Criminal Law Library Blog

July 4, 2022

The United States of America and Independence Day

On this July 4, after a wonderful celebration of food, fun and fireworks, I thought perhaps it would be appropriate to write a post commemorating the beginnings of both the naming of the United States and the observance of July 4 as a celebration of the birth of American independence:

On September 9, 1776, the Second Continental Congress adopted “United States” as a new name for what had been called the “United Colonies.” The name United States of America has remained since then as a symbol of freedom and independence.

Benjamin Franklin popularized the concept of a political union in his famous “Join, Or Die” cartoon in 1754. A generation later, the concept of unity became a reality. Thomas Jefferson is credited as being the first person to come up with the name, which he used while drafting the Declaration of Independence. In June 1776, Jefferson’s draft version of the Declaration started with the following sentence: “A Declaration of the Representatives of the UNITED STATES OF AMERICA, in General Congress assembled.” The final version of the Declaration starts with the date July 4, 1776 and the following statement: “The unanimous Declaration of the thirteen united States of America.” Since that date, July 4 continues to be celebrated as the birth of American independence . It has been observed as a federal holiday (Independence day) since 1941.

June 14, 2022

Gun Violence and Mass Shootings in America

by David Badertscher

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.

June 3, 2022

Moods and Attitudes of the American People 2022

by David Badertscher

There are many ways to define mood, or national mood, but for this posting I have selected the following: the perceived emotional tone and general attitudes of the American people in 2022.

During my research, I found many references which discussed this topic but have pared down the list to the six items listed below. Some of the materials are primarily news articles and essays, some consist primarily of data derived from surveys, and others are a combination of the two. Looking at the materials through another lens, some of the articles emphasize politics, some economics, and others American society more generally. Finally, some of the articles examine the mood of American society primarily from within, while at least one article examines American moods and attitudes from an international perspective as viewed by others from throughout the world.

I will close by quoting from a 2018 New York Times Magazine article by Steven Hyden (IS THE NATIONAL MOOD THE ONE IN POLLS OR THE ONE ONLINE?, The New York Times Magazine, July 2, 2018).

June 3, 2022

David Badertscher Presented With Albert Nelson Marquis Lifetime Achievement Award

by David Badertscher

March 27, 2018 /24-7PressRelease/ — Marquis Who’s Who, the world’s premier publisher of biographical profiles, is proud to present David Badertscher with the Albert Nelson Marquis Lifetime Achievement Award. An accomplished listee, Mr. Badertscher celebrates many years’ experience in his professional network, and has been noted for achievements, leadership qualities, and the credentials and successes he has accrued in his field. As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection process.

As a historian, former educator and retired principal law librarian for the New York Supreme Court Library, Mr. Badertscher understands the importance of keeping accurate and detailed records. Whether cataloguing materials or conducting research, he maintained a commitment to professional excellence that lasted the duration of his career. After earning a Bachelor of Science from Indiana State University in 1957, he went on to teach at Rockville High School in Indiana, Medinah Elementary School in Illinois and Beachwood High School in Ohio. He then began working in the Chicago Public Library system before becoming an assistant reference and circulation librarian at the University of Chicago Law School, where he laid the groundwork for the next portion of his professional life. He also obtained a MS from Indiana State University in Social Science and later an MALS in library and information science from Rosary College, now Dominican University.

In 1973, Mr. Badertscher left the Midwest for Washington, DC, where he served as Executive Law Librarian of Georgetown University Law Center until 1978. He briefly served as library director for the firm of Milbank, Tweed, Hadley & McCloy LLP before becoming a Principal Law Librarian of the State of New York Unified Court System a position he held from 1980 until 2012. While there, he also taught at Baruch College and for ten years was a member of the Board of Trustees of the New York Metropolitan Reference and Research Library Agency, now the Metropolitan New York Library Council where he served as chairman of the Board Personnel Committee. It was during his time working with the court system that he helped to introduce computer-assisted legal research in the trial courts, implemented a new method for handling transcripts, and developed blogging research services for the courts. These contributions, in addition to the experience he gained alongside a number of high-caliber professionals at the University of Chicago, have been the highlights of Mr. Badertscher’s impressive career.

August 12, 2012

State Advocacy Strategies: The New York Story

by David Badertscher

Included below are my introductory remarks delivered at the Annual Meeting of the American Association of Law Libraries on July 23, 2012 as part Program E-1 State Advocacy Strategies: Learning to Connect, Grow and Survive. The material below includes only my introductory remarks and a series of slides (see link below) not included as AALL handouts. See added explanation below.

David Badertscher

INTRODUCTORY REMARKS.

March 26, 2011

The Jury Expert Has a New Look

by David Badertscher

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.

March 26, 2011

Findlaw Case Summaries: Criminal Law and Procedure March 21-25, 2011

by David Badertscher

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw
March 21-25, 2011.

United States First Circuit, 03/22/2011
US v. Werra, No. 09-1593
Conviction and sentencing of defendant is reversed because stop-and-frisk conducted on him after law enforcement officers forced their way into a house occupied by a group of unrelated individuals to execute an arrest warrant violated the Fourth Amendment rights of defendant, where he was not the subject of the warrant.

United States Fourth Circuit, 03/25/2011
US v. Masciandaro, No. 09-4839
Conviction and sentencing of defendant for carrying or possessing a loaded handgun in a motor vehicle, under 36 C.F.R. section 2.4(b), is affirmed where the general federal savings statute, 1 U.S.C. Section 109, denies defendants an automatic entitlement to the benefit of post-arrest changes in the law.

United States Ninth Circuit, 03/21/2011
Smith v. Almada, No. 09-55334
In an appeals arising out of the arrest and trial of the appellant for arson, summary judgment in favor of the appellee is affirmed where failure to disclose evidence during criminal trial did not prejudice appellant.
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