It is depressing to read about the havoc wreaked in some cases by apparently not credible “blood splatter science,” and some other fringe areas of “expert” testimony in criminal cases. A broad view of a wrongful conviction is set in a December 20, 2018 NYT article. Also see this May 31, 2018 article at Pro
Criminal Law and Torts
Negligent Homicide – Navy Trial Ahead
By Kirk Hartley on
Posted in Criminal Law and Torts
The lines between legal doctrines sometimes intersect. One of those intersections lies between tort law and criminal law. That intersection will be interesting to watch as the Navy proceedings move forward regarding the recent collisions between ships. One also wonders about some of the collisions involving non-Navy ships.
As to the Navy proceedings, a January …
Imagine Being Criminally Convicted and Jailed for Two Years Because of Acceleration Defect of a 1996 Camry
By Kirk Hartley on
Posted in Criminal Law and Torts
Imagine being jailed for two years for a “vehicular homicide” that arose when you and your car drove into another car, causing deaths and devastating injuries. Imagine the guilt for the harm caused. Imagine the anguish of going through a criminal trial and conviction even though you and the family member passengers in your car…
Criminal Law and Corporate Officer Inaction as to Applying Science – The Salmonella Egg Case Highlights Some Issues
By Kirk Hartley on
Posted in Criminal Law and Torts, Science
When are corporate officers subject to criminal convictions, and for what actions (or inaction)? The inaction part can be the more troubling in some settings, and the issues are highlighted in the recent criminal convictions and appeal arising out of the s0-called salmonella egg cases. A July 12, 2016 post at D&O Diary explores some…
Cyber-crime: “Case Study: How To Catch an IP Thief”
By Kirk Hartley on
Posted in Criminal Law and Torts
Looking for a great, real cyber-crime story with lawyers as some of the good guys? Read Michael Goldhaber’s great account in the American Lawyer on February 21, 2016:
Case Study: How To Catch an IP Thief
http://www.americanlawyer.com/id=1202747504746/Case-Study-How-To-Catch-an-IP-Thief#ixzz44xpG0pbZ
Better DNA Sequencing Tools Continue to Change the Standards for Proof in Criminal Cases; Yet Another Example of Impacts from the Ongoing Revolution in Molecular Biology
By Kirk Hartley on
As DNA sequencing gets better and better, it’s also improving and changing the standards for proof in criminal law. This March 7, 2016 article from Science (a great journal) provides a science heavy update, focused on the work of a scientist who teams up with lawyers on one of the many “Innocence” projects. The work…
Chicago Rising to Become A New Home for Criminal and Civil Trials About High-Speed Trading and Spoofing?
By Kirk Hartley on
Posted in Criminal Law and Torts, Litigation Industry
As businesses evolve and change, the litigation industry often evolves and changes to confront criminal, regulatory and civil law issues arising from the businesses. That outcome apparently is at work in Chicago for both criminal law and civil law related to high-speed trading, a topic covered at length by Michael Lewis in Flash Boys.…
Federal Judge Hands Down 28 Year Sentence for Peanut Butter Deaths
By Kirk Hartley on
Posted in Criminal Law and Torts, Mass Tort Issues
The much publicized peanut butter deaths (9 of them) provide another example of the intersections between tort law and criminal law. Last month, a federal judge handed down a 28 year sentence for the former CEO at sentencing after his conviction. A September 21, 2015 NPR story includes the background and video. The nutshell version…
When Torts Become Crimes; Six Manslaughter Convictions from a Construction Disaster
By Kirk Hartley on
Posted in Criminal Law and Torts, Litigation Industry
The intersections continue to increase between torts and crimes, and potential defendants need to pay attention. A recent example arises from six deaths in a construction disaster. LAW360 has the story in an October 19, 2015 article. The short version is as follows, as explained by LAW360:
“Law360, Philadelphia (October 19, 2015, 2:43 PM…
“Increasing Coordination among Federal Prosecutors, Regulators, and Civil Enforcers”
By Kirk Hartley on
Posted in Criminal Law and Torts, Litigation Industry
Recent statements by senior people at DOJ are notable for the litigation industry. The relevant statements are set out in a July 16, 2015 article by Adam Spicer in the ABA Journal. The entire article should be read; here is the opening paragraph:
“On May 19, 2015, the head of the Department of Justice’s …