Courts across the country have reached different answers to the question at issue in the case. Five state supreme courts have held a misdemeanor pursuit justifies a warrantless home entry, according to Lange’s lawyers, while three state courts and two federal appeals courts say the issue must be reviewed on a case-by-case basis. “The courts […]
The Criminal & College Discipline Blog
An attorneys blog about criminal law and procedure, college discipline, Title IX and cases of Interest
Supreme Court Rules against College for Curbing Christian Students’ Free-Speech Rights
In an 8-1 decision, the U.S. Supreme Court recently ruled a speech code enforced by a Georgia state college violated the First Amendment. and authorized students claiming to have been harmed by the policy to file suit, even if just for nominal damages. The decision, written by Justice Clarence Thomas, was handed down on March […]
Victims of Police Shootings Have Been “Seized” under Fourth Amendment: Supreme Court
In a 5-3 decision in Thomas v. Madrid, handed down March 25, the U.S. Supreme Court ruled that victims of police shootings qualify as having experienced a “seizure” subject to the Fourth Amendment’s ban on unreasonable searches or seizures, even if they were able to evade arrest. Written by Chief Justice John Roberts, the decision […]
Virginia Governor’s Executive Order Restores Voting Rights for Over 69,000 Released Ex-Felons
By an executive order signed March 16, Virginia governor Ralph Northam restored voting rights to more than 69,000 felons released from state prisons and jails. The “Reforms Restoration of Rights Process” order immediately restores voting and other civil rights to any Virginian upon release from incarceration, even if they remain on community supervision, such as […]
New York Becomes 15th State to Allow Recreational Cannabis Use
New York Legalizes Recreational Use of Cannabis On March 31, Gov. Andrew Cuomo signed into law the “Marijuana Regulation and Taxation Act,” and New York became the 15th state to decriminalize adult recreational use of cannabis. The measure earlier cleared the state Senate on a 40-23 margin and had passed the state Assembly on a […]
VA Gov. Backs Big Changes in State’s Criminal Justice System
Virginia governor Ralph Northam (D) is pushing for major changes in the state’s criminal justice system, including repealing the death penalty – which would make Virginia the first state in the South to take that step – and automatically restoring felons’ right to vote on release. Delivering his “State of the Commonwealth” address on January […]
Biden Orders DOE to Review Title IX Rules on Campus Sexual Assault or Harassment
On March 8, President Biden signed an executive order directing the federal Department of Education (DOE) to make a fresh review of its controversial treatment of how colleges and universities conduct Title IX investigations of claims of sexual assault or harassment. Those rules were issued last May by former DOE Secretary Betsy DeVos. The DeVos […]
Biden Orders DOJ to Stop Using Private Prisons
Phasing Out Private Prisons During his first week in office, President Joe Biden on January 26 issued an executive order directing the Department of Justice (DoJ) not to renew any leases the agency has with privately-owned prisons, as part of what he termed the new administration’s campaign to change “its whole approach” towards racial equity. […]
Top State Court: Pa. Counties Cannot Bar Medical Marijuana to Those on Probation
The Pennsylvania Supreme Court ruled that the state’s recently enacted law allowing medical use of marijuana prevents counties from barring medical marijuana use by ex-inmates released on probation. In the case of Gass et al., v. 52nd Judicial District, Lebanon County, brought as a class action by the American Civil Liberties Union on behalf three […]
Small “Nudges” Can Boost Defendants Showing Up for Court Dates
NYC Use Small “Nudges” to Reduce Missed Court Dates Missing scheduled court dates or appointments is a persistent problem in many areas. In New York City, as many as 47% of criminal defendants given a ticket for a misdemeanor or other relatively minor offense fail to show up when scheduled. This may not only lead […]