Blog Jay Leiderman Law

Category Archives: Equal Protection

“Excessive bail shall not be required…” Eighth Amendment to the US Constitution.  Even so, this very moment, approximately 450,000 people who have not been convicted of a crime are being held in U.S. jails. Many of them are there simply because they cannot afford to pay for their release. As detailed below, bail is inherently […]

Jeff Sessions as Attorney General will be a nightmare for legal and medical marijuana freedoms How the appointment of Jeff Sessions as Attorney General might affect both legal and medical marijuana in the 29 states that have programs and to what degree will the Federal Government may interfere with state’s rights to enforce the controlled […]

“The Due Process Clause of the Fourteenth Amendment denies States the power to deprive the accused of liberty unless the prosecution proves beyond a reasonable doubt every element of the charged offense.” In re Winship, 397 U.S. 358, 364 (1970). Jury instructions relieving States of this burden violate a defendant’s XIV Amendment due process rights. […]

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, […]

http://www.nacdl.org/NewsReleases.aspx?id=36311&libID=36281 Washington, DC (February 13, 2015) – A short time ago today, the Department of Justice filed a landmark Statement of Interest on behalf of the United States in Varden v. City of Clanton pending in the U.S. District Court in the Middle District of Alabama. In that filing, DOJ is clear – “Incarcerating individuals […]

 

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