Retroactively Outlawing the Twinkie Defense

The “Twinkie defense” refers to a diminished capacity defense, in which a criminal defendant argues that he did not have the requisite state of mind at the time of his crime to be held accountable because of some mental defect or abnormality.  This defense was made famous in 1979, when an official in San Francisco entered the city hall and murdered both the mayor and another city official.[1]  In that case, the defendant claimed a mental defect that caused a depression to form and manifest in an inability to resist eating junk food.[2] 

District Attorney Seeking Racial Justice in Texas

Months after North Carolina Judge Gregory Weeks commuted three more sentences under North Carolina’s Racial Justice Act; there is a buzz in Dallas, Texas for advocating for similar legislation.  Craig Watkins, District Attorney for Dallas County, has voiced his intentions of meeting with the state legislature to discuss the possibility of passing a Racial Justice Act for Texas that would allow defendants to appeal convictions or sentences where race is believed to be a factor.  Watkins addressed the Associated Press, “Throughout history, race has unfortunately played a part, an ugly part, in our criminal justice system.  This is an opportunity for us to address not only the past, and those individuals who are still being affected by the disparities in treatment, but also in looking forward to make sure that we don’t have those same disparities in our criminal justice system.”[1]

United States v. Alleyne: Revisiting the Jury’s Role in Sentencing

On January 14, 2013, the Supreme Court heard oral arguments in one such case:  United States v. Alleyne,[1] a case about the role of juries in modern day sentencing.  At issue in this case specifically is whether the prosecution must prove beyond a reasonable doubt any fact that may be used to increase a defendant’s sentence beyond a mandatory minimum.  In criminal cases, even the most seemingly insignificant issues are big issues.  These cases can determine whether someone goes to jail, and for how long.  As such, criminal issues are frequently appealed up to the Supreme Court.

Leon County Proposes Adult Civil Citations for Minor Nonviolent Crimes

Minor non-violent offenses include but are not limited to:  simple possession of alcohol, gambling, public intoxication, disorderly conduct, petty theft and trespassing.  Any of these indiscretions has the potential of landing someone in jail.  In Florida where an estimated $2.4 billion in the fiscal year of 2010-2011 in prisons,  “non-violent offenders account for as much as seven out of 10 prison admissions.”[1] Florida’s prison population has more than doubled since 1990.   

Judge Sentences Teen to Church: Creative Sentencing or First Amendment Violation?

Oklahoma district judge Mike Norman sentenced 17 year old Tyler Alred to ten years of church for DUI manslaughter.  The teen had alcohol in his system when he hit a tree and his 16 year old passenger was killed.  Alred was not opposed to the sentence, in fact, he already attends church regularly and agreed to the church attendance mandate.  The victim’s family also agreed to the mandate.  However, the American Civil Liberties Union (ACLU) is strongly opposed to the sentence believing that the sentence violates the Establishment Clause and the Free Exercise of the First Amendment.

Conduct Unbecoming Of An Officer And A Gentlemen

 

Just days after President Obama was re-elected, the President accepted CIA Director and retired Four-Star General David Petraeus’s resignation.  An FBI investigation had uncovered that Petraeus was having an extramarital affair with his biographer and Army reserve officer Paula Broadwell.  This extramarital affair has not only been an embarrassment to the intelligence community (Broadwell was found with classified documents and General John Allen has also been dragged into the issue), but is a criminal offense for both participants.

Criminal jurisdiction over the U.S. service members who sexually assaulted an Okinawan woman in Japan

On November 2, 2012, a U.S. Air Force member stationed at Kadena Air Base in Okinawa, Japan, broke into a family residence and assaulted a teenage boy.  This occurred less than three weeks after the alleged rape of an Okinawa woman by two U.S. sailors.  After the alleged rape by the U.S. sailors on October 16, 2012, the U.S. Armed Forces imposed an 11 PM to 5 AM curfew on all U.S. service members stationed in Japan.  The November 2 incident, however, proved that the curfew was not an effective means to prevent crimes committed by U.S. service members stationed at military bases in Japan.

Counterfeit Drugs: What’s in Your Medication?

Real or fake? Most consumers wouldn’t know the difference just by looking at the pills.  From September 25, 2012 to October 2, 2012, the Food and Drug Administration (FDA) ordered the shutdown of over 4,000 websites selling counterfeit drugs to unsuspecting consumers in the United States.  The operation was a part of an internationally coordinated effort designed to stem the sale of counterfeit medication worldwide.  The Department of Health and Human Services estimates that about forty percent of Americans take at least one prescription medication.  It is no secret that many Americans cannot afford their prescription medications. Being cost conscious, some American consumers look to obtain medications from sources abroad that offer lower prices than what are available domestically.  However, this seemingly economical decision does not come without great risk.