The Iowa legislature drafts law, which if passed by that body and signed by the governor, then become state law. Occasionally, the legislature will pass a law and in the course of a prosecution or other litigation, it will be declared unconstitutional by a court. The...
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Felonies
Iowa legislature reduces drug sentences
Criminal justice reform is very difficult. This session, the Iowa legislature has passed the first "significant" sentencing reform in years. The changes to the sentencing laws will allow some drug offenders to be paroled after serving half their term, allowing the...
What is an infamous crime?
The criminal justice system contains many disincentives to commit a crime. There is the potential embarrassment with being arrested by the police, spending time in jail, obtaining bail, going through a trial or plea bargain, and if convicted, spending additional time...
Stun guns: are you in violation of the law?
Statutory definitions can be very specific or vague, depending on the whim of the legislature. Of course, they cannot be too vague, as that can lead to their being found unconstitutional because of that vagueness. For a law to be meaningfully applied to a person, they...
Forfeiture bill receives hearing in Iowa Senate Committee
Last year, a report by an Iowa newspaper found issues with the way in which some law enforcement agencies throughout the state were using the criminal forfeiture laws. In some cases, police departments and sheriff's offices were using forfeiture laws as a means of...
Study find false confessions can result from sleep deprivation
If you have been arrested by the police, or if you are merely part of an investigation, the police are likely to interrogate you. They may tell you that they would like you to come down to the police station and talk, or they may bring you into custody and engage in a...
What will criminal justice reform look like in Iowa?
This session of the Iowa legislature will consider issues involving criminal justice reform. Changes to the criminal justice system are always controversial and subject to a wide variety of opinions within the legislature. This year, they are expected to consider...
Veterans not more likely to commit a crime
Criminal law is full of stereotypes. Many people believe that there is a "criminal type." And that anyone who fits that description, must be guilty of the crimes they are accused. In the 19th century, the study of the shapes of human heads called phrenology, which...
When the prosecution is determined…
Evidence of a crime is typically the lynchpin of most criminal prosecutions. The more evidence, the stronger the case. And with some crimes the greater the evidence, the more severe the penalties. With drug prosecutions, the penalties for a few ounces of marijuana are...
But drug courts save money…
Drugs have been seen as a problem in American society for a long time. The salacious "Reefer Madness" and other antidrug propaganda pieces worked on the premise of scaring people away from using a drug, out of fear of becoming drug-crazed maniacs. Of course, for all...