What McDonnell v. United States Means for State Corruption Prosecutors

When the U.S. Supreme Court handed down its decision in Robert McDonnell v. United States nearly two years ago, it announced a new standard for cases involving a federal bribery statute. This first article of a two-part series examines how state courts have construed McDonnell and provides some practical tips for prosecutors to consider when investigating, charging, and trying corruption cases that may help avoid McDonnell issues.

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Prosecutors and Investigators Working Seamlessly To Address Non-Traditional Crimes Using Unconventional Strategies

It is a difficult task ascertaining the best ways prosecutors and investigators can address non-traditional criminal activity concerning illegal trade when typical remedies are ineffective. Additionally, these criminal enterprises are more and more frequently taking advantage of the global economy and transit capabilities, as well as advances in technology that defy traditional investigative techniques.

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Identifying Methods Prosecutors May Use to Help Reduce the Infiltration of Counterfeit and Dangerous Products and Practices from Entering the Marketplace

Sandra Arenas, Assistant Attorney General, Office of the Attorney General of Connecticut; Christine Johnson Spence, Assistant Director of Public Prosecutions, Office of the Director of Public Prosecutions, Jamaica; John Moreira, Assistant Attorney General, Office of the Attorney General of Rhode Island; Paul Singer, Chief, Consumer Protection Bureau, Office of the Attorney General of Texas; Setha…

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Prosecuting Drug Overdose Cases: A Paradigm Shift

The number of overdose deaths in the United States has risen alarmingly; they are now the number one cause of accidental deaths. Investigating and prosecuting these deaths as homicides requires re-thinking how law enforcement handles these deaths and a thorough understanding of the laws supporting prosecuting the dealer who sold the drugs.

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Ethics Corner: Survey of “Ethics Gurus” in AG Offices Reveals Priorities

Amie Ely, director of NAGTRI's Center for Ethics & Public Integrity (CEPI), writes about assembling a cadre of "ethics gurus" from attorneys general offices and summarizes some of the ethics issues that have been identified. One issue addressed is whether prosecutors can ethically advise law enforcement in undercover operations that involve the use of subterfuge.

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An Alternative to Prosecution: Victim Offender Mediation

The Korean Mediation Model for handling non-violent criminal matters is being used as an example of how countries around the world can expedite cases and reduce the burden on the judicial system.

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Jury Selection and Bull: Tips from the TV Program and Observations from a Practitioner

Can the new CBS television program Dr. Bull provide jury selection tips for AG prosecutors? An experienced and successful trial attorney with over 40 years' experience and 300 trials under his belt reviews the key principles from the program and offers his own suggestions for a revealing, informative, and persuasive voir dire.

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Attorneys General Take Action on Proposed ABA Postconviction Standards

Washington, D.C. —The National Association of Attorneys General (NAAG) sent a letter signed by a bipartisan group of 38 state and territorial attorneys general to the American Bar Association’s (ABA) Criminal Justice Section (CJS) expressing concerns over ABA’s proposed “Standards Relating to Postconviction Remedies.” The NAAG letter follows July comments already submitted by five members of…

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Status Update on Authenticating Social Media Evidence: The Three Primary Approaches Applied Nationally

This article presents a detailed overview of the current and conflicting state of the law regarding authentication standards for admitting social networking records.

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“First, Do No Harm”: Criminal Prosecutions of Doctors for Distributing Controlled Substances Outside of Legitimate Medical Need

NAGTRI revisited a 2007 study on physicians who had been prosecuted for prescribing controlled substances. The goal of this project was to determine if there had been any shift in the numbers of prosecutions, patient addictions, or states issuing opioid prescription guidelines since the 2007 study in an effort to curb the opioid abuse epidemic across the country.

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