressional Research Service defines mass shootings as “multiple firearm homicide incidents involving four or more victims at one or more locations close to one another”. The FBI definition is essentially the same but in the United States there are several different, but common, other definitions of mass shootings. For a more extended discussion see Richard Berk’s analysis of this topic, What is Mass Shooting? What Can Be Done?, on the University of Pennsylvania, Department of Criminology website.

The people at The Jury Expert are excited about moving to a new platrorm, WordPress, where they can incorporate a new look and possibly some new features as well. Below is their e-mail announcing the change and providing links so you can see for yourselves. Take a look:

The e-mail:

We are too excited to wait until our next issue to get this announcement out! The Jury Expert has moved to a WordPress platform and we are ready for our close-up. We invite you to visit and see how much easier it is to find what you’re looking for on our new site. One of the benefits of our new platform is we can use categories (see the right-hand side of the webpage for the category drop-down menu) to help you find what you need.

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