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Articles by Matthew Clarke

Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights

by Matt Clarke

On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process rights were violated when she was held for 96 days without appearing before a judge or having an opportunity to post bail.

Jessica ...

Federal Judge Excludes Evidence After FBI Lies on Search Warrant Affidavit, Geek Squad on FBI payroll

by Matt Clarke

The federal child pornography case against a California doctor was dismissed after the judge excluded all the evidence seized from his home because an FBI agent lied on the affidavit supporting the search warrant for his home, falsely claiming technicians working on the doctor’s computer had discovered ...

‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned

by Matthew Clarke

The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse based upon a determination of shaken baby syndrome was mistaken. ...

‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops

by Matt Clarke

“Broken windows” policing has not been linked to a reduction in serious crime, but it has been linked to an increase in police lying. “Broken windows” policing is based on the belief that aggressive police enforcement of minor criminal violations—such as trespassing, possession of marijuana, or using ...

The ‘Office Shuffle’: Ohio Police Recycle Bad Apples Among Rural Departments

by Matt Clarke

An Ohio police officer who resigns under a cloud of pending disciplinary action or who is fired may not have reached the end of a law enforcement career. In some Ohio towns, employment as a police officer in another department is just down the road.

WCPO Cincinnati ...

Controversial Police Interrogation Technique That Often Results in False Confessions Abandoned by Influential Training Consultant

by Matt Clarke

In 1931, a commission to investigate Prohibition-era corruption appointed by President Hoover issued the Wickersham Report. The report criticized the so-called Third Degree, which was the standard police interrogation technique of the time and involved beating a suspect until he or she confessed, then lying about the ...

Texas Quietly Authorizes Nation’s First Public Safety Employees Treatment Courts

by Matt Clarke

With little opposition from either party, the Texas Legislature passed HB 3391, authorizing the creation of the nation’s first public safety employees treatment courts. The courts will allow police, firefighters, prison and jail guards, and emergency medical services employees facing charges to defer criminal prosecution by entering ...

$300,000 Settlement in Suit Over Death of Intoxicated Man Abandoned by Deputies

by Matt Clarke

The family of an intoxicated man abandoned by Delaware County, Ohio, sheriff’s deputies at a Taco Bell before he wandered onto a highway and was fatally struck by a vehicle has settled a lawsuit against the county and several sheriff’s department officials for $300,000.

After several motorists ...

Wisconsin’s 6,000-plus Untested Rape Kits Include Over 2,000 Involving Child Victims

by Matt Clarke

Wisconsin has a huge backlog of untested rape kits. In 2017, state Attorney General Brad Schimel estimated there were more than 6,300 untested rape kits. The number of rape kits involving allegations of child sexual abuse was 2,441 as of late 2017. A little under half of ...

Texas Court of Criminal Appeals Holds Defendant Entitled to Self-Defense Jury Charge if There is Any Evidence to Support It

by Matt Clarke

On September 27, 2017, the Court of Criminal Appeals of Texas held that a judge must issue a jury charge on self-defense in a prosecution for aggravated assault with a deadly weapon even if the defendant’s version of events supporting self-defense is weak, contradicted, or not credible. ...

 

 

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