by Matt Clarke
Studies have shown that racial minorities are overrepresented among the known wrongful convictions. But even this simple and easily provable statement runs afoul of several difficulties, including a lack of clear definitions for key terms.
The meaning of “race” is not clearly defined. Further, …
by Matt Clarke
A lack of standardization in crime statistics and the complexity of the causes of and cures for crime have made the use of crime statistics difficult.
For instance, whether using marijuana causes crime is an important question as more states consider legalizing recreational marijuana. …
by Matt Clarke
On January 10, 2020, a judge in Cook County, Illinois, ordered the Chicago Police Department (“CPD”) to produce by the end of 2020 all misconduct files from 1967 to 2015. Judge Alison Conlon noted that the CPD had “willfully and intentionally failed to comply” with …
by Matt Clarke
The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging firearms during a crime of violence in violation of 18 U.S.C. § 924(c). In doing so, the Court held …
by Matt Clarke
Police misconduct takes on many forms, from unjustified violence, murder, torture, sexual assault, theft of evidence—usually cash or drugs—and extortion, to actively assisting or participating in organized crime. However, this article will focus on a narrow segment of the many-faceted police misconduct problem—misconduct that leads …
by Matt Clarke
The U.S. Court of Appeals for the Sixth Circuit held that chalking the tires of parked vehicles to gather information about whether they have committed a parking violation constitutes a search for Fourth Amendment purposes and that, at the pleading stage of the current case, …
by Matt Clarke
Earlier this year, the Supreme Court of Vermont issued a 51-page unanimous decision holding that, under Article 11 of the Vermont Constitution, law enforcement is liable for discriminatory searches and seizures.
On a snowy day in 2014, Gregory W. Zullo, who is black, was …
by Matt Clarke
The U.S. Supreme Court has declined to review a Seventh Circuit decision permitting the seizure of a parked vehicle for a parking violation, permitting evidence developed during the seizure to be used against one of the vehicle’s passengers. This leaves the Seventh Circuit decision in …
by Matt Clarke
In a case of first impression, the Supreme Court of Kansas held it was double jeopardy to correct the sentence of a man who was convicted of aggravated sexual battery—to impose the lifetime post-release supervision mandated by statute after his illegally-imposed sentence had been completely …
by Matt Clarke
The Supreme Court of North Dakota held that a district court erred when it dismissed a prisoner’s application for postconviction relief after the State filed its answer “but was not put on notice that the State had effectively motioned for summary disposition” …
