Free US Court of Appeals for the Fourth Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Fourth Circuit March 25, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Is Retribution Worth the Cost? | SHERRY F. COLB | | Cornell law professor Sherry F. Colb discusses the four purported goals of the criminal justice system—deterrence, incapacitation, retribution, and rehabilitation—and argues that retribution may preclude rehabilitation. Colb considers whether restorative justice—wherein a victim has a conversation with the offender and talks about what he did to her and why it was wrong—might better serve the rehabilitative purpose than long prison sentences do. | Read More | The Other Epidemic | KATHRYN ROBB | | Kathryn Robb, executive director of CHILD USAdvocacy, comments on a public-health crisis that is getting relatively less attention right now: the scourge of child sex abuse. To address this crisis, Robb calls for greater public awareness, stronger laws protecting children, and legislative action | Read More |
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US Court of Appeals for the Fourth Circuit Opinions | Cybernet, LLC v. David | Docket: 18-2420 Opinion Date: March 24, 2020 Judge: James Harvie Wilkinson, III Areas of Law: Civil Rights, Constitutional Law | Cybernet filed suit against three state officials under 42 U.S.C. 1983 for directing or participating in the unlawful destruction of its property in violation of the Fourth Amendment. Cybernet's claims stemmed from the execution of search warrants at two video sweepstakes stores owned and operated by Cybernet. The Fourth Circuit affirmed the district court's judgment and held that, taken as a whole, the items seized were within the parameters of the search warrant and any incidental damage that took place is not indicative of the kind of gratuitous damage that would exceed Fourth Amendment bounds. Therefore, the court held that there was no Fourth Amendment violation. Cybernet's motion to compel discovery failed for the same reason. | |
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