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Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys
by Douglas Ankney
“Cooperation is a horrible thing for clients. Doing law enforcement’s job and requiring someone to bargain for their freedom encourages an ugly, unfair, and unjust system to become even more so that way.”
Those are the words of an anonymous federal defense attorney who participated in a ...
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More from this issue:
- Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
- FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
- DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
- Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys, by Douglas Ankney
- West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges, by Jo Ellen Nott
- FBI Buys Software to Enslave Your Phone, by Michael Thompson
- The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules, by Nisha Whitehead, John W. Whitehead
- House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
- Oregon Supreme Court Announces Overruling of Precedent on ‘Attempted Transfer’ of Drugs, by David Reutter
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, by Richard Resch
- Human DNA Retrieved From Dogs Might Provide Evidence, by Douglas Ankney
- Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
- Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
- One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines, by Matthew Clarke
- California Court of Appeal: Defendants Who Plead Guilty to Stipulated Sentence Eligible for Resentencing Under Amended § 1170.91, by Douglas Ankney
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, by Douglas Ankney
- New Mexico Supreme Court Clarifies When Reviewing Double Jeopardy Claims, Court to Apply Blockburger’s Strict-Elements Test or Modified Strict-Elements Test—Not Both, by Douglas Ankney
- FBI Lost Count of Its Snitches at Capitol on January 6, 2021, by Douglas Ankney
- U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence, by Douglas Ankney
- Jesse Johnson: 194th Person Exonerated While on Death Row, by Jordan Arizmendi
- Kansas Supreme Court Announces State Must Prove Defendant Specifically Intended to Enter Dwelling in Which There Was a Person to Sustain Conviction for Attempted Aggravated Burglary, Overruling State v. Watson, by Douglas Ankney
- Oregon Supreme Court Clarifies Test to Determine When Person Becomes Agent of the State and Rules Jailhouse Snitch Was Agent, Requiring Suppression of Defendant’s Statements, by Anthony Accurso
- NYPD’s Solution for Abusive Cops Who Cost Taxpayers Millions of Dollars in Civil Suits—Promote Them, by Douglas Ankney
- Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split, by Anthony Accurso
- California Court of Appeal: Confrontation Clause Violated Where Defense Prohibited From Cross-Examining Prosecution Witness About Biased Motivation and Fabrication, by Douglas Ankney
- Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, by Douglas Ankney
- Study Reveals That Aging Federal Judges May Experience Cognitive Impairment Affecting Their Opinions, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology, June 15, 2024. Commentary/Reviews, Police State-Surveillance, Electronic Surveillance.
- How Parole and Probation “No-Association” Conditions Hamper Successful Reentry, June 1, 2024. Commentary/Reviews, Conditions of.
- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Report Finds Current Path of Florida Prison System “Unsustainable”, June 1, 2024. Commentary/Reviews, Cost of Prison Systems, Totality of Conditions.
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024. Reviews, Police State-Surveillance.
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024. Commentary/Reviews, junk science, Fingerprint Evidence, Latent Fingerprint Evidence.
- The Police Have a Dark Money Slush Fund, May 15, 2024. Contractor Misconduct, Police Misconduct, Commentary/Reviews, Police/Govt Misconduct.
- Federal Watchdog Slams BOP for Lapses in Epstein Death, Pushes Back Against Rumors It Wasn’t Suicide, May 1, 2024. DOC/BOP misconduct, Commentary/Reviews, Suicides.
- Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth, May 1, 2024. Commentary/Reviews, Criminal Prosecution, Statistics/Trends, Death Penalty.
- Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment?, April 15, 2024. Commentary/Reviews, Statistics/Trends, Electronic Monitoring, Electronic Surveillance, Bail/Pretrial Release, Conditions of.