Blog Jay Leiderman Law

Category Archives: constitutional

GANG MEMBERSHIP IS CONSTITUTIONALLY PROTECTED AND THE FIRST AND FOURTEENTH AMENDMENTS PROHIBIT CRIMINALIZING GANG MEMBERSHIP PER SE Like it or not, gang membership is constitutionally protected activity.  (Dawson v. Delaware (1992) 503 U.S.  159, 161; see also City of Chicago v. Morales (1998) 527 U.S. 41.)  Admittedly, Penal Code § 186.22, which closely parallels § 182.5, has […]

THE GRAND JURY PROCEEDINGS VIOLATED DEFENDANT’S DUE PROCESS RIGHTS The grand jury’s ability to safeguard accused persons against felony charges which it believes unfounded is an attribute of due process of law inherent in the grand jury proceeding; this attribute exists for the protection of persons accused of crime before the grand jury, which is […]

Equal Protection: Possession of a destructive device ~ California Penal Code section 12312 PENAL CODE SECTION 12312 (Possession of a destructive device) VIOLATES THE EQUAL PROTECTION CLAUSE OF THE U.S. AND CALIFORNIA CONSTITUTIONS Similarly situated individuals, who are punished differently for violations of the law without a compelling state interest to justify that different punishment, […]

THE HUMAN DIGNITY OF THE ACCUSED, AND THE FUNDAMENTAL DIGNITY OF THE COURT REQUIRE THAT DEFENDANT APPEAR WITHOUT RESTRAINTS AT TRIAL, ABSENT MANIFEST NECESSITY TO SHACKLE Many years ago, Blackstone wrote “though under an indictment of the highest nature, [the defendant] must be brought to the bar without irons or any manner of shackles or bonds, unless […]

Collateral Consequences Resource Center Leaked White House memos detail president’s pardon policy (“USA Today has published a White House document detailing President Obama’s policy on granting clemency, including both sentence commutation and post-sentence pardons. In a memorandum dated July 13, 2010 to the Acting Deputy Attorney General, White House Counsel Robert Bauer ‘convey[ed] the President’s […]