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Victims’ Rights Laws a Threat to Due Process
Loaded on Sept. 23, 2018
published in Criminal Legal News
October, 2018, page 40
“Marsy’s Law,” an effort to afford victims equal rights as those accused, might seem like a good idea at first blush, but a deeper look shows it is poorly drafted and actually threatens existing constitutional safeguards.
Victims’ rights and defendants’ rights are not the same and cannot be “equal.” Victims’ ...
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More from this issue:
- Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
- Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
- Victims’ Rights Laws a Threat to Due Process
- Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate, by Christopher Zoukis
- Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
- ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
- Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
- Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
- Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
- New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
- Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
- Your Papers, May I See Your Papers?, by Christopher Zoukis
- Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
- 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Civil Forfeiture Often Focuses on Profit Instead of Public Safety
- Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
- Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
- Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
- Houston Forces Parolees out of City Under New Rule
- From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
- Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
- New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
- Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
- Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
- 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
- Study Indicates Link Between Officer Fatigue and Public Complaints, by Betty Nelander
- ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
- $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit, by Kevin Bliss
- Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself, by Steve Horn
- Archaic Disciplinary System Allows Chicago Police to Delay Punishment, by David Reutter
- Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable, by Dale Chappell
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence, by Christopher Zoukis
- Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges, by Dale Chappell
- NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning, by Dale Chappell
- 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense, by David Reutter
- New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, by Dale Chappell
- California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon, by Dale Chappell
- Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal, by Dale Chappell
- Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection, by Betty Nelander
- Prosecutors Use Their Power to Help Reform Criminal Justice
- Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea, by Dale Chappell
- NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
- Insurance, Courts Protect Cops from Liability, by Dale Chappell
- The Broad Reach of Carpenter v. United States, by Paul Ohm
- Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings, by Matthew Clarke
- News in Brief
- From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions, by Christopher Zoukis
More from these topics:
- Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, Feb. 15, 2023. Victims, Home Search.
- Child Sexual Abuse: It’s Never Too Late to Speak Out, Feb. 1, 2021. Victims, Juveniles.
- Shielding Police Identities: A Law That Cuts Both Ways, Nov. 15, 2020. Victims, Crime Victims Rights Act.
- $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families, Dec. 28, 2018. Victims, Settlements, Police.
- California Attorney Specializes in Representing Prisoners Victimized by Fraud, Oct. 12, 2018. Victims, Attorney, Prisoner Legal Assistance.
- Colorado Supreme Court: Conviction of Drunk Motorist for Attempted Reckless Manslaughter and Attempted Second Degree Assault Requires Risk to Discernable Person, Not Merely Public At-Large, May 22, 2018. Criminal Prosecution, Victims.
- Data: High Rate of Sexual Abuse by Cops, March 16, 2018. Assault by Police, Crime/Demographics, Crime, Victims, Statistics/Trends.
- Report: Police Killings on the Rise, Feb. 22, 2018. Crime/Demographics, Victims, Statistics/Trends, Police--Excessive Force, Excessive Force (Police).
- California Billionaire Pushes States to Adopt “Marsy’s Law”, Jan. 31, 2018. Criminal Prosecution, Escapes, Victims, Criminal Procedure.
- Crying Rape, Feb. 17, 2017. Sexual Assault, Victims, Witnesses, Wrongful Conviction, Wrongful Imprisonment.