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Articles by Derek Gilna

New York Times Investigation Spotlights NYPD Practice of ‘Testilying’

by Derek Gilna

An extensive New York Times investigation of the New York Police Department has uncovered that “at least 25 instances were found where judges or prosecutors reportedly determined that a cop’s testimony was likely untrue or embellished” since January 2015. It’s what observers commonly refer to as “testilying.” ...

New York Times Investigation Spotlights NYPD Practice of ‘Testilying’

by Derek Gilna

An extensive New York Times investigation of the New York Police Department has uncovered that “at least 25 instances were found where judges or prosecutors reportedly determined that a cop’s testimony was likely untrue or embellished” since January 2015. It’s what observers commonly refer to as “testilying.” ...

New Washington State Law Removes ‘Actual Malice’ Roadblock in Police Prosecutions

by Derek Gilna

Two new Washington state laws have removed a statutory impediment to state prosecutors holding police officers accountable for reckless or negligent conduct. The measures eliminate the barrier of having to prove “malice” or “evil intent” in bringing criminal actions against police officers accused of wrongdoing.

According to ...

$325,000 Paid by Sheriff’s Office to Settle Fatal Shooting Case Over Not Wearing Seat Belt

by Derek Gilna

The Palm Beach County Sheriff’s Office in Florida settled the case of a 19-year-old man who was fatally shot six seconds after being stopped for not wearing a seat belt. The victim, Henry Bennett III, was shot by Deputy Andrew Cano in January 2016 when he ran ...

Privacy Advocates Concerned About Google AI and Pentagon Drone Surveillance

by Derek Gilna

Tech behemoth Google has signed a contract with the U.S. Department of Defense (“DoD”) to apply its artificial intelligence technology (“AI”) to improve the recognition and targeting ability of its 1,100-strong drone fleet, raising concerns that the technology might be used domestically for surveillance of the U.S. ...

Former Civil Rights Lawyer Krasner Puts Justice Reform into Practice as New Philly DA

by Derek Gilna

For decades, politicians have won many elections by promising to be “tough on crime,” which translated into escalating prisoner counts, unbalanced budgets, and societal disintegration of the inner city. In contrast, former civil rights attorney Larry Krasner won election as Philadelphia’s District Attorney by promising just the ...

Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera

by Derek Gilna

Trenton, New Jersey, police officers were captured on video making light of using flashlights to subdue suspects and ridiculing a critically injured gunshot victim suffering from a head wound.

All of the incriminating comments were captured on the body camera of supervisor and Trenton police Sgt. Charles ...

Study: Unionized Police? Increased Misconduct

by Derek Gilna

According to a December 2017 study by University of Chicago Law School researchers, data from Florida indicate that “shielding officers from the consequences of their actions ... result[s] in increased misconduct.” After Florida sheriffs’ deputies were allowed to unionize in 2003, such incidents of misconduct increased.

The ...

Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness

by Derek Gilna

Judicial proceedings are governed by strict rules, but none is more burdensome to convicted offenders than having their testimony disregarded because of a prior felony conviction. Federal proceedings are governed by the Federal Rules of Evidence. Rule 609(a)(1), enacted in 1975, permits attacking a witness’ character for ...

Gang Enhancement: California Court Reverses Denial of Motion for New Trial

by Derek Gilna

The Court of Appeal of California, Second Appellate District, Division One, reversed a trial court’s denial of a defendant’s motion for a new trial on the issue of whether or not a gang enhancement was supported by the evidence.

Defendant Bobby Watts was convicted of murder, and ...

 

 

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