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Category: Criminal Defense

Schools rethink zero tolerance policies for juvenile offenses

Written by Moses & Rooth on February 9, 2014

Over the past several years, many schools and school districts have developed so-called zero tolerance policies for a variety of offenses that kids and teens may commit. Some zero tolerance policies are understandable and arguably justified. For example, we live in an era in which children do not necessarily have…Read More

Rate of arrest among young men in the U.S. is astonishing

Written by Moses & Rooth on February 7, 2014

A study on the rates of arrest among young, American males was recently published in the journal Crime & Delinquency. Though our readers may find the results of the study to be truly shocking, a criminology professor at the University of South Carolina and one of the study’s co-authors recently…Read More

Please avoid saying these things to a criminal judge

Written by Moses & Rooth on January 23, 2014

A courtroom is one of those unique places where the customs of the outside world do not always apply. In a courtroom, electronic devices should not be consulted except in cases of emergency and a proper dress code is strongly implied. In addition, you also must only speak when spoken…Read More

Harsh sentences plague integrity of the criminal justice system

Written by Moses & Rooth on January 18, 2014

Imagine that you have prior drug convictions but have led a law-abiding life since that time. Then, either because you were wrongfully accused or because you did slip up again, prosecutors come down on your latest alleged infraction harshly. They offer you an incarceration term of 10 years if you…Read More

Hey Mugshots, Pay-Up

Written by Moses & Rooth on January 8, 2014

This last October we wrote an article about Google changing their algorithm to punish mugshot websites that were publishing people’s photographs.  The article indicated that Google finally realized that these websites were not informative pages disclosing new information, but were simply capitalizing on our society’s voyeuristic…Read More

Your cellphone and law enforcement efforts: Part II

Written by Moses & Rooth on December 13, 2013

Earlier this week, we began a discussion about the ways in which law enforcement agencies are engaging in large-scale cellphone data captures of individuals who may or may not be involved in criminal investigations. It is almost impossible to fathom that this conduct is in any way condoned by existing…Read More

Forms of mortgage fraud evolve with economy

Written by Moses & Rooth on December 12, 2013

Among clichés about the crime of fraud, the one about selling swamp land in Florida is one of the most enduring examples. It refers, on its face, to a type of real-estate scam in which someone is offered a supposedly can’t-miss investment opportunity.

Real-life mortgage fraud is often quite different than…Read More

Your cellphone and law enforcement efforts: Part I

Written by Moses & Rooth on December 11, 2013

Over the past several months, a great deal of public outrage has been voiced over the fact that the federal government regularly spies on the electronic communications of both Americans and foreign citizens. The privacy implications of this story are so vast that they can be difficult to fully contemplate….Read More

Self-incrimination defense may block forced decryption

Written by Moses & Rooth on November 22, 2013

The Fifth Amendment to the U.S. Constitution helps to protect Americans against self-incrimination. For example, when a criminal proceeding is initiated, accused persons may invoke their Fifth Amendment rights by refusing to testify at trial if they are concerned that their testimony may in any way help lead to their…Read More

Millions of former felons prohibited from voting

Written by Moses & Rooth on November 18, 2013

As soon as the holiday season is over, politicians all over the nation will begin campaigning in earnest for both local elections to be held in 2014 and congressional mid-term elections. Americans may not always exercise their right to vote, but it is a right that many have fought and…Read More