Author Archives: Jay Butchko
New Book Sheds Light on How & Why Death Penalty Does Not Work
Between the 1990s and 2016, death sentences dropped by roughly 90 percent, in part due to the decrease in homicide rates, but also because experienced criminal defense attorneys are successfully arguing against it in defense of their clients. A new book—titled “End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice”—written… Read More »
U.S. Supreme Court to Review Using Cell Phone Data under Fourth Amendment
We’ve previously discussed police using cell phones and data to track people during a criminal investigation and what your Fourth Amendment rights are within that context. Fortunately, courts have historically ruled that obtaining cell phone location data to track someone’s movement constitutes a search under the Fourth Amendment, and law enforcement thus first needs… Read More »
Florida Takes Away License of Doctor Accused of Making Fatal Mistakes
One very important step in bringing a civil claim for monetary damages due to a medical mistake involves the state Board holding hearings and administrative proceedings concerning whether a doctor has been involved in misconduct (for example, negligence). Such an issue recently gained headlines here in Florida, when the state decided to take away… Read More »
Is There Hope For Preventing Wrongful Convictions in America?
The United States has what you might call a fascination with the concept of wrongful conviction; especially at the moment, what with all of the various true crime series such as Serial, Making a Murderer, The Murder of Laci Peterson, and others. In our everyday real lives, however, wrongful conviction is a serious issue… Read More »
Modern Rationalizations of Corporate Fraud & Litigating
Corporate fraud is an active part of civil litigation these days, especially as of late, where news headlines continue to highlight intentional misrepresentation and fraud by corporations, who sometimes do harm to people through these misrepresentations. A new paper titled “The Trouble with Corporate Compliance Programs” identifies eight rationalizations most frequently associated with corporate… Read More »
The Department Of Justice Cracks Down on Trade Secret Theft
While most trade secret disputes have traditionally been handled through civil litigation, knowingly stealing or receiving a stolen trade secret is actually a federal crime under the Economic Espionage Act, and prosecution of trade secret misappropriation is reportedly on the rise. Specifically, there are a number of recent criminal trade secret investigations and prosecutions… Read More »
Five Myths about White-Collar Crime
The Chicago Tribune recently featured an interesting article on white-collar crime and the misconceptions surrounding some of the associated charges and prosecutions. Below, we discuss these in more detail: Myth: Prosecutors Won’t Go After Powerful Defendants One of the myths is that prosecutors never go after white-collar criminals such as bankers because this could… Read More »
A Closer Look at What Is and Is Not A Sex Crime
Charges associated with sexual assault and sexual misconduct have been all over the news of late with the Harvey Weinstein scandal. The topic is now being discussed widely not only in the United States, but all over the world. As a result, it is worth taking a close look at what constitutes sex crimes,… Read More »
Understanding the Indictment Charges Involved in Mueller’s Russia Probe
The Mueller Probe Indictments have captured news headlines recently, with the former Donald Trump campaign manager Paul Manafort and his business associate Rick Gates being charged with money laundering and potentially facing 20 years in prison. Many are now speculating on how this could affect Trump and his presidency, although he is working hard… Read More »
New Report Demonstrates That Florida Counties Are Still Arresting Juveniles Too Frequently
A new report released by a coalition of nonprofits that work on civil rights protection reveals that there are still a number of concerning criminal justice issues when it comes to Florida’s treatment of juveniles. Specifically, three-quarters of Florida counties earned an “F” in relying on alternatives to arresting juveniles for minor crimes (i.e…. Read More »
Can You Go To Jail For Transmitting An STD?
On October 21, one former Florida teacher captured headlines when he was arrested for allegedly having sexual relations with an underage student, while also giving her a sexually transmitted disease (STD). As a result, he was charged with unlawful sexual activity with a minor. But what about transmitting the STD? Can you get charged… Read More »
Police Perjury & Judicial Misconduct
Mid-October saw some explosive developments in the criminal justice system in New York—developments that could have an effect on the rest of the country. First, a federal judge announced that there would be a court hearing on the issue of police lying and providing false testimony when it comes to criminal cases. In addition… Read More »
Florida Man Wrongfully Arrested Over Doughnut Glaze Highlights Problems with Roadside Drug Tests
It’s not a headline you see every day: Florida police mistaking doughnut glaze in a car for crystal methamphetamine and wrongfully arresting the car’s owner. As a result of the incident, the man received a $37,500 settlement from the city of Orlando in mid-October. Yet perhaps most shockingly, the roadside drug tests were positive… Read More »
New Publication Highlights Just How Bad Courts Are At Distinguishing Good Science from Bad
A new law review article published by a professor at Case Western University Law School highlights just how terrible the courts can be when it comes to relying on forensic science in criminal cases. Written by a previous member of the now-disbanded National Commission on Forensic Science, it focuses on how some of the… Read More »
Holding Prosecutors Accountable For Misconduct and Wrongful Convictions
While there are ways of holding police accountable for misconduct and civil and constitutional violations, it has historically been difficult to do the same when it comes to prosecutorial misconduct, even when that misconduct leads to wrongful conviction, as described in a recent New York Times article. Federal law does not yet properly address… Read More »
Activism & the Necessity Defense
We’ve previously discussed how the line is drawn between free speech and crime. When a protest turns violent, individuals engaged in the protest can sometimes be arrested for crimes such as assault and battery. But what about environmental activists trying to stop a pipeline from being constructed and draw attention to the issue of… Read More »
Cruel & Unusual Punishment: Prisoners Spending Too Much Time in Jail Waiting For Trial
The recent availability of the six-part television series Time: The Kalief Browder Story on streaming sites like Netflix has placed a special focus on the injustice of the criminal justice system in this country; in particular, the incidence of individuals serving significant time in prison without having been convicted of any crimes. This appears… Read More »
Chronic Traumatic Encephalopathy (CTE) as a Criminal Defense
As scientists and doctors learn more about chronic traumatic encephalopathy (CTE), a degenerative brain disease mainly found in athletes (especially football players) who have a history of repetitive brain trauma (i.e. concussions), our criminal justice system has to look at the impacts this disease has on behavior and what role it plays in criminal… Read More »
Civil Rights/Discrimination Case to Be Heard By Supreme Court Will Have Far Reach
A case that will be heard by the U.S. Supreme Court this fall will have broad repercussions for civil rights; specifically, in examining whether the U.S. Constitution provides individuals with a right to discriminate in violation of the laws that apply to public accommodation; laws that govern businesses which are open to the public…. Read More »
Criminal Investigation Underway For Florida Nursing Home Deaths
It’s what no family with loved ones in a nursing home wants to hear: that the facility experienced a disaster, and countless residents were injured and/or killed as a result. Unfortunately, that’s precisely what happened at the Rehabilitation Center at Hollywood Hills, where eight people died during Hurricane Irma. Now, not only is the… Read More »
Anthony Weiner Conviction Highlights Seriousness of Sexting Crimes
The case of Anthony Weiner’s conviction has grabbed national headlines after he was sentenced to 21 months in prison on September 25th after pleading guilty to transferring obscene material to a minor. The coverage warrants revisiting this issue of “sexting” and when exactly it carries criminal charges. Weiner was convicted after asking a young… Read More »
DNA Techniques Used In Criminal Cases Come Under Fire
Most-everyone is familiar with how persuasive DNA evidence is in our modern criminal justice system. Two techniques in particular that were considered to be cutting edge—and were relied on by many jurisdictions over the last few years—have recently come under fire by agencies such as the FBI; as have the many cases and criminal… Read More »
Police Officers Detaining Innocents Due To Immigration Status: Know Your Rights
The police questioning innocent people about their immigration has become a serious civil rights issue; not just in states like Texas, but in Florida as well, where recently, a police officer called to an accident after a man was hit by a truck first asked about his immigration status instead of offering him medical… Read More »
Corruption & Abuse in Material Witness Cases
An article released by The New York Times on September 8th has those involved in criminal justice for defendants across the country concerned. The article describes how witness warrants were not only misused, but harmed both defendants and the witnesses themselves. Material witness warrants are one of the most expansive powers provided to law… Read More »
“Our Criminal Courts Are Failing Juvenile Defendants”
A recent article in The Nation highlighted a disturbing trend of juveniles not obtaining the criminal defense services that they need and are entitled to under the U.S. Constitution. According to a new analysis, these young juveniles are often left to navigate the legal system on their own after being denied access to a… Read More »