Skip navigation
Christopher_Cobb_BlackHole_Book

Articles by David Kim

SCOTUS Announces ‘Economic Loss’ Not Required 
to Violate Federal Wire Fraud Statute

In resolving a split among the United States Courts of Appeals, the Supreme Court of the United States held that a defendant who induces a victim to enter into a contract under false pretenses may be convicted of federal wire fraud under 18 U.S.C. § 1343 even though the …

Sixth Circuit Announces Invoking Fifth Amendment While Testifying at Trial Does Not Contradict Prior Proffer Statement Nor Does Questioning the Sufficiency of the Prosecution’s Evidence

The United States Court of Appeals for the Sixth Circuit ruled that invoking the Fifth Amendment while testifying at trial does not constitute inconsistent testimony with a prior confession made under a proffer agreement because under U.S. Supreme Court precedent, no factual inference can be drawn from the invocation …

Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement

by David Kim

Police records obtained by WIRED reveal that the rise of internet-connected car features, spurred by automakers’ subscription models, is increasing drivers’ vulnerability to government surveillance. These documents expose how law enforcement agencies exploit the data generated by modern vehicles, often without public knowledge or meaningful …

The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure

by David Kim

Ohio’s death penalty system, which has consumed over a billion dollars, delivers neither justice nor closure, according to a damning report by Ohioans to Stop Executions. The system—marked by exorbitant costs, prolonged delays, and a troubling history of wrongful convictions—fails victims’ families, prison staff, and …

SCOTUS Announces Knowingly or Intentionally Causing 
Bodily Injury or Death by ‘Omission’ Necessarily Involves 
‘Use’ of ‘Physical Force’ for Purposes of § 924(c)

The Supreme Court of the United States held that knowingly or intentionally causing bodily injury or death by failing to take action—that is, by omission—uses physical force for purposes of the elements clause of § 924(c).

Background

Salvatore Delligatti was an associate of the Genovese crime family …

Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns

by David Kim

At United States border crossings, Customs and Border Protection (“CBP”) wants to photograph every vehicle occupant, from drivers to back-seat passengers, using real-time facial recognition to match images with travel documents. A recent federal notice details this plan, which is reportedly intended to enhance security …

SCOTUS Announces Rejection of ‘Moment-of-Threat 
Doctrine’ Because It Improperly Narrows Required 
‘Totality of the Circumstances’ Analysis for Fourth 
Amendment Excessive-Force Claims

The Supreme Court of the United States held that courts may not apply the “moment-of-threat” doctrine when evaluating the reasonableness of police officers’ use of deadly force involving claims of excessive force in violation of the Fourth Amendment because the doctrine improperly narrows the requisite inquiry into the “totality …

Georgia Eliminates Legal Standard That Sent Intellectually Disabled Prisoners to Death Row

Georgia has joined a growing number of states that prohibit the execution of people with intellectual disabilities after Gov. Brian Kemp signed a bill into law on May 12, 2025, establishing clearer legal protections for such defendants in capital cases.

Nearly Impossible Standard Eliminated

For decades, Georgia …

Warrantless Device Inspections Surge at the U.S. Border

by David Kim

Travelers entering the United States are facing intensifying scrutiny—not just of their luggage but of their smartphones, laptops, and other digital devices—as border agents increasingly conduct warrantless searches, sometimes copying personal data for further analysis. Civil liberties groups and legal experts argue these practices erode …

Cops’ Lie-Detecting Delusion: They Can’t Spot Lies Based on Nonverbal Cues or ‘Abnormal’ Behavior—Yet Keep Lying to Themselves (and Ruining Lives) That They Can

by David Kim

From the earliest forms of human communication, deception has been an inescapable part of social interaction. People lie—frequently and for countless reasons. Studies indicate that the average person tells at least two lies per day, and in a typical 10-minute conversation, 60% of individuals will …

 

 

Stop Prison Profiteering Campaign Ad 2
Advertise here
Stop Prison Profiteering Campaign Ad 2