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United States v. Nesbeth and Collateral Consequences of Sentences

Many defendants focus exclusively on only one issue in their case – Am I going to jail?  If there is even a possibility that this question may be answered affirmatively, follow-up issues concerns the length of the sentence and the facility where it may be served (e.g., state prison vs.…

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18-Year Old Live-Streams Friend’s Rape – and is Charged as a Sex Offender

Prior articles on this blog have discussed our increasing dependency on our electronic devices.  Many members of my generation are still getting somewhat used to smart phones, I-pads, and the like.  However, for our children who have grown up with them, using these devices is perfectly natural and an ordinary…

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The Encryption Debate – Once Again, Technology Outpaces the Law

A US Magistrate Judge in California ruled recently that technology giant Apple could be required to create specialized software to help federal investigators bypass the security protocols on the encrypted Iphone 5S used by Syed Farook, one of the San Bernardino shooters.  This ruling conflicts with the ruling of a…

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Computer Crime Increasing in Frequency, Magnitude and Sophistication

The United States Attorney’s Offices for the Southern District of New York and the Northern District of Georgia recently announced three indictments charging several defendants with, among other things, computer hacking, theft and fraud.  [US v. Shalon, No. 15-cr-00333 (S.D.N.Y.); US v. Murgio, No. 15-cr-00769 (S.D.N.Y.); and US v. Shalon,…

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Release of Non-Violent Federal Drug Offenders Long Overdue

The United States houses a quarter of the world’s prison population.  The Justice Department has an annual budget of about $27 Billion, a third of which is spent on operating the federal Bureau of Prison’s 120 facilities.  Further, since 1980, the US population has grown by about a third, while…

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Cleveland is the Latest City to Enter Into Police-Related Consent Decree with USDOJ

Cleveland, Ohio has become the latest city to enter into a consent decree with the United States Justice Department (“DOJ”) concerning the conduct of its police force.  Other cities that have previously entered into similar agreements include New Orleans, Seattle and Detroit. The consent decree stemmed from a DOJ investigation…

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New Report Confirms Mentally Ill Prison Inmates Receive Inadequate Services and are Abused

Human Rights Watch (“HRW”) recently issued a new Report finding that mentally ill inmates in US prisons are frequently mistreated, neglected and abused.  The Report also contains a lot of information concerning the role of prisons in the mental health system in this country. First, according to the HRW Report,…

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Rikers Ends Solitary Confinement for Juveniles (Finally)

New York’s Rikers Island is the second largest jail in the United States, housing between 11,000 and 12,500 inmates at a given time.  It is also one of the most violent jails in the country. For many years, experts have acknowledged that placement in solitary confinement can negatively impact an…

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