by Marc Neff
Downward Departure from Sentencing Guidelines Must Result in Final Sentence Below the Original Guideline
A recent precedential case, decided by the United States Court of Appeals for the Third Circuit, held that a downward departure from the sentencing guidelines must result in a final sentence, less than the minimum provided by the guideline. The case of U.S. v. Vazquez-Lebron involved a Defendant who had pled guilty to conspiracy to possess and intent to distribute cocaine. For his...
by Marc Neff
Superior Court of Pennsylvania Upholds Suppression Order Under Pennsylvania’s Wiretap Act
A recent appellate decision affirmed a suppression of evidence order, granted due to a governmental violation of Pennsylvania’s Wiretap Act. Pennsylvania’s Wiretap Act criminalizes the intentional interception of wire, electronic, and oral communications and prohibits the use of any communication derived from such an interception. Accordingly, Police must strictly comply with the...
by Marc Neff
Supreme Court Holds Defendant has the Right to Cross-Examine Forensic Analysts in Criminal Trials
The Supreme Court of the United States held last week by a 5-4 majority, that a criminal defendant has the right to cross-examine forensic analysts under the Sixth Amendment’s Confrontation Clause. The ruling in Melendez-Diaz v. Massachusetts requires Prosecutors who offer drug, blood, ballistic, or other forensic reports as evidence at trial to call the analyst who prepared the report to...
by Marc Neff
Minnesota Legislature Interprets Federal Law to Allow States to Block Internet Gambling Sites, Raising First Amendment Concerns
A recent order by the Minnesota Department of Public Safety, which would block access of residents to a list of gambling websites, has come under criticism for infringing upon First Amendment rights. The State of Minnesota published a seven page list of internet gambling web sites, which it then distributed to Internet Service Providers operating within the state and ordered the ISPs not to...
by Marc Neff
United States Supreme Court Denies Motions of Obese Ohio Man Sentenced to Death
The Eighth Amendment to the United States Constitution prohibits the Federal Government, and as such State Governments, via the Fourteenth Amendment, from imposing excessive bail, excessive fines, and cruel and unusual punishments for people charged and/or convicted of criminal offenses. For years, arguments whether the death penalty constitutes excessive or cruel and unusual punishment have...
by Marc Neff
U.S. SUPREME COURT RULES ABSENT WITNESSES CANNOT HAVE TESTIMONY ADMITTED
Last week, the United States Supreme Court ruled that an absent witness’ testimony cannot be admitted to prove a defendant’s guilt, unless the defendant engaged in acts of misconduct specifically intended to procure the absence of the witness. The criminal justice system has never imposed a duty on a defendant to help the prosecution in proving his or her guilt; however, a defendant has an...
by Marc Neff
UNITED STATES SUPREME COURT MAKES FIRST EVER RULING REGARDING SECOND AMENDMENT RIGHTS
“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”. This, the wording of the Second Amendment to the United States Constitution, has caused great debate throughout our country’s history. In efforts to reduce high rates or crime and to promote safety, many laws have been passed in an attempt to...
by Marc Neff