As of July 1, 2018, a new law, House File 2338, goes into effect, and it radically changes the temporary restricted license (TRL) rules. There will be no periods of ineligibility, regardless of age, test consent or refusal, or how high or low the test result is. Almost everyone will be eligible for a TRL immediately. The new law will …
Category: National Legal News
U.S. Supreme Court Strikes Down Statute as Void For Vagueness
In Sessions v. Dimaya, the U.S. Supreme Court has struck down an aspect of an immigration statute as being unconstitutionally void for vagueness. Due process requires a statute to be clear and understandable, without the requirement of speculation and guesswork. Such principles are important regardless of context, be it immigration or criminal law. In this case, …
Iowa Felony Convictions Nearly Tripled Since 1980
Iowa and many states across the country have experienced a dramatic increase in felony convictions in the past few decades. A study in 2010 showed that felony convictions in Iowa had almost tripled since 1980, going from 2.05% to 5.72% in just three decades. This steady increase in felony convictions has caused many states to …
Mistrial Declared for Cliven Bundy
A mistrial was declared by a federal judge for Cliven Bundy, his two sons Ammon and Ryan and militiaman Ryan Payne in their criminal conspiracy case. The men were accused of conspiring to commit a crime against officers of the Bureau of Land Management in 2014. Judge Gloria Navarro declared the mistrial after it was …
Missouri Public Defenders Suffer Under Heavy Caseload
The Missouri state Supreme Court recently suspended public defender, Karl William Hinkebein, for failure to provide adequate representation to 6 clients between the years 2011 and 2013. Hinkebein is just one of the 370 Missouri public defenders handling more than 80,000 criminal cases a year. As a result of the prosecution of Hinkebein, many public …
US Supreme Court Rules in Favor of Texas Man on Death Row
The US Supreme Court ruled in favor of Texas death row inmate Duane Buck, whose own lawyer brought forth evidence that he was more likely to be a danger in the future because he is black. Texas law states that a person must present future danger to be given the death sentence. Buck’s lawyer retained the testimony …
Controversy Sparks Over Police Departments with Personal DNA Databases
Police departments across the country are causing controversy by creating their own local DNA databases. The police departments state that having personal databases helps them solve crimes faster and prevent future crimes. Those opposed to these local DNA databases believe that it is just a way around the regulations that govern state and national databases. …
Changes Are Here For Eyewitness Identification Procedures
Changes are here for Justice Department eyewitness identification procedures. Obtaining accurate and reliable information from eyewitnesses plays a key role in our criminal justice system. Eyewitness identifications are especially important as they are oftentimes central pieces of evidence in a criminal investigation. A standard eyewitness identification method is the “photo array” – when several photos …
Addiction Is Now Categorized as a Brain Disorder
After a four-year evaluation process with over 80 experts involved, the American Society of Addiction Medicine (ASAM) has released a new definition of addiction. Instead of a behavioral issue, addiction is now considered to be a brain disorder. For decades, many believed that addiction was a moral, social and behavioral issue. The experts involved in …
When a Plea Deal Leads to Spying
Throughout the course of a trial, a defendant may decide to take a plea deal, which usually will shorten or lessen their sentence, or allow them different charges. Many times this plea deal will require that they give evidence or testify against someone else in the same case or a current ongoing investigation. This is …
What Accounts For More Arrests Than All Violent Crimes Combined? Marijuana.
Even though the war on drugs began 45 years ago, not much good has come of it. Since the late 1970s, drug possession arrests have skyrocketed. However, illicit drug use among Americans age 12 and older is higher than it was in the early 1980s. Accordingly, there has been no correlation found between drug-related arrests and …
Police can use illegally obtained evidence in court, SCOTUS rules, sabotaging 4th Amendment
Normally, the Fourth Amendment protects you from unreasonable searches and seizures, but this principle was in question during Utah v. Strieff. Police spied on a house in Salt Lake City, and when Strieff proceeded to leave the house, they stopped him illegally. After running his name in the police database, they found he had a …