Criminal Law

The President doesn’t need Congress’s help to fix unjust sentences

Attorney General Holder says "there is a limit to what the Justice Department can accomplish on its own," but that doesn't seem true in this case.

Third Circuit rules narrowly on “authorization” under the CFAA

Visits to a competitor's website, and the creation of trial subscriptions to access the competitor's database, are held to be "authorized" and legal under the CFAA based on the facts of the case.

The puzzle of 18 U.S.C. § 924(c)

The defendant fired a shot that injured one victim and then struck and killed another victim. In so doing, the defendant clearly violated the law prohibiting using a gun during a crime of violence. But did he violate that law once or twice? The Tenth Circuit takes a look in a new decision, United States v. Rentz.

The controversial punishment of Barrett Brown: A deep dive

The recent sentencing of Barrett Brown has triggered an outpouring of criticism about federal computer crime prosecutions. This post takes a close look at the Brown sentence to see if the criticisms are justified. It concludes that the judge may have miscalculated Brown's sentence, but not for reasons that many have alleged. And it's not clear if the potential errors hurt Brown or helped him.

One if “duty to retreat,” two if “stand your ground”

Paul Revere and one of the earliest American self-defense cases -- which also had the earliest controversy about the duty to retreat.

Obama’s proposed changes to the computer hacking statute: A deep dive

President Obama has announced proposals for cybersecurity legislation that include reforms of the controversial Computer Fraud and Abuse Act. This post takes an in-depth look at the CFAA and considers how the Administration's proposal would work, what it would change, and what the reforms leave unclear.

Obama to propose expanding the computer crime laws (again) [UPDATED]

A preview of a proposal that will be part of the State of the Union address.

Re: the vagueness issues in Johnson

An insightful post speculating about what led to the Supreme Court's unusual order for rebriefing and reargument in a pending Supreme Court case.

The President’s Duty of Good Faith Performance

The President's motive is relevant to whether or not he is exercising his executive discretion "faithfully."

Supreme Court will consider the constitutionality of the Armed Career Criminal Act

Justice Scalia has written: "In the field of criminal law, at least, it is time to call a halt."

Load More Posts