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Justices wrestle with procedural issues stemming from their own federal criminal law decision

SCOTUSBlog

922(g) , the federal statute making it a crime for a convicted felon to possess a firearm, applies only to people who know they are “felons” within the meaning of that law. ” Is the government arguing that the appeals court can consider such a statement regardless of its admissibility? Roberts asked.

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Does the federal law that prohibits encouraging or inducing unlawful immigration violate the First Amendment?

SCOTUSBlog

The federal government came to the Supreme Court, which in December agreed to weigh in. Defending the constitutionality of the law, the government’s central contention is that the statutory terms “encourages” and “induces” should be interpreted narrowly as meaning to “facilitate” or “solicit,”concepts with defined meanings in criminal law.

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Indigenous group asks ICC to investigate Brazil president for crimes against humanity

JURIST

APIB claims that Bolsonaro’s government has systematically dismantled social protection for indigenous communities and environmental protection for their territories, amounting to genocide and ecocide. It is the first time in history that indigenous peoples will stand before the ICC supported by indigenous lawyers.

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Botched robbery leads to latest test of what constitutes “crime of violence”

SCOTUSBlog

Six years later, the federal government prosecuted Taylor. The case involves the interaction of two federal criminal statutes. The first is the Hobbs Act , a 1946 law that makes it a federal crime to commit robbery (or attempt to do so) in a way that affects interstate commerce. The second statute is 18 U.S.C. §

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Subjective intent of wrongdoing required to convict doctors under Controlled Substances Act

SCOTUSBlog

Even in the midst of a historic opioid crisis, and an intensely fractured Supreme Court term, the justices found common ground in longstanding presumptions of criminal law and the core principle of physician discretion. Breyer’s majority opinion reaches essentially the same result, but puts a much higher burden on the government.

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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Even Justice Clarence Thomas led off the questioning by noting that Arizona’s position that the statute governs would render Martinez “pretty worthless.”. Finally, one procedural quirk is worth mentioning in a case all about whether death row defendants are “at fault” for the failures of their constitutionally ineffective lawyers.

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SCOTUS Narrows Reach of Identity Fraud Statute

Constitutional Law Reporter

Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal. In Durbin v. United States , 599 U.S. _ (2023), the U.S.

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