Tag:prosecution
Justice for Murder Victims Act: Abolishing the ‘Year and a Day Rule’ and the Effects on Federal Homicide Prosecutions
Picture this: A friends loved one is violently attacked one day. Doctors inform the family that there is a high likelihood they will die without a life support technique. The patient is put on life support and for months, despite no progress, friends and family remain hopeful. Around the one-year anniversary of the attack, the family learns of the “year-and-a-day” rule. The “ ” rule is a rule providing that a defendant cannot be convicted of homicide if their victim dies more than a year and a day after the act occurred. With this in mind, what decision should the family make? Do they abandon the hope they keep or forgo an opportunity to hold the perpetrator liable? This is an impossible decision to make and an unfair one to force upon grieving families. The “year-and-a-day” rule has been frequently criticized as due to the advancements in modern medicine that allow victims to live for an extended period of time after the actions against them. Several but it has not been eradicated at a federal level. Putting an end to the “year-and-a-day” rule would have wide-reaching effects on federal prosecution of violent offenders.
DOJ Renews Efforts to Prosecute White-Collar Crime
In October of 2021, the Department of Justice (“DOJ”) announced it would ramp up its enforcement against corporate repeat offenders of white-collar crimes and prioritize action against individual actors to promote accountability. The new measures implemented permit the DOJ to consider all prior wrongdoing by a corporation when deciding how to resolve a new investigation. Leniency programs of the past will not be extended to wrongdoers unless all believed participants, whether employees or executives, are disclosed. There has also been a shift from financial penalties to probationary settlements, which require companies not only to admit fault and pay fines but also to improve their monitoring of employees to deter crime. This may require outside monitoring to verify compliance, which can be burdensome and expensive.
Patient Privacy in the Post Roe Era
On June 24, 2022, the Supreme Court finally handed down its long-awaited opinion in Dobbs v. Jackson Women’s Health Organization. In this decision, the Court set aside nearly 50 years of precedent and unequivocally overruled Roe v. Wade, declaring that there is no Constitutional right to abortion. This decision will unsurprisingly change laws and significantly impact millions of people across the country. Although pro-choice activists have been bracing for this outcome and mobilizing to maintain access to abortions, they have to contend with a consideration that did not exist to the same magnitude the last time that abortion was illegal in the US: anti-abortion laws’ impact on data privacy.
As Hollywood is Flooded with Sexual Misconduct Allegations, Special Task Force of Prosecutors Could Save the Day
In the midst of countless sexual misconduct allegations against some of Hollywood’s most powerful people, on November 9, 2017, Los Angeles District Attorney, Jackie Lacey, issued a statement outlining a plan of action. A special task force of veteran sex crimes prosecutors has been assembled to ensure a “uniformed approach to the legal review and possible prosecution of any case that meets both the legal and factual standards for criminal prosecution.” The Beverly Hills and Los Angeles Police Departments are conducting investigations of the accused as a rapidly increasing volume of sexual misconduct allegations are reported. Law enforcement and the special task force prosecutors are faced with legal and factual difficulties before any sexual misconduct allegations are sufficient for criminal prosecution. The legal elements of the alleged crime, the specific facts of each allegation, the existence of physical evidence, and the remedies available to the victims, are among the many convoluted factors that will dictate the ongoing investigations and prosecution of the allegations that are flooding Hollywood.