Human law is subject to the flaws of human reason, and practitioners of law, no matter how experienced, make mistakes. When a hasty trial or a questionable verdict is passed, it is sometimes possible for a defendant to appeal for clemency in the form of a reprieve. Particularly popularized for postponing the dates of death [...]
For a country with such an intricate system of checks and balances designed to neutralize undue power, the existence of an executive pardon power may seem odd; it may even seem archaic. But things aren’t always what they seem, and there’s more to this fascinating form of clemency than first meets the eye. Curious about [...]
Living with a criminal record in New Jersey can feel overwhelming and devastating; a blemished record can turn even the simplest procedures into drawn out difficulties. Job applications, housing opportunities and even educational advancement can be hampered by an unclean record. But errors of the past don’t have to be life sentences, and exploring expungement [...]
In the past, seeing someone meant you had to physically be in their presence. Robbing a bank required actually going to a bank. Tracing someone's travel patterns involved literally following them. But not anymore. As technology continues to advance, it often takes several years for the law to catch up. The landmark case of Riley [...]
In order for the police to search your home, they need a search warrant from a judge. If the police search your home without one, then they have broken the law and anything they find will not be admissible evidence in court. But what about your car? Can they search your car without a warrant? [...]
So far in our series on landmark criminal cases in U.S. history, we've covered Miranda vs. Arizona and Gideon vs. Wainright. Each of these are related to your rights under the Fourth Amendment. But for our third installment, we're reviewing Kennedy vs. Louisiana (2008). This was a vital Eighth Amendment case that specifically dealt with [...]
If you can't afford a defense attorney, do you have the right to get legal counsel for free? Where does this right come from? In our second installment for our series on landmark cases, we're taking a look at Gideon v. Wainright (1963). Just like last week's post, this case also involves the rights of [...]
This week here at Catanzaro Law, we are starting yet another new series of articles. This time we're going to review landmark criminal trials in United States history. As you may know, the concept of legal precedent remains hugely influential in court decisions to this day. So, it's vital to know some legal history in [...]
Continuing our series on legal immunity, we're looking at federal and state immunity today. You can check out our posts on qualified immunity, absolute immunity, and sovereign immunity at those links. As you know, along with power distributed between the Executive, Legislative, and Judicial branches in the U.S., it is also distributed between federal, state, [...]
What is sovereign immunity? Recently, we discussed both absolute immunity and qualified immunity. Each of these are specific forms of "sovereign immunity." In today's blog, we'll flesh out what this legal doctrine means, and its relevant to you. First, according to the Legal Information Institute, sovereign immunity means that "the government cannot be sued without [...]