Taking the 5th

There are many myths associated with the highly publicized “Taking the 5th” in the American criminal justice system. Obviously taking the 5th refers to the 5th amendment. It specifically refers to the self-incrimination clause of the 5th amendment. First of all, anyone can take the 5th in any proceeding if you feel you are going to incriminate yourself with your response. Therefore, a person can Continue Reading...

Michael Vick Sentenced Today

Former NFL star and Atlanta Falcons quarterback Michael Vick was sentenced today in Federal Court by the Honorable Henry E. Hudson on dogfighting charges. In an earlier post, I discussed the re-emergence of judicial discretion in sentencing in Federal court following the landmark Booker decision in 2004. This judicial discretion is evident in the 23 month sentence Michael Vick received today. The Continue Reading...