Syracuse Criminal Law Blog

Sexual Assault on Campus: Victim Focus Clouds Due Process Rights of Defendant

The White House’s visible focus on preventing sexual assault has sparked efforts at both the federally and state level to address sexual violence. The Department of Education Office for Civil Rights, the office responsible for dictating procedures regarding investigating sexual assault complaints and Title IX violations, released a “Dear Colleague” letter in April 2011 detailing new procedures to investigate these claims. The new procedures require administrators to determine the guilt

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Dog Sniffs are Not Routine Traffic Stop Procedures: Rodriguez v. United States

In a drastic shift in Fourth Amendment jurisprudence, the Supreme Court recently decided that, absent reasonable suspicion, an officer cannot extend a traffic stop to conduct a dog sniff of the vehicle. Any stop that exceeds the time necessary to handle the initial reason for the stop is an unreasonable seizure What Happened? In March 2012, Officer Struble pulled over Dennys Rodriguez and his passenger for driving on a highway

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Surveillance Camera Systems: Are They Really Preventing Crime?

Video surveillance systems are popping up all over the United States.  Law enforcement has taken an aggressive approach by employing dozens, if not hundreds, of surveillance cameras in cities and towns.  A few major justifications for employing the technology include that (1) police can respond to crime quickly by observing criminal behavior in real time, and (2) the cameras prevent crime simply through their presence. Despite these efforts, evidence from academic literature

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Regulatory Crimes

When most people think about different types of crimes, they usually consider historically common crimes such as theft, assault, fraud, and murder.  Crimes typically contain two major elements – an act, known as “actus reus,” and “mens rea,” or mental state.  As a result of the anatomy of criminal laws, prosecutors are required to prove all of the elements of a crime if they wish to win a conviction.  An

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Law Enforcement, Privacy, and StingRays

As surprising as it may sound, the U.S. Constitution does not contain an express right to privacy.  To remedy this scary fact, the Bill of Rights was born out of the need to establish boundaries upon which government could not infringe without certain explicit procedures.  From an historical perspective, the Constitutional Framers were interested in protecting privacy of persons and possessions, specifically related to unreasonable searches and seizures (the Fourth

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Yates v. United States – Context is Everything…

This blog entry is intended to highlight a part of the law that usually confuses people – words. Please read it as a cautionary tale, keeping in mind that sometimes it takes the Supreme Court of the United States to determine the meaning of a statute in a criminal law case. The definition of a “tangible object” seems fairly straight forward. The Supreme Court even goes out of its way

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Drug Smuggling: What You Should Know

Drug smuggling has been a part of American culture for a long time. Drug use took off in the late 1960s when middle class Americans changed their perspective on drug use, taking it from taboo to fashionable. Drugs became an appendage of social rebellion and protest during an era of political unrest. Over time, government pushed back against the drug culture, and as a result, it passed laws such as

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Government Mass Surveillance: A Myriad of Threats

Mass surveillance in the United States invokes too-close-to-home trepidation of a totalitarian “Big Brother” surveillance state. For most people, the inescapable surveillance state depicted in George Orwell’s dystopian novel, Nineteen Eighty-Four, seemed just that — a thing for novels. Times have changed. Riding on the coat tails of the September 11, 2001 tragedy, the National Security Agency has expanded its mass surveillance efforts including the tracking of calls of millions

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Campus Sexual Assault: Institutions of Higher Learning are Facing Tremendous Challenges

College is an exceptionally important time in a person’s educational development. It provides the opportunity to study subject matters of interest, acquire skills for a career, and experience personal growth. As of late, however, college campus sexual assault has attracted attention in the media. Campus Sexual Assault in the Media A PBS Newshour article cites Justice Department figures that say four out of five campus sexual assault victims do not

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U.S. Attorney General Reviving Efforts to Pursue Bankers over 2008 Financial Crisis

2008 Financial Crisis – Action against Execs The 2008 financial crisis goes down in history as a ubiquitous event that crushed the national and world economy. In August 2014, Bank of America paid a record $16.65 billion fine to settle government allegations that it had knowledge of selling pestilent mortgages to investors. JPMorgan Chase & Co agreed to a $13 billion settlement in November 2013 and Citigroup Inc. signed a

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