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The Posse Comitatus Act and Related Matters: A Sketch
This report examines instances, as approved by Congress, where circumstances warrant a departure from the general rule of the Posse Comitatus Act, wherein the military is typically prevented from direct involvement in civilian affairs.
Robbery, Extortion, and Bribery in One Place: A Legal Overview of the Hobbs Act
This is a brief overview of the Hobbs Act and relevant court interpretations of its provisions.
House Passes Bill to Amend the Federal "Crime of Violence" Definition
This report discusses the Community Safety and Security Act of 2018 (CSSA), which was recently passed in the House and which would amend the federal "crime of violence" (COV) definition.
Do Courts Have Inherent Authority to Release Secret Grand Jury Materials?
This report discusses the issue of releasing secret grand jury material. Although a long-established principle that has been deemed essential to the grand jury's functioning and independence is that matters occurring before it are to be kept secret, the Federal Rule of Criminal Procedure 6(e) establishes exceptions.
Judicial Fact-Finding and Criminal Sentencing: Current Practice and Potential Change
This report provides an overview of criminal sentencing law by briefly describing the use of relevant conduct under the Guidelines and tracing the Supreme Court case law that has informed the practice, before addressing judicial commentary and recently proposed legislation regarding the use of acquitted or uncharged conduct at sentencing.
Mexico: Evolution of the Mérida Initiative, 2007-2019
This report begins with a brief discussion of security challenges in Mexico and Mexico's security strategy. It then provides information on congressional funding and oversight of the Mérida Initiative, with details about each of the program's four pillars. The report concludes by raising policy issues that Congress may wish to consider.
When Can You Be Convicted of a Crime That Is Not a Crime?
This report discusses the case United States v. Melgar-Cabrera. A panel of the United States Court of Appeals for the Tenth Circuit (Tenth Circuit) recently upheld the murder conviction of the defendant who the court conceded had been "convicted of a crime that is not a crime."
Murderous Schemes are not Violent Crimes?
This report discusses the U.S. Court of Appeals for the Fourth Circuit's decision in the case of "U.S. v. McCollum" which stated that conspiracy to murder was not a violent crime for federal sentencing purposes and discusses the background of the case and the prior case law which led to the decision.
Federal Support for Drug Courts: In Brief
This report explains the concept of a "drug court,", how the term and programs have expanded to include wider meanings and serve additional subgroups, how the federal government supports drug courts, and research on the impact of drug courts on offenders and court systems. In addition, it briefly discusses how drug courts might provide an avenue for addressing the opioid epidemic and other emerging drug issues that Congress may consider.
Criminal Prohibitions on Disclosing the Identities of Covert Intelligence Assets
This report discusses criminal charges related to disclosing the identities of undercover intelligence agents and covert assets.
Amateur Strip-Club Arrests: Probable Cause and Qualified Immunity
This report discusses the Supreme Court case "District of Columbia v. Wesby" which addressed the question of what constituted probable cause for arrest and police officers qualified immunity from personal lawsuits against them for actions during the course of their duties.
Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement
This report provides an overview of recent trends in the enforcement of the Bank Secrecy Act (BSA), the principal U.S. anti-money laundering law regulating financial institutions. The report begins by providing general background information on BSA penalties and enforcement. The report concludes by discussing three recent trends that commentators have observed in BSA enforcement: (1) an increase in the frequency with which BSA enforcement actions involve an assessment of money penalties, and an increase in the size of those penalties, (2) an increased emphasis by regulators on the acceptance of responsibility by institutions entering into settlement agreements for BSA violations, and (3) an increased risk of individual liability for BSA violations.
Mandatory Minimum Sentencing of Federal Drug Offenses
This report is an overview of the Controlled Substances Act (or the Controlled Substances Import and Export Act) and federal minimum sentencing requirements for drug offenses.
Missing Adults: Background, Federal Programs, and Issues for Congress
This report discusses federal efforts to assist local law enforcement in adult missing persons cases. It discusses demographics and record keeping of missing adults and unidentified remains; federally-funded databases that are used to track data on missing adults and unidentified individuals; federal programs and initiatives to assist in locating missing adults, including funding data; and issues regarding the federal role in missing adult cases.
Fibbing to Get a Lawyer: Circuits Split on Punishment
This report discusses differing views held by U.S. appellate courts regarding whether lying about one's assets to pre-trial service personnel in order to get a court-appointed lawyer can be used as a justification to increase the sentence of the offender.
Statute of Limitation in Federal Criminal Cases: An Overview
This report describes the rules governing statutes of limitation for federal crimes and provides a list of federal statutes of limitation in criminal cases with a rough chart of comparable state provisions.
Why is Violence Rebounding in Mexico?
This report discusses violence in Mexico fueled by organized crime cartels and the rising homicide rate which for 2017 based on preliminary reports will be above 18 per 100,000 persons. The rate in 2016 was 16.2 per 100,000. Various possible causes of the increase in violence discussed are the fragmentation of the Sinaloa Cartel, the increase in heroin trafficking and sales in the U.S., and the removal of major cartel bosses by the Mexican military leading to a power struggle in the organizations.
Fiscal Year 2018 Appropriations for the Department of Justice
This report discusses proposed appropriations for the Department of Justice (DOJ) for the 2018 fiscal year divided into each department of the DOJ. The Consolidated Appropriations Act, 2017 (P.L. 115-31) appropriated $28.962 billion for DOJ while President Trump's proposed 2018 budget requests $28.205 billion for DOJ which amounts to 2.6% less than the FY2017-enacted appropriation.
The State Department's "Trafficking in Persons" Report: Scope, Aid Restrictions, and Methodology
This report describes the legislative provisions that govern the U.S. Department of State's production of the annual TIP Report, reviews country ranking trends in the TIP Report, and identifies recent congressional oversight of and legislative activity to modify the TIP Report. Answers to selected frequently asked questions (FAQs) are included throughout the report.
Charlottesville Car Crash Attack: Possibility of Federal Criminal Prosecution
This report discusses the announcement that the Charlottesville, Virginia car crash attack is being investigated as a federal civil rights case. It also outlines the sections of the federal law under which the attack could be classified.
Sifting Domestic Terrorism from Hate Crime ad Homegrown Violent Extremism
This report defines the terms domestic terrorism, hate crimes, and homegrown violent extremism as used by the FBI and the Department of Homeland Security and how they can intersect.
When is Running Guns from the Philippines to Mexico a Federal Crime?
This report discusses the case "United States v. Ubaldo" which concerns whether a gun smuggler who smuggled guns from a foreign country through the United States and then into another foreign country can be charged with a federal crime. The Ninth Circuit Court of Appeals upheld the conviction for conspiracy and causing the importation of weapons in violation of the Arms Export Control Act and ban on importing military firearms.
Update: What Constitutes "Sexual Abuse of a Minor" For Immigration Purposes
This report provides an update of an earlier report from April 6, 2017, providing the final decision by the Supreme Court in the case of "Esquivel-Quintana v. Sessions". The case concerned the question of whether an immigrant alien who was convicted of sexual abuse of a minor where the minor was under 18 but at least 16 (in this case statutory rape in California between a 21 year old male and a 17 year female) was removable for an aggravated felony under immigration law. The Supreme Court ruled that the immigration law required the victim be under 16 before the removal of an alien for an aggravated felony would be allowable.
Special Counsels, Independent Counsels, and Special Prosecutors: Options for Independent Executive Investigations
This report analyzes the use of special prosecutors and independent counsels that were authorized under now-expired provisions of the Ethics in Government Act of 1978, as well as the use of special counsels that are currently authorized by Department of Justice (DOJ) regulations. It also addresses constitutional considerations in establishing independent inquiries to address perceived conflicts of interest between investigating officials and the officials being investigated.
Fiscal Year 2017 Appropriations for the Department of Justice
This report provides a an overview of the 2017 fiscal year appropriations for the Department of Justice (DOJ) divided by department. The Consolidated Appropriations Act, 2017 (P.L. 115-31) appropriates $28.962 billion for DOJ, an amount that is 0.4% less than the FY2016 appropriation and 2.9% less than what the Obama Administration requested.
Fiscal Year 2017 Appropriations for the Department of Justice Grant Programs
This report outlines the 2017 fiscal year appropriations for the five Department of Justice (DOJ) grant programs which assist communities with various criminal justice related issues. Congress provided a total of $2.320 billion for DOJ's five grant accounts, an amount that is 6.7% less than the FY2016 appropriation and 1.8% less than the Administration's request. Funding for three of the five grant accounts decreased for FY2017, the exceptions being Violence Against Women Programs (+$2 million) and the Community Oriented Policing Services (+$10 million). However, the increase in funding for the Community Oriented Policing Services account is largely attributable to Congress moving funding for the Regional Information Sharing System from the Research, Evaluation, and Statistics account to the Community Oriented Policing Services account.
Six Justice Court to Decide Liability of Officials for Post 9/11 Detention
This report discusses a Supreme Court case regarding whether men detained after 9/11 by federal authorities can sue the individual officials involved in their arrest and detainment that was due to be heard by a six justice court due to the death of Justice Scalia and the recusements of two other justices.
Gun Control: FY2017 Appropriations for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Other Initiatives
This report provides coverage of congressional action on President Barack Obama's FY2017 budget request for his gun safety initiative. This coverage includes analysis of the ATF Congressional Budget Submission, including discussion of selected data trends that could affect ATF workloads during FY2017.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) passed by the House of Representative to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) passed by the House of Representative to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
Qualified Immunity for a Police Shooting
This report discusses the rule of qualified immunity for police officers, which prevents officers from being sued for actions taken in the course of their job unless there was a clear decision by the officer to break the law or incompetence. It specifically discusses the case of "White v. Pauly" heard by the Supreme Court, which upheld qualified immunity for Officer White after he was accused of violating a suspect's fourth amendment rights by use of excessive force to seize the suspect who had been fatally shot during the incident.
Gun Control, Mental Incompetency, and Social Security Administration Final Rule
This report discusses the Congressional Review Act disapproval resolution (H.J.Res. 40) intended to overturn a final rule promulgated by the Social Security Administration (SSA) regarding implementation of firearms restrictions for certain persons.
U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond
This report begins with a brief discussion of security challenges in Mexico and Mexico's security strategy. It then provides information on congressional funding and oversight of the Mérida Initiative, with details about each of the program's four pillars. The report concludes by raising policy issues that Congress may wish to consider.
SORNA: A Legal Analysis of 18 U.S.C. §2250 (Failure to Register as a Sex Offender
This report describes the Sex Offender Registration and Notification Act (SORNA) including various elements of the legislation and Constitutional considerations, with requirements and repercussions of an individual's failure to comply with SORNA.
"Nosal" Parts 1 & 2: Password Sharing May Be a Federal Crime & Circuit Split on Restitution for Attorney's Fees
This report discusses the case of "Nosal v. United States" and charges against Nosal for fraud, stealing trade secrets, and access without authorization charges under the Computer Fraud and Abuse Act (CFAA). The charges under the CFAA are discussed in-depth along with implications for consensual password sharing being covered under the act. Restitution of attorneys fees in the case by Nosal are also discussed.
Terrorist Material Support: An Overview of 18 U.S.C. §2339A and §2339B
This report discusses the two federal material support statutes that have been at the heart of the Justice Department's terrorist prosecution efforts. One provision outlaws providing material support for the commission of certain designated offenses that might be committed by terrorists (18 U.S.C. 2339A); the other outlaws providing material support to certain designated terrorist organizations (18 U.S.C. 2339B). They share a common definition of the term "material support," some aspects of which have recently come under constitutional attack.
Extraterritorial Application of American Criminal Law
This report discusses the application of American criminal law outside the United States.
Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure
This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Interior Immigration Enforcement: Criminal Alien Programs
This report describes four programs operated by the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) to identify and remove criminal and other removable aliens.
DOJ Brings Forfeiture Action to Seize and Return $1 Billion Embezzled Malaysian Government Assets
This report discuses the Department of Justice's (DOJ's) civil forfeiture action against $1 billion worth of assets bought with money embezzled from the government of Malaysia by high-level officials in Malaysia from 2009 to 2015.
Trafficking in Persons and U.S. Foreign Policy Responses in the 114th Congress
This report provides an overview of recent global trends and U.S. foreign policy responses to address human trafficking. The report focuses in particular on efforts conducted by the State Department's Office to Monitor and Combat Trafficking in Persons (J/TIP) and the President's Interagency Task Force (PITF) on human trafficking, as well as discussion of the 2016 TIP Report.
Federal Assistance for Victims of Terrorism or Mass Violence: In Brief
This report focuses solely on assistance available from Department of Justice's (DOJ's) Office for Victims of Crime (OVC)--the primary federal assistance available to victims of terrorism or mass violence. Jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs following incidents of terrorism or mass violence in the United States.
Human Trafficking and Forced Labor: Trends in Import Restrictions
This report discusses issues regarding a provision against forced labor in the Tariff Act of 1930 (19 U.S.C. 1307), which prohibited from import into the United States "all goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions" (Section 307 of the Act).
An Apparent First in U.S. Law Enforcement Use of Unmanned Ground Vehicles
This report discusses the use of a robot to kill an active shooter in Dallas, Texas on July 7, 2016, which has raised questions about what this might mean for how police use force in the future.
Police Shootings and Federal Support for Law Enforcement Safety
This report discusses federal support for law enforcement safety in light of the recent shooting deaths of police officers in Dallas, Texas, and Baton Rouge, Louisiana.
Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure
This report provides a brief overview of the proposed amendment to Rule 41. First, it provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Digital Searches and Seizures: Overview of Proposed Amendments to Rule 41 of the Rules of Criminal Procedure
This report provides a brief overview of the proposed amendment to Rule 41, which would amend the federal search and seizure rules to permit the government to remotely access electronic devices although the location of the device may be unknown. First, the report provides a background on the origin of, and rationale underlying, the proposed amendment and a description of the rule as currently written. Second, it reviews the potential changes made by the proposed amendment and will survey various concerns commenters have raised with the proposal. Lastly, this report addresses efforts being made in Congress to alter, delay, or stop this rule change.
Trade-Based Money Laundering: Overview and Policy Issues
This report discusses the scope of the trade-based money laundering (TBML) problem and analyzes selected U.S. government policy responses to address TBML. It includes a listing of hearings in the 114th Congress that addressed TBML.
What's RICO?
This legal sidebar briefly discusses the Racketeer Influenced and Corrupt Organization (RICO) portion of Title 18 of the United States Code. In spite of its name and origin, RICO is not limited to "mobsters" or members of "organized crime" as those terms are popularly understood. Rather, it covers those activities which Congress felt characterized the conduct of organized crime, no matter who actually engages in them.
When Are Violent Crimes Federal Hate Crimes?
This legal sidebar briefly explains federal law in regards to hate crimes.
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