Sentences with phrase «most federal criminal cases»

Most federal criminal cases never make it to trial.

Not exact matches

«Most prosecutors would say if your victim does not want to cooperate you have a nightmarish case,» noted Paul Shechtman, a former federal prosecutor and state director of criminal justice for former Gov. George Pataki.

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In Muscarello v. United States, in the course of analyzing the meaning of «carries a firearm» in a federal criminal statute, Justice Ginsburg wrote that «[s] urely a most familiar meaning is, as the Constitution's Second Amendment... indicate [s]: «wear, bear, or carry... upon the person or in the clothing or in a pocket, for the purpose... of being armed and ready for offensive or defensive action in a case of conflict with another person.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

Sentencing range enhancements based on facts alleged in charges of which a defendant has been acquitted («acquitted conduct») have long been among the most controversial features of the Federal Sentencing Guidelines, in part because acquitted conduct enhancements effectively nullify the jury's determination in a criminal case.

For one thing, they point to a failure by the federal government to quickly appoint more judges to the Superior Court of Justice, which rules on lawsuits and also handles the most serious criminal cases, such as murder.