Correcting Course: Re-Evaluating the Admission of 18 U.S.C § 922(g)(1) Convictions under FRE 609(a)
Federal Rule of Evidence 609(a) governs the use of a prior criminal conviction to attack a witness’s credibility. In general, evidence of a prior felony “must be admitted, subject to Rule 403, in a civil case or in a criminal case in which the witness [being impeached] is not a defendant,” and “must be admitted in a criminal case in which the witness [being impeached] is a defendant, if the probative value of the evidence outweighs its prejudicial effect to that defendant.”[1] Rule 609(a) also provides that, regardless of whether a prior conviction was a misdemeanor or a felony, the conviction “must be admitted if the court can readily determine that establishing the elements of the crime required proving — or the witness admitting — a dishonest act or false statement.”[2] If the prior conviction does not meet those criteria, then the conviction may not be admitted under this Rule…
Weeding Out the Complications of American Marijuana Legislation
It's no secret that marijuana has had a complicated past in the United States. In 1971, the federal government officially waged a “war on drugs,” passing the Controlled Substance Act (CSA), which criminalized marijuana. This was a reaction to the heightened use of drugs in the 1960s, which then-president Nixon considered “public enemy #1.” However, marijuana has now been highly accepted into our everyday lives, as 18 states have officially legalized cannabis for recreational use and even more for medicinal purposes. While it is legal to possess marijuana in these states, the federal government still classifies marijuana as an illegal substance. This raises the question: how can state laws legalize something that the federal government deems illegal?…
International Law and Regulations on Ocean Pollution
It is no secret that ocean pollution is worsening and causing detrimental issues around the world, both environmentally and economically. According to Dr. Philip Landrigan, the director of Boston College’s Global Public Health and the Common Good Program, “people have heard about plastic pollution in the oceans, but that is only part of it. Research shows the oceans are being fouled by a complex stew of toxins including mercury, pesticides, industrial chemicals, petroleum wastes, agricultural runoff, and manufactured chemicals embedded in plastic.” This raises the question: if oil pollution is so harmful, what types of legal measurements are in place to protect the environment? In an attempt to tackle ocean pollution, there have been different international regulations set in place by the United Nations Convention on the Law of the Sea (UNCLOS) and National Oceanic and Atmospheric Administration (NOAA) to prevent the irresponsible discarding of waste into oceans. However, there remain gaps in these regulations, which allow continued damage to the ocean at the hands of major oil companies and national governments.
The Odds of Being Taxed on Gambling Winnings
There are two things that are always certain in life: death and taxes. But in Vegas, certainty becomes a trinity of death, taxes, and gambling. Contrary to the age-old saying, what happens in Vegas does not stay in Vegas, and some visitors are surprised when the Internal Revenue Service (IRS) reaches out after a fun trip. When considering the taxation of gaming, particularly in Nevada, the factors of game type, residency, and risk aptitude all play into the odds of being properly taxed after gambling in Las Vegas…
Texas’ New Voting Law: Protector or Persecutor
In light of the recent controversy surrounding the Presidential Election of 2020 regarding compromised election integrity, states have begun to draft their own bills attempting to address concerns of voter fraud. One such state is Texas, whose congress recently introduced Senate Bill 1 (SB1). This bill is not only the most comprehensive of the new bills, but it has also been met with the most disapproval. The subsequent backlash of SB1 has resulted in several groups suing the state, citing that the bill introduces discriminatory provisions that unfairly restrict certain demographics from voting. While Americans wait for the deliberation of the bill amidst a foggy cloud of partisan narratives, it is important to delve into the content of the bill itself to determine what is really written inside SB1 and see if the lawsuits’ claims hold any merit…
Indigenous Genocide in the US: Will There Be Punishments for Violating International Law?
Thanksgiving festivities may be over for now, but the US government’s gruesome history towards Indigenous people remains. From disrespecting numerous treaties signed with Indigenous communities to forced assimilation via residential schools, US-Indigenous relations have been tumultuous to say the least. Due to these actions, the US government could possibly face consequences for violating international law. In order to see if that is the case, a few questions must be answered first. Do the US government’s actions towards Indigenous communities fit the UN Convention’s definition of genocide for any crimes committed after 1948? And what happens if the US government is found guilty of committing genocide against Indigenous peoples?…
A Matter of (Mis)Interpretation: Using Dispositions of Supervision in Illinois DUI Sentencing
In the state of Illinois, a third DUI violation is a Class 2 felony. But, under Illinois law, even if a defendant gets a DUI charge dismissed after successfully completing a sentence of supervision, that sentence can be used as one of the three violations to upgrade a DUI to a Class 2 felony. This understanding, while accepted by a majority of the Illinois Supreme Court, violates basic principles of statutory construction and contradicts the common public understanding of the words of the statute…
Unmasking the Mandates in Classrooms
The COVID-19 pandemic has severely impacted the way children learn in school. Public K-12 school districts have begun to impose mask mandates, which has angered some groups of parents. These parents have argued that school districts are infringing on their parental rights to determine how they medically take care of their children. As a response to this, some governors in states such as Florida, Texas, and South Carolina have created mask mandate bans to allow parents to have more freedom over their children's well-being in schools. There are three main groups that believe they have the legal authority to protect minors in schools: parents, school districts, and governors. Ultimately, this raises the question of which group has the legal power to make health decisions in public schools?…
Is the Privacy of Americans Under Attack?
Privacy and surveillance have evolved tremendously throughout the history of America. The fine line between individual privacy and protection is thinning at an incredible rate. While the right to privacy is deemed as a fundamental right protected by the government, it has been breached by third parties who are not under the same expectation. In this way, tech giants are stomping on our rights to privacy by selling our information to the government. While this civil liberty is protected by the government, it does not mean our protection will not be attacked by other entities. Privacy has seen severe changes through the evolution of technology and will most likely continue to see changes. Unfortunately, the issue of privacy is not something private companies are obligated to protect…