The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

By Eric Marcy |   Oct. 29, 2015

There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the nexus, proportionality, privileges, and the constitutional requirements that require that such intrusions be narrowly tailored.

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Topics : Community Supervision, Criminal Defense, Probation, Special Conditions of Supervised Release, Constitutional Rights, Criminal Law, Appeal, Due Process, Eric Marcy, NJ Criminal Justice Process, Parole, Federal Investigations, probation officer, probationer | 0 Comments Read More

CORPORATE EXECUTIVES IN THE CROSS-HAIRS: U.S Department of Justice Amps Up Quest for Individual Accountability for Corporate Misdeeds

By Ellen Torregrossa-O'Connor |   Sep. 22, 2015

This month, the United States Department of Justice issued an unambiguous directive to its army of white-collar prosecutors – hold individuals accountable. By publishing its “new” internal policies to the New York Times, it appears that the Justice Department is taking aim to shift increasing public perception that the government spares corporate executives regardless of the carnage left in the wake of their wrongdoing. Although many of the memo’s directives simply provide a re-boot of existing policies, some new measures are specifically designed to prevent culpable individuals from escaping the consequences of their corporate misconduct.

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Topics : Corporate Liability, Internal Investigations, Federal Investigations, White-collar Crime | 0 Comments Read More

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