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The Law Office of Gregory N. Smith Legal Blog

DRUG SENTENCING GUIDELINES IMPLICATE CONTROVERSIAL POLICY ISSUES

The penalties for many drug crimes can be surprisingly harsh, partly due to the federal sentencing scheme. For example, a charge of drug trafficking may implicate federal law and the sentencing guidelines promulgated by the U.S. Sentencing Commission. Notably, various federal leaders have already made efforts to reform the drug sentencing guidelines. For example, the guidelines for drug trafficking offenses…

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DRUG ENFORCEMENT EFFORTS MAY ALSO IMPLICATE CIVIL FORFEITURE

Readers may be aware that there are both state and federal laws against the possession, delivery, manufacturing, sale, trafficking and/or distribution of drugs or other controlled substances. Given that overlap, it may make sense for local or state officials to partner with federal counterparts in enforcement efforts. However, there is also a lesser-known financial incentive: equitable sharing. Under this federal…

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REPORT LISTS DNA EVIDENCE AS SOLE FORENSIC TEST WITH RELIABILITY

A criminal defense attorney knows the damaging effect that inflammatory or overly prejudicial evidence may have on a jury. Indeed, there’s an evidentiary objection that can be made on that basis, where the prejudicial aspect of a proposed submission outweighs its probative value. Yet according to a recent article, jurors in a criminal trial may not even realize that much…

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