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Domestic Human Trafficking Legislation in the 113th Congress
This report discusses domestic human-trafficking-related issues that have received legislative action or are of significant congressional interest in the 113th Congress.
DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues
This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field. It also reviews select issues Congress might consider should it legislate or conduct oversight in this area.
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.
Alien Smuggling: Recent Legislative Developments
This report discusses issues surrounding aliens within the United States including an overview of currently-proscribed activities, exemptions, sentencing provisions, and proposed legislative changes.
Money Laundering: An Abridged Overview of 18 U.S.C. 1956 and Related Federal Criminal Law
This is an overview of the elements of federal criminal money laundering statutes and the sanctions imposed for their violation.
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 107th Congress
This report examines legislation in the 107th Congress pertaining to federal mandatory minimum sentencing statutes (mandatory minimums), which demand that execution or incarceration follow criminal conviction. They cover drug dealing and using a gun to commit a federal crime, among other crimes.
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.
Sexual Violence at Institutions of Higher Education
This report provides background information on sexual violence on campus and its prevalence, descriptions of the Clery Act and Title IX, and an analysis of prominent policy and legal issues related to these two statutes. It also includes a brief description of a related third statute focused on educational privacy.
The Sentencing Reform Act of 2015 (H.R. 3713): A Summary
This report examines H.R. 3713, the Sentencing Reform Act of 2015, which addresses the sentences that may be imposed in various drug and firearms cases. It proposes amendments to those areas of federal law that govern mandatory minimum sentencing requirements for drug and firearm offenses; the so-called safety valves which permits court to impose sentences below otherwise required mandatory minimums in the case of certain low-level drug offenders; and the retroactive application of the Fair Sentencing Act.
Sifting Domestic Terrorism from Hate Crime and Homegrown Violent Extremism
This report examines the differences between domestic terrorism, hate crime, and homegrown violent extremism. Federal law enforcement agencies use these three distinct concepts to categorize key types of criminals whose illegal activities are at least partly ideologically motivated.
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.
Gun Control Legislation in the 113th Congress
This report looks at past gun control legislation and also how recent events (such as the shootings in Newtown, Connecticut; Aurora, Colorado; and Tucson, Arizona) have influenced current congressional discourse and legislation. The report also specifically examines certain contentious, gun related topics including universal background checks, gun trafficking, and military style firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2008, FY2009, and FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations for FY2008, FY2009, and FY2010. It chronicles congressional action on the annual Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills for those fiscal years, as well as action on supplemental and stimulus appropriations bills.
Terrorist Attacks in Europe and Mounting Security Concerns
This report briefly discusses the European policy response to recent terrorist attacks.
Federal Efforts to Address the Threat of Bioterrorism: Selected Issues for Congress
This report focuses on four areas critical to the success of the biodefense enterprise that the 111th Congress is likely to consider: strategic planning; risk assessment; surveillance; and the development, procurement, and distribution of medical countermeasures.
Gun Industry Liability: Lawsuits and Legislation
This report discusses gun industry liability issues after the Maryland Court of Appeals announced that it was changing the common law "to hold the manufacturers and marketers of Saturday Night Special handguns strictly liable to innocent persons who suffer gunshot injuries from the criminal use of their products." Kelley v. R.G. Industries, Inc., 497 A.2d 1143, 1159 (Md. 1985).
Gangs in Central America
This report describes the gang problem in Central America, discusses country and regional approaches to deal with the gangs, and analyzes U.S. policy with respect to gangs in Central America.
Family Violence Prevention and Services Act: Programs and Funding
This report describes programs authorized under the Family Violence Prevention and Services Act (FVPSA) and related initiatives, and provides authorization and appropriation levels. The FVPSA was originally enacted in 1984, as Title III of the Child Abuse Prevention and Treatment Act, to assist states in preventing incidents of family violence and to provide shelter and related assistance to victims of family violence and their dependents, with the expectation of preventing future acts of violence in families.
Domestic Human Trafficking Legislation in the 114th Congress
This report discusses domestic human trafficking-related issues that have received legislative action or are of significant interest in the 114th Congress.
Terrorist Attacks on Commercial Airlines: Federal Criminal Prohibitions
This report is a brief description of offenses with which terrorists may be charged, an outline of the penalties to which they may be subject, and of the jurisdictional circumstances under which offenses they may be federally prosecuted regardless of whether they are committed within the United States or overseas.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. It will be updated as needed to reflect congressional action on the FY2010 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bill, the appropriations bill that includes the ATF account.
Gun Control Legislation
Although several dozen gun control-related proposals were introduced in recent Congresses, only a handful of those bills have received significant legislative action. This report provides an overview of firearms-related statistics and federal law. It also provides an overview on legislative action in the 109th and 110th Congresses, as well as other issues that have generated significant congressional interest in the recent past.
Attribution in Cyberspace: Challenges for U.S. Law Enforcement
This report discusses criminal attribution in the cyber security realm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF): Budget and Operations for FY2010
This report provides an overview of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) budget and operations. This report chronicles congressional action on the FY2011 Commerce, Justice, Science (CJS), and Related Agencies Appropriations bills, as well as any FY2010 supplemental appropriations bills, that provide funding for ATF.
DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues
This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field. It also reviews select issues Congress might consider should it legislate or conduct oversight in this area.
The Military Commissions Act of 2009 (MCA 2009): Overview and Legal Issues
This report provides a background and analysis comparing military commissions as envisioned under the revised Military Commissions Act (MCA) to those established by the MCA 2006. After reviewing the history of the implementation of military commissions in the armed conflict against Al Qaeda and associated forces, the report provides an overview of the procedural safeguards provided in the MCA. Finally, the report provides two charts comparing the MCA as amended by the MCA 2009 to the original MCA enacted in 2006 and to general courts-martial.
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
This report provides background information on the The Edward Byrne Memorial Justice Assistance Grant (JAG) program. It begins with a discussion of the programs that were combined to form the JAG program: the Byrne Formula Grant and LLEBG programs. The report then provides an overview of the JAG program. This is followed by a review of appropriations for JAG and its predecessor programs going back to FY1998. The report concludes with a discussion of some of the issues Congress might consider as it debates the future of the JAG program.
Public Mass Shootings in the United States: Selected Implications for Federal Public Health and Safety Policy
This report focuses on mass shootings and selected implications they have for federal policy in the areas of public health and safety. While such crimes most directly impact particular citizens in very specific communities, addressing these violent episodes involves officials at all levels of government and professionals from numerous disciplines.
Gun Control Proposals in the 113th Congress: Universal Background Checks, Gun Trafficking, and Military Style Firearms
This report provides an overview of federal firearms law and examines these gun control proposals and related amendments.
DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues
This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field.
Supporting Criminal Justice System Reform in Mexico: The U.S. Role
This report provides an overview of Mexico's historic 2008 judicial reforms and an assessment of how those reforms have been implemented thus far. It then analyzes U.S. support for judicial reform efforts in Mexico and raises issues for Congress to consider as it oversees current U.S. justice sector programs and considers future support to Mexico.
Public Mass Shootings in the United States: Selected Implications for Federal Public Health and Safety Policy
This report focuses on mass shootings and selected implications they have for federal policy in the areas of public health and safety. While such crimes most directly impact particular citizens in very specific communities, addressing these violent episodes involves officials at all levels of government and professionals from numerous disciplines.
Gun Control Legislation in the 113th Congress
This report looks at past gun control legislation and also how recent events (such as the shootings in Newtown, Connecticut, Aurora, Colorado, and Tucson, Arizona) have influenced current congressional discourse and legislation. The report also specifically examines certain contentious, gun related topics including universal background checks, gun trafficking, and military style firearms.
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.
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.
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.
U.S.-Colombia Free Trade Agreement: Labor Issues
This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA; H.R. 5724 and S. 2830): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians.
Federal Mandatory Minimum Sentencing Statutes: An Overview of Legislation in the 106th Congress
This report discusses federal mandatory minimum sentencing statutes, which demand that execution or incarceration follow criminal conviction. They cover drug dealing, murdering federal officials, and using a gun to commit a federal crime. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentence and a certain means of incapacitating the criminally dangerous.
Gangs in Central America
This report describes the gang problem in Central America, discusses country and regional approaches to deal with the gangs, and analyzes U.S. policy with respect to gangs in Central America.
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions.
Standards For Retroactive Application Based Upon Groundbreaking Supreme Court Decisions in Criminal Law
This report discusses the Supreme Court decision to announce the “new rule”, supreme courts decision that addresses an issue of law in a new way or for the first time. In criminal law new rules apply prospectively, but they also apply retroactively sometimes.
The Death Penalty: Capital Punishment Legislation in the 109th Congress
This report discusses legislation regarding the death penalty in the 109th Congress. The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress would have followed the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. Only one of the other proposals, the Adam Walsh Child Protection and Safety Act, passed, although at least one House approved several others. Three proposals do not fit the pattern; they either would have abolished the death penalty as a federal sentencing alternative or would have imposed a moratorium upon executions.
Priliminary Bibliography on the 1976-77 High School Debate Topic on Improving the Criminal Justice System in U.S
This report is a Preliminary Bibliography on the 1976-77 High School Debate Topic on Improving the Criminal Justice System in U.S
North Korea: Terrorism List Removal?
This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
The Crime Victims Fund: Federal Support for Victims of Crime
This report provides background and funding information for Victims of Crime Act (VOCA) programs and the Crime Victims Fund (CVF). It describes the process through which CVF funds are allocated and explains how the CVF impacts the annual budget for DOJ. It then provides an analysis of selected issues that Congress may consider regarding the CVF and the federal budget.
Risk and Needs Assessment in the Criminal Justice System
This report provides information on the use of risk and needs assessment in the criminal justice system. It starts with an overview of risk and needs assessment and a discussion of some of the critiques of it. The report concludes with a discussion of the issues policymakers might consider if they debate legislation to expand the use of risk and needs assessment in the federal prison system.
North Korea: Terrorism List Removal?
This report discusses the issue of North Korea's inclusion on the U.S. list of terrorism-supporting countries, which has been a major issue in U.S.-North Korean diplomacy since 2000, particularly in connection with negotiations over North Korea's nuclear program.
Smart Meter Data: Privacy and Cybersecurity
Fueled by stimulus funding in the American Recovery and Reinvestment Act of 2009 (ARRA), electric utilities have accelerated their deployment of smart meters to millions of homes across the United States with help from the Department of Energy's Smart Grid Investment Grant program. As the meters multiply, so do issues concerning the privacy and security of the data collected by the new technology. Smart meters must record near-real time data on consumer electricity usage and transmit the data to utilities over great distances via communications networks that serve the smart grid. Detailed electricity usage data offers a window into the lives of people inside of a home by revealing what individual appliances they are using, and the transmission of the data potentially subjects this information to interception or theft by unauthorized third parties or hackers. Unforeseen consequences under federal law may result from the installation of smart meters and the communications technologies that accompany them. This report examines federal privacy and cybersecurity laws that may apply to consumer data collected by residential smart meters.
U.S.-Mexico Security Cooperation Following "El Chapo" Guzmán's Escape
This report discusses the escape of Joaquín "El Chapo" Guzmán on July 11, 2015, from a maximum security federal prison near Mexico City.
Risk and Needs Assessment in the Criminal Justice System
This report provides information on the use of risk and needs assessment in the criminal justice system. It starts with an overview of risk and needs assessment and a discussion of some critiques. The report concludes with a discussion of the issues policymakers might consider if they debate legislation to expand the use of risk and needs assessment in the federal prison system.
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