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A Night To Remember

Criminal Legal News: September, 2020

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Volume 3, Number 9

In this issue:

  1. State Violence, Legitimacy, and the Path to True Public Safety (p 1)
  2. Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits (p 9)
  3. How the Courts Are Using Compassionate Release to Fix Unfair Sentences (p 10)
  4. Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing (p 12)
  5. The Warrior Cop Mindset (p 14)
  6. Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt (p 14)
  7. SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination (p 16)
  8. Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination (p 18)
  9. California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes (p 19)
  10. Third Circuit: District Court Must Personally Address Defendant During Sentencing (p 20)
  11. Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes (p 20)
  12. Police Body Cams Are not a Cure-All (p 22)
  13. Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura (p 22)
  14. Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving (p 23)
  15. FBI Expands Ability to Surveil Social Media and Cellphone Location Data (p 23)
  16. SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans (p 24)
  17. Nationwide Police Misconduct Database Available to Public (p 26)
  18. California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively (p 26)
  19. Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial (p 28)
  20. Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence (p 28)
  21. Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis (p 30)
  22. Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed (p 30)
  23. Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent (p 31)
  24. Extending the Surveillance State During the Pandemic (p 32)
  25. The Power of Filming Police (p 32)
  26. Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance (p 33)
  27. Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B) (p 34)
  28. Guard Your Digital Privacy to Keep Your Real Self Safe (p 34)
  29. What to Do if You’re Pepper-Sprayed (p 35)
  30. Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization (p 35)
  31. Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made (p 36)
  32. After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder (p 36)
  33. Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed (p 37)
  34. Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification (p 38)
  35. New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis (p 39)
  36. Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County (p 39)
  37. Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense (p 40)
  38. Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence (p 40)
  39. Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online (p 41)
  40. Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer (p 42)
  41. Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes (p 43)
  42. Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts (p 44)
  43. Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error (p 44)
  44. Ban the Box not Applicable to COVID-19 Stimulus Aid (p 45)
  45. Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup (p 46)
  46. The Lunacy of Qualified Immunity (p 47)
  47. Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters (p 47)
  48. I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable. (p 48)
  49. News in Brief (p 50)
  50. Problems With Predictive Policing (p 50)

State Violence, Legitimacy, and the Path to True Public Safety

by David M. Kennedy, Niskanen Center (niskanencenter.org)
Executive Summary: I work with cops, and I support this movement.

Police Violence Is State Violence

Let’s be clear about what’s been happening in the country these last few weeks. Policing is an arm of the state. Police departments and police officers operate under the color of law and as agents of the state, with authority granted by their nation’s citizens. That gives their actions special meaning. George Floyd was—literally—killed by his government. Over and over again in America, Black people have been killed, beaten, and otherwise abused by their government through its agents: the police. In the modern era, Rodney King was beaten by his government. Michael Brown was shot and killed by his government. Walter Scott was shot in the back and killed by his government; his government then falsified the shooting scene and lied about what had happened.

This has always been an outrage. But the last several weeks in America have been transformative for how the nation thinks about and responds to police violence. A short time ago—before a Minneapolis police officer killed George Floyd—it would have been unimaginable that hundreds of thousands of both Black and ...

Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits

Derek Chauvin could still receive about $50,000 a year in pension partly funded by taxpayers like George Floyd’s surviving family, even if he’s convicted of second-degree murder.

Moreover, qualified immunity would most likely prevent Floyd’s family from successfully suing him.

Chauvin was the police officer in Minneapolis, Minnesota, who pressed his knee into the neck of Floyd for nearly nine minutes while Floyd lay under him suffocating on May 25, 2020. Floyd ended up dying, and Chauvin and three other officers fired. Chauvin was charged with second-degree murder and manslaughter.

Minnesota law does not have a provision allowing the revocation of a public employee’s pension if the employee commits a felony during the discharge of the employee’s duty as most other states do. So, based on Chauvin’s final rate of pay and his years in service, CNN figured he should receive about $50,000 per year without calculating any cost of living increases. He could, if he chooses, draw a fully vested pension at age 55; he is 44.

By the time he reaches 78, the average male life expectancy in the United States, he will have received $1.1 million, even if he is sitting behind bars.

Minnesota’s ...

How the Courts Are Using Compassionate Release to Fix Unfair Sentences

Compassionate Release:
It’s not up to the BOP Anymore

Previously, only the BOP could file a compassionate release motion, and you had to be on your death bed. Literally. Even then, you had a better chance of being struck by lightning and attacked by a shark on the same day. I don’t know what the statistics are for such a confluence of events, but I think it’s probably close to what your odds were for getting compassionate release under the old law.

People were actually dying while the BOP denied compassionate release requests and dragged its feet on others. Fortunately, Congress took notice. Under the First Step Act, Congress ...

Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing

The U.S. Court of Appeals for the Seventh Circuit held on June 19, 2020, that a district court resentencing someone again to the maximum sentence possible and well over double the recommended Guidelines sentencing range (“GSR”) must provide “especially compelling justification” for such a significant increase in the sentence. The holding reiterated the Court’s position that the Guidelines already take into account most details of an offense, and such deviations from the GSR must be rare.

Over 20 years ago, a jury convicted Jerry Jones of two car jackings, armed bank robbery, and using a firearm in furtherance of each of those crimes. The U.S. District Court for the Southern District of Indiana sentenced him to 70 years in federal prison without parole. Recently, Jones filed a “savings clause” petition challenging his sentence, which was granted. However, the same court simply resentenced him to the same 70 years, saying that his crimes were “horrific” and Jones was a “violent predatory individual.”

At resentencing, Jones’ new GSR was just 168-210 months on the substantive counts, plus the use of firearm convictions under the newly revised 18 U.S.C. § 924(c), in light of the First Step Act. His new ...

The Warrior Cop Mindset

Somewhere along the timeline to the present day, the warrior mentality inherent in the monikers has taken root in the psyche of America’s cops. It is not confined to street cops, either. It flows upward through command ranks, sometimes all the way to treetop levels, where decisions are made to foot the bill for additional training that turns average police officers into “warrior cops.”

Far from being the licensed peace officers they were originally commissioned to be, ...

Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt

The case came before the Court after Michael Chaparro was found guilty by a jury on three charges relating to accessing and transport of child pornography, all on separate dates. The investigation began in August 2014 when an IP (internet protocol) address sharing child pornography was traced back to a billing address for Chaparro’s grandmother’s house in Illinois. Four months later, local law enforcement armed with machine guns executed a search warrant at the house, but Chaparro wasn’t there. When he showed up later during the search, the smartphone he had in his possession was seized, along with two computers, all of which contained child pornography. He was eventually charged in March 2016, and he went to trial.

The question the Government had to answer at trial was exactly who had used the two computers at the house to access the child pornography. One of the computers was last used in early 2014, and the other hadn’t been ...

SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination

Andrus, 18, was high on marijuana and PCP when he attempted a carjacking. He shot and killed the driver of the car and a bystander. He was charged with capital murder.

At trial, his attorney – former Fort Bend County prosecutor James “Sid” Crowley – declined to present an opening statement. Then, after the State rested its case, the defense immediately rested as well. In his closing argument, Crowley conceded Andrus’ guilt and informed the jury that the trial would “boil down to the punishment phase ... that’s where we’ll be fighting.”

After the jury convicted Andrus, the trial proceeded to the penalty phase. Once again, Crowley made no opening statement. The State offered as evidence in aggravation that Andrus had displayed aggressive and hostile behavior while he had been confined in a juvenile detention center; that he had tattoos indicating gang affiliation; and that he had hit, kicked, and thrown excrement at prison officials while awaiting trial. Crowley made no material ...

Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination

Detective Bill Inglis believed Katelin Seo was responsible for sending up to 30 harassing calls or text messages to “D.S.” on a daily basis. The substance of the messages was consistent, but the messages came from different, unassigned numbers. Inglis suspected Seo placed the calls using an app or internet program to disguise her phone number.

As a result of Inglis’ investigation, Seo was charged with several offenses. Inglis arrested her and took possession of her locked iPhone. When Seo was asked for her password, she refused to provide it. Inglis then obtained two warrants. The first authorized a forensic download so that law enforcement could search for “incriminating evidence.” The second “compelled” Seo to unlock the device under threat of “the contempt powers of the court” if she refused to do so. Seo refused to unlock her iPhone, ...

California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes

Misael Vences Maya was convicted of his latest conviction (of several) for DUI and a separate conviction for felony possession of a controlled substance. Under Penal Code § 1170.18, subds. (f) and (g), he successfully applied to have the possession conviction reduced to a misdemeanor. He then sought to have the conviction expunged under Penal Code § 1203.4a(a), which contains the ‘‘honest and upright life” requirement.

Maya had been in immigration custody since completing his state sentence, and during that time, he refrained from drug use, attended Alcoholics Anonymous, and participated in fire camp, which, according to Maya, demonstrated that he had been living an honest and upright life as required by the statute.

The district court did not agree. While it did not mention his conduct while in custody, the court stated that “being in custody for substantial periods of time” is not equivalent to living “an honest and upright life.”

The Court of Appeal ...

Third Circuit: District Court Must Personally Address Defendant During Sentencing

A jury convicted Michael Scripps of seven counts of wire fraud for fraudulently transferring millions of dollars from the bank accounts of his mother and uncle into his own account. At sentencing, the U.S. District Court for the Eastern District of Pennsylvania indicated several times that Scripps could address the court to explain his actions. For example, the judge said to Scripps’s attorney, Michael Dezsi: “I haven’t heard acknowledgement just yet — maybe we’ll get there — of [Scripps’s] own responsibility for the choices he has made.... And he can tell me about them if he wants.”

Later, the judge asked Dezsi, “Does [Scripps] want to talk to me?” Dezsi told the judge he would confer with Scripps before doing that. As the hearing continued, the judge instructed Dezsi to “speak with [Scripps] about whether he wishes to speak to me.” Finally, just before imposing sentence, the judge again asked Dezsi if Scripps wished to speak. Dezsi said to the judge: “Your Honor, having discussed it - the matter with my ...

Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes

On January 22, 2018, Tom Lewis was released from prison. Five days later, he was in Wisconsin calling a methamphetamine (“meth”) supplier in California on behalf of Roberta Draheim. The two planned to purchase just under 50 grams of meth, and Lewis gave $400 to Draheim for his half of the purchase. Unbeknownst to Lewis, Draheim was under surveillance, and her phones were tapped. Police intercepted the package of meth when it was shipped. It contained just over half of what they had ordered: 28.6 grams of nearly pure meth or “ice.” On February 4, 2018, while still awaiting delivery of the package of ice, Draheim purchased just under two grams of mixed “street” meth from Lewis. The next day, police arrested Draheim, and Lewis was arrested three days later.

Lewis was indicted for meth distribution under 21 U.S.C. §§ 841, 846 which carry a maximum penalty of 20 years in prison. But in February 2019, ...

Police Body Cams Are not a Cure-All

There is a growing movement to defund police departments or at least reduce their budgets to divert funding to underserved community needs.

Police response? No, do not defund us. Instead, give us millions of dollars more. We will buy body cameras to fix all of the problems people are complaining about.

Academia weighed in on the issue through a 2016 University of Cambridge study on 2,000 U.S. and U.K. cops. They observed a huge drop in complaints about police resulting from “the ‘digital witness’ of the camera,” which caused positive improvements by everyone.

However, a trial study evaluating 2,224 Metropolitan officers in Washington, D.C., came to the opposite conclusion, reporting in 2019 that “cameras did not meaningfully affect police behavior on a range of outcomes, including complaints and use of force.”

Daniel Lawrence, a principal research associate at the Urban Institute’s Justice Policy Center in Washington, D.C., identifies three important factors concerning the effectiveness of body cams: ...

Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura

Maxwell F. Jones was convicted following a bench trial of operating a vehicle under the influence of an intoxicant (“OVUII”) in violation of Hawai’i Revised Statutes (“HRS”) § 291E-(a)(1) (Supp. 2014).

During Jones’ trial, arresting officer Joshua Wong testified as an expert for the State. He testified, over objection, that because Jones “failed” standard field sobriety tests (“SFST”), Jones was intoxicated. On cross-examination, Wong was asked whether “the conclusion of intoxication is not based on the field sobriety test, [but] the conclusion of intoxication is based upon what further testing is done at the police station, blood or breath or whatever?” Wong answered, “No, because if the person refuses to take a test, then how would we come to the conclusion that they’re intoxicated?”

In his appeal to the Intermediate Court of Appeals (“ICA”), Jones raised numerous assignments of error challenging Wong’s testimony. The ICA affirmed Jones’ conviction, and the Hawai’i Supreme Court granted Jones’ certiorari application. ...

Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving

by Douglas Ankney

NYC Mesh is a free community owned internet service provider in New York City that is operated by a group of activists. The activists’ new project involves archiving hundreds of gigabytes of the city’s surveillance camera footage in an effort to hold police accountable.

Aakash Patel, a volunteer for NYC Mesh, posted in a blog: “Currently, to witness and document an incident using the [Department of Transportation (“DOT”)] footage, you have to be watching the right camera at the right time and be ready to take a screenshot. The archive makes it possible to review footage after an event has taken place. By making this resource available to the public, we are providing another source of visual evidence.”

But there are some snags. For one, the DOT is hindering access to the information. For the first couple of days, Patel was able to archive more than 200 gigabytes of video each day. Then it slowed considerably.

As of June 2020, the archive included feeds from only two boroughs, Brooklyn and Manhattan. “I actually submitted a request to the city ... to get a formal feed of the cameras, as they would provide a news agency, and no ...

FBI Expands Ability to Surveil Social Media and Cellphone Location Data

by Douglas Ankney

May 26, 2020, demonstrations around the nation erupted over the police killing of George Floyd. Shortly afterwards, the FBI signed an expedited agreement to extend its relationship with Dataminr, The Intercept reported.

Dataminr is a company that monitors social media and had already had contracts with the FBI exceeding $1 million. A spokesperson for Dataminr said in a statement, “Dataminr provides the FBI with First Alert, a product that delivers breaking news alerts on emergency events, such as natural disasters, fires, explosions and shootings.”

But, The Intercept has learned that since the protests began, FBI agents have questioned one individual for simply tweeting in jest that they were members of the far-left, violent activist group “Antifa.” Other protest organizers have reported being questioned in their homes by the Joint Terrorism Task Force within hours of posting an event on social media.

A few days after extending its agreement with Dataminr, the FBI modified its agreement with Venntel, Inc., a technology firm that maps and sells the movements of millions of Americans. It purchases bulk location-tracking information, including cell-site location data, and sells it mostly to government agencies. Neither Venntel, nor its parent company Gravy Analytics, nor the ...

SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans

The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) lacked jurisdiction to prosecute him because he is a Native American, and his alleged crime occurred on tribal land. The decision has the potential for far reaching and profound implications for many, as it could result in hundreds of other convictions being overturned as prisoners argue that Oklahoma lacked subject matter jurisdiction to try them as well.

In 1997, Oklahoma convicted Jimcy McGirt of raping, molesting, and sodomizing a 4-year-old girl. He was sentenced to life plus 1,000 years in prison. He subsequently filed, pro se, a post-conviction petition arguing that Oklahoma lacked subject matter jurisdiction to try him because he was an enrolled member of the Seminole Nation of Oklahoma, and his charged offenses occurred on the Creek Reservation. Oklahoma courts rejected his arguments, and SCOTUS granted certiorari.

Justice Neil Gorsuch, joined by Justices Elena Kagan, Ruth Bader Ginsburg, Sonia Sotomayor, and Stephen Breyer, wrote that the appeal rested on the federal Major Crimes Act (“MCA”), 18 U.S.C. § 1153(a). The MCA provides that within “the Indian country ...

Nationwide Police Misconduct Database Available to Public

Amidst a call for more transparency in police departments across America, journalists from USA Today and its affiliated newsrooms began filing records requests under open records laws. They compiled 200,000 incidents of misconduct, 110,000 internal affairs investigations, and 30,000 decertifications from the nation’s 100 largest police forces and their surrounding departments. The latter was done to track movement of disciplined police among departments.

Police unions and legislators have conspired to enact special protections for records, keeping them from public scrutiny. They claim certain information if released could place police and their families in jeopardy. USA Today said it published these records to give the public an opportunity to examine departments and police misconduct as well as to identify police who have been decertified yet continue to work in law enforcement. It addresses the concerns that particular departments or individual police ...

California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively

Juan Marshall Rayford and Dupree Antoine Glass were each convicted of 11 counts of attempted willful, deliberate, premeditated murder and one count of shooting at an inhabited building and found true gang and firearms enhancements. The trial court sentenced each to 11 consecutive life sentences for the attempted murders and 20 additional years for each count on the firearms enhancements. It stayed the sentences on the gang enhancements and shooting at an inhabited dwelling.

The convictions stemmed from a 2004 shooting at the house of Sheila Williams, where she lived with her three daughters, Donisha, Shaddona, and Shontel.

Glass was 17 years old; Rayford was 18. Glass was friends with Donisha and a frequent guest who was considered a “member of the family.” Rayford went to school with one of Sheila’s daughters.

There was a party for friends and family at the house. Glass and Perry, Shelia’s 17-year-old nephew, began to argue. Glass gathered ...

Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial

In 2007, Linda and Todd Stermer were headed for divorce after Todd found out she was having an affair. During an argument, the house caught fire, and Todd died from burns and being run over by Linda with her vehicle. She was charged with his murder. The prosecution’s argument at trial was that Linda had set the fire and then ensured Todd was dead by running him over after he exited the house engulfed in flames. The defense theory was that Todd either intentionally set the fire and accidentally burned himself or that it was all an accident.

Linda never testified at trial, but the prosecutor used her statements to investigators to discredit her defense and show that her statements were contradictory. Before giving those statements to the jury, the prosecutor called Linda a liar at least five times and then closed by calling her a “diabolical, scheming, manipulative liar and a ...

Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence

(1) “Removing the one-writ limit: Previously, people were limited to filing” only one petition for a writ of actual innocence based on non-biological evidence, even when new evidence of innocence was later discovered.

(2) “Removing the bar on guilty pleas: Even though 1 in 10” (10%) of all DNA exonerees had pleaded “guilty to crimes they did not commit,” Virginia’s law did not permit those who had pleaded guilty to even petition for a writ of actual innocence.

(3) “Creating a reasonable burden of proof.” The law previously required the petitioner to establish by “clear and convincing evidence” that no rational juror would have found guilt beyond a reasonable doubt. Now the burden of proof is changed to “a preponderance of the evidence.”

Parolee Darnell Phillips testified before the legislature on the need ...

Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis

Before the Court was the appeal of Paul Haverkamp. He exchanged over 400 messages on the social media app KIK with an FBI undercover agent from March 17, 2017, through April 23, 2017. Haverkamp also sent the agent about 35 image and video files and shared a link to a cloud storage account that contained hundreds of files of child pornography, which included infants and toddlers.

A search warrant was executed at Haverkamp’s apartment in July 2017. At that time, he made incriminating statements. He pleaded guilty in June 2018 to two counts: (1) distribution and receipt of child pornography and (2) possession of child pornography.

The U.S. District Court for the Southern District of New York sentenced him to 121 months in prison followed by five years’ supervised release. It also imposed a $200 mandatory special assessment under 18 U.S.C. § 3013 and a $10,000 assessment under § 3014. A condition of the supervised release required Haverkamp to submit to computer monitoring to alert the ...

Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed

Jamil Lewis, 36, was arrested in his North Carolina residence on state charges involving sexual crimes against a minor. Police discovered a handgun in plain view in his residence, and due to a previous felony conviction, he was charged with possessing a firearm as a felon in violation of 18 U.S.C. §§ 922(g)(l) and 924. He pleaded guilty without a plea agreement.

The U.S. District Court for the Eastern District of North Carolina had received a federal probation office’s presentence report calculating his offense level as 17 and category as VI, with a Sentencing Guidelines range of 51 to 63 months. The report also noted that Lewis denied “ever drinking alcohol or using illicit substances” and no information to the contrary had been found.

Lewis submitted “character” letters from his mother and the mother of one of his children, Sydney Campbell. His mother described him as having ...

Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent

Anthony G. Beaudet-Close had an altercation with Luke Ault. Ault sustained life-threatening injuries, was hospitalized, and was in a coma.

Detective Walter Ah Mow videotaped his interrogation of Beaudet-Close. The video opened with Ah Mow confirming with Beaudet-Close that he had turned himself in and that he had reviewed the Advice of Rights form with Ah Mow. Beaudet-Close verbally waived his right to an attorney and his right to remain silent before signing the form.

Beaudet-Close then described the altercation: He had been walking to a gas station when a man approached him, saying, “There you are, we got some shit to settle.” The man identified himself as Ault and lunged at Beaudet-Close with a knife. Beaudet-Close said he punched Ault once and kicked him seven to eight times, including two or three kicks to the head. When Ault was on the ground, apparently unconscious, Beaudet-Close kicked the knife from Ault’s hand and then called police. But Beaudet-Close was scared, so he left when he heard ...

Extending the Surveillance State During the Pandemic

In New York City, police were ordered to enforce social distancing, often increasing interactions between police and citizens at a time when doing so can jeopardize the lives of both groups.

But these measures are being deployed unequally, with minority communities bearing the brunt of such tactics. A breakdown of arrests and summonses by the Brooklyn district attorney’s office shows 35 of the 40 people arrested for social distancing violations from March 17 to May 4 are Black.

“It would be great if the mayor would take a stronger stance because we know that ‘equal’ policing has not and will not happen, so we need more leadership in this area,” said Simone Gamble of Justice Committee, a NYC-based police reform group that teaches citizens how to monitor police by offering “cop-watch trainings,” and during the pandemic they advocate social distancing and wearing mask and gloves.

It is exactly this kind of counter-surveillance that ...

The Power of Filming Police

Six years ago, a poll taken after a similar killing showed that only 43% of Americans saw a wider trend of excessive police violence.

The new acknowledgment of problems in policing seems to cut across many social boundaries. Three-quarters of Americans support the protests sparked by Floyd’s killing, including a majority of Republicans and independents. A June poll released by Monmouth found that a strong majority of Americans, including half of White Americans, think police officers are more likely to mistreat Blacks than Whites.

The New York Times described this shift in opinion as a “drastic change,” and it is not necessary to look far afield to discover the impetus behind the change. While the influence of social justice activists and advocates for criminal justice reform should not be discounted, the most potent catalyst ...

Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance

Morocco Jacobi Wilkey was indicted in 2014 for possession of methamphetamine with intent to distribute. He went to trial in April 2015, and on the third day of trial, while his co-defendant was testifying for the State, Wilkey elected to enter a guilty plea.

At his April 28, 2015, sentencing hearing, but before his sentencing, Wilkey’s plea counsel informed the court that, since trial, it was learned that the co-defendant had an outstanding felony warrant for the sale of methamphetamine since “August of last year.” Despite the fact the co-defendant sat in the courtroom multiple times for trial, “the warrant was not executed, nor was that information turned over to the defense at trial and that her testimony was that she was just a user, that she didn’t sell drugs, and that’s why the drugs [at issue] were not hers.”

Counsel also stated, and no one disagreed, that Wilkey had 30 days to file a motion to withdraw his ...

Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B)

In the U.S. District Court for the Northern District of New York, Jeremy L. Thompson pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), and 846.

The Government had filed a sentencing enhancement information citing his prior conviction for attempted criminal sale of a controlled substance in the fifth degree, in violation of New York Penal Law § 220.31, which criminalizes the sale of hundreds of controlled substances listed in N.Y. Pub. Health Law § 3306.

Thompson admitted to the prior conviction but contested whether a § 220.31 conviction qualifies as a predicate “felony drug offense,” as required by § 841(b)(1)(B) to trigger enhancement under the categorical approach which, he argued, the district court was required to use. Under the categorical approach, a conviction may not be used for enhancement if the state ...

Guard Your Digital Privacy to Keep Your Real Self Safe

The ACLU has obtained data showing that one company, Geofeedia, was packaging data from the phones of people protesting the killing of Freddie Gray in the custody of Baltimore police. Since then, multiple stories have emerged about the Department of Homeland Security, including its sub-department ICE, using similar data to circumvent the law to catch drug smugglers and immigrants without papers.

Legislators seem either unwilling or unable to help solve this problem. The most aggressive legislation to date, the California Consumer Privacy Act (“CCPA”), was supposed to prevent the selling of consumer data without permission and require apps that collect location data to obtain user permission before doing so. The “requirement” turned out to be more of ...

What to Do if You’re Pepper-Sprayed

The most important tip, they say, is not to take a shower — yet. If you do, the pepper spray will run to your genitals and make things worse. Instead, take care of some initial things, like removing contact lenses, finding your asthma inhaler (if needed), and flushing your face with water.

Pepper spray is an oil extracted from peppers called oleoresin capsicum. It’s the stuff that makes peppers hot. “It will stick to your skin like super glue,” says Dr. Ernest Brown, a family doctor in Washington, D.C. He advises to use Milk Of Magnesia diluted with equal parts water to wash out your eyes. It’s an antacid found in most drug stores and usually sold in a blue bottle. If you don’t have this on hand, he says that tear-free baby shampoo also works.

Irrigation should be done for at least 15 minutes and with a device that uses pressure. A syringe or even a squirt gun works. When you’re ready to take a shower after flushing your eyes, do ...

Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization

In a letter sent by Oregon Senator Ron Wyden to Acting Director of National Intelligence Richard Grenell, he asked if the numbers disclosed by the government in its annual transparency report listing “unique identifiers” included its collection of web browsing, search histories, and emails from citizens and organizations.

Under § 215 of the PATRIOT Act (codified at 50 U.S.C. § 1861, with 11 lengthy subsections), the government is allowed to conduct mass surveillance of organizations, businesses, and citizens, all in the name of “national security.” But the data disclosed by the government in its report fails to say how those identifiers related to collected on web browsing and emails.

Wyden wrote in the letter that while clarification on this point “may help put into context the scale of the government’s collections of email communications, I’m concerned it does not necessarily apply to web browsing and internet searches.” He said the “ambiguity [in the government’s report] creates the likelihood the Congress and the ...

Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made

Randy Hamett, a carpenter by trade, was charged with kidnapping and several firearm offenses in the U.S. District Court for the Northern District of Oklahoma. He was appointed counsel and elected to go to trial, during which he requested to forgo counsel and represent himself. The trial judge then held a hearing and warned Hamett of the risks of trial without a lawyer. When the judge asked if he understood the elements of the charges the Government had to prove, Hamett told the judge he did not and asked for those elements. The judge, however, refused to give them to him and said they were in the jury instructions; the judge also said he was not going to give Hamett time to read them.

The judge allowed Hamett to proceed pro se, and the jury convicted him of every count. He was then sentenced to 20 years in federal prison without ...

After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder

The Last Resort Exoneration Project, headed by Lesley C. Risinger and her husband, D. Michael Risinger, worked tirelessly for nearly a decade to attack the credibility of the evidence, utilizing every resource available, including investigators, ballistic analysts, forensic pathologists, and a host of other experts.

Lesley Risinger had previously won the exoneration of two men in two previous cases without the luxury of faulty DNA analysis, and she did so prior to attending law school. Her husband, John J. Gibbons Professor of Law Emeritus at Seaton Hall University School of Law, is considered one of the foremost evidence scholars in the United States. Together, they make up The Last Resort Exoneration Project. Leslie, who understands the complexity of exoneration where no DNA exists, stated, “[w]ithout DNA evidence the road to justice and freedom is uphill—and it’s a very big hill. But if the DNA exonerations have ...

Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed

he Supreme Court of Colorado held that the “plea provisio [in Colo Rev. Stat. § 18-1-409(1) (2019)] does not preclude an appeal related to the manner in which the sentence was imposed, including the sufficiency and accuracy of the information on which the sentence was imposed.”

Before the Court was the appeal of Christopher David Sullivan. He accepted a plea agreement that provided he plead guilty to 40 substantive charges, including first degree burglary, aggravated robbery, aggravated motor theft, menacing with a deadly weapon, first degree assault, resisting arrest, and possession of weapon by a previous offender. The charges stemmed from a lengthy chase following a routine traffic stop. The district court sentenced him to 77 years’ imprisonment, which was within the 70- to 85-year range of the plea agreement.

During sentencing, the court misstated the statutory range on count 15, aggravated motor theft in the first degree, as three to 12 years instead of two to six years. No one caught the error at sentencing. On appeal, Sullivan argued that the district court had chosen the low end of what it believed to be the applicable range, but it had in fact sentenced him to ...

Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification

The U.S. Court of Appeals for the Sixth Circuit granted conditional habeas corpus relief to a Michigan prisoner who alleged that the use of shackles upon him during trial was unconstitutional and prejudiced his guilt determination. The majority of the Court’s opinion focused on the proper standard to determine if the error was harmless.

Ervine Lee Davenport was charged with first-degree murder in the January 13, 2007, death of Annette White. At trial, he claimed self-defense, but the jury found him guilty as charged.

“During the trial, Davenport had one hand cuffed, as well as shackles around his waist and ankles,” the Sixth Circuit noted. There also was a privacy curtain around the defense table. Defense counsel referred to the trial court’s “policy regarding the shackles” and requested they be removed during jury instruction. The court denied that request, and it made no on-the-record justification for the shackling.

On direct appeal, one of the issues Davenport raised was that “he was denied his due process rights when the trial court required him to wear shackles during the trial.” The appeals court affirmed, finding Davenport had “not shown that his restraints were visible to the jury” and ...

New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis

On a Friday night in April 2020, police arrested a child selling chips and candy at a Harlem subway station, grabbing and restraining him after he failed to obey commands to stop. The arrest came hours after the allegedly violent arrest, filmed by onlookers, of a man who refused to leave a different subway station when told to disburse.

“Government and businesses are drastically modifying practices to limit physical contact, and yet that practice has not been implemented by NYPD,” said the Legal Aid Society, in a letter to Mayor Bill de Blasio and Police Commissioner Dermot Shea.

“We are deeply concerned that our New York City government officials have not modified or reassessed how the NYPD interacts with already vulnerable communities,” it said. “In every aspect of life, we ...

Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County

In the 1960s, the U.S. Supreme Court ruled that all defendants have a constitutional right to adequate representation in the case Gideon v. Wainwright. Individual states were left with the decision of how to implement this new system, and most states allow judges to appoint public defenders from a rotational selection. But that system has not resulted in as random a selection as anticipated.

Sukhatme studied more than 29,000 cases in Harris County between 2005 and 2018. He examined the relationships between assignments, fees, and attorney bar records against data on elections and campaign contributions. The results showed that defense attorneys who donated to the appointing judges’ campaigns were assigned more cases and thus had higher earnings than other attorneys.

“What we find is shocking,” said the study, which appears in The Duke Law Journal. “While donor and nondonor attorneys appear similar in terms of their education and experience, on average, ...

Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense

In June 2014, Michael Glenn was charged with Terroristic Threatening in the First Degree. Upon motion of defense counsel, the circuit court appointed three doctors to evaluate Glenn to determine his fitness to proceed and his penal responsibility. Two of the three doctors found him unfit to proceed and opined that at the time of the offense his mental illness prevented him from being penally responsible. (In Hawai’i, lack of penal responsibility means a person either lacks the capacity to appreciate the wrongfulness of the person’s conduct or to conform the person’s conduct to the requirements of law. Hawai’i Revised Statutes (“HRS”) § 704-400.)

At a subsequent fitness hearing in October 2014, defense counsel informed the circuit court that Glenn himself did not believe he had a mental illness, and he disagreed with the conclusion that he was unfit to proceed. Glenn also stated he did not want to assert a defense based on lack of penal responsibility. Nevertheless, the circuit court found him unfit to proceed and committed Glenn to the ...

Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence

When Cheri Numazawa called 911 to report her purse was stolen by Larry Ikimaka, Kauai Police (“KPD”) stopped Ikimaka’s truck, and he admitted he had the purse. He said he would give it back to her, and she didn’t want to press charges. Neither was formally arrested, and Numazawa left after KPD refused to return her purse, claiming the truck and everything in it was “evidence.” Because Ikimaka stuck around at the scene, KPD officers read him his right to remain silent, which he elected to do, even though he wasn’t under arrest.

A dog sniff hours later alerted to drugs in the truck, and KPD used this to obtain a search warrant for the truck and its contents. KPD found drugs and paraphernalia in the truck, and in the purse they found more drugs and money. Both Numazawa and Ikimaka were then arrested on various drug charges. They went to trial, and KPD officers testified that ...

Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online

A few days after a shooting at Arapahoe High School, students from Littleton High School (“LHS”) got into an argument on Twitter with students from Thomas Jefferson High School (“TJHS”).

R.D., an LHS student, posted messages to J.W. and A.C., stating he would come to TJHS and kill A.C. and referred to A.C. as a “bitch” who would be “catching a bullet.” Along with his statements, R.D. posted a photograph of a handgun lying beside approximately 50 cartridges of ammunition.

Based on these tweets, the People filed a petition in delinquency charging R.D. with harassment under Colorado Revised Statute (“C.R.S.”) § 18-9-111(1)(e) (2013). R.D. moved to dismiss the charge on the ground that his statements were protected by the First Amendment of the U.S. Constitution and article II, § 10 of the Colorado Constitution.

The trial court denied R.D.’s motion to dismiss, finding that the tweets were a “type of speech not protected under the First Amendment.” At the ensuing bench trial, the juvenile court adjudicated R.D. delinquent in violation of § 18-9-111(1)(e). R.D. appealed, arguing that application of the ...

Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer

As a sheriff’s deputy attempted to pull Young over, he drove his vehicle onto a nearby residential property, stopped his car, and fled on foot. The deputy pursued, tased, and arrested him. The deputy then retraced Young’s path and found a small headphone case containing four grams of a mixture containing methamphetamine.

Young was charged and released. Later that same day, officers returned to the area where Young had stopped his vehicle and found a black bag containing 93 grams of a mixture containing methamphetamine. That night, the deputy rearrested Young. He consented to an interview and admitted to the deputy that he had possessed the smaller amount of methamphetamine but denied the larger amount was his. He then cut off questioning and revoked his consent to speak.

Four days later, while he was still in jail, he was interrogated by FBI Special Agent Kent Brown and a state narcotics agent. The interrogation was videotaped. After Young waived his Miranda rights, Brown showed him a federal ...

Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes

Edward Martin was convicted of sexual battery under California Penal Code § 243.4(a) in 1992. He was required to register for life under Cal. Penal Code § 290(a)(2)(A). Martin moved to Minnesota in 2000, went to prison, and was released in 2005 after being notified of his requirement to register, which he disputed.

When he was homeless in 2016, he was told he had to check in weekly to the local police department to comply with his registration requirement. He failed to do so, was later arrested, and convicted at a bench trial of failing to register.

Martin was convicted under Minn. Stat. § 243.166, subd. 6(d)(1). On appeal, the State conceded this was in error because 6(d)(1) is a statute that requires two priors to trigger lifetime registration. The State then cited subd. 6(d)(3), which requires lifetime registration for ...

Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts

The decision came after four different First Step Act motions in the U.S. District Court for the Central District of Illinois were all denied because the court there found that the amount of crack involved in each case rendered the movant ineligible for relief. Consolidating the cases for appeal, the Seventh Circuit concluded that each movant qualifies for relief since the FSA changed the statutory penalties for crack offenses, without regard to the facts of the case.

Under the FSA, Congress significantly increased the amount of crack needed to trigger the statutory penalties under 21 U.S.C. § 841(b)(1). Prior to the FSA, a first offense involving more than 5 grams of crack required a minimum five-year prison sentence, and more than 50 grams required at least 10 years. The FSA bumped up those crack amounts to 28 grams and 280 grams, respectively.

But the FSA applies only to persons sentenced ...

Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error

Eversole was tried by jury on charges of first-degree fleeing or evading, first-degree wanton endangerment, reckless driving, and being a first-degree persistent felony offender. During a lunch break, Juror #262 (“Juror”) reported an incident of attempted bribery to the bailiff. The bailiff informed the judge, who in turn called the Juror to the bench. Eversole wasn’t yet present in the courtroom. Even though defense counsel and the Commonwealth were present, neither party was called to the bench or made aware of the conversation.

At the bench, the Juror told the judge that an elderly man with a beard “offered me $50 to change my jury selection.” During the colloquy, the judge learned that the man offering the bribe did not refer to any particular case or request a vote of “guilty” or “not guilty.” The judge praised the Juror for reporting the incident but did not instruct the Juror to disregard the incident, inquire if the Juror was prejudiced by the ...

Ban the Box not Applicable to COVID-19 Stimulus Aid

This built-in impediment to employment for former prisoners has been eased somewhat over the past few years by a movement called Ban the Box. The “box” is the one on employment applications asking about an applicant’s criminal history. However, revelations from a 2011 study found that many prospective employers skirt the banned box by simply barring former prisoners from applying for a job. A full third of able-bodied, unemployed men in their prime have a criminal record; that’s a lot of people potentially frozen out of the job market. 

That number of unemployed former prisoners would likely be a lot higher were it not for the inner drive and entrepreneurial spirit of many of them who ...

Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup

All six of those eyewitnesses were wrong.

New DNA testing on biological material collected from underneath the victim’s fingernails cleared Grant and implicated another man, Jermarico Carter, who police said confessed to the killing. Carter has now been indicted for the murder by a grand jury, and Lydell Grant was released from prison. But his name has not been cleared.

Faith in eyewitnesses runs so deep that despite the overwhelming proof of Grant’s innocence, the Texas Court of Criminal Appeals refused his exoneration request. Instead, the court wants the six eyewitnesses who originally testified against Grant to respond to his claims of innocence.

It’s a fact that eyewitnesses make mistakes. There have been hundreds of cases in which mistaken eyewitness identification testimony led to the conviction of innocent people.

The puzzling question in this case, though, is why did six eyewitnesses ...

The Lunacy of Qualified Immunity

The legal doctrine of qualified immunity is a legalized adoption of this tenet as applied to public servants who commit a wrongful act during their official duties.

They are shielded from civil liability unless the plaintiff can prove the official had no notice that the act they were performing violated one or more constitutional rights that had been clearly established as a violation by a court, statute, law or policy adopted by their employing agency.

Basic moral societal behavior should be taught to all people beginning at a young age, starting with parents and reinforced by schoolteachers. These are things such as not stealing property from others and not lying. These are societal norms that should not have to be deemed wrong in specific circumstances by courts, legislatures or employing agencies, yet they are anyway.

A good example of qualified immunity lunacy involved two Fresno, California, police officers executing ...

Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters

A main chemical in tear gas is 2-chlorobenzylidene malonitrile, or “CS.” CS is a powder that is aerosolized when the canister or grenade containing it is discharged.

A 2016 scientific review revealed that the effects of CS can be redness, itching, rashes, and oozing blisters. When inhaled, CS causes coughing fits, choking, and chest tightness. In the eyes, CS can cause bleeding, tearing of the corneas, and possible traumatic nerve damage. The Centers for Disease Control and Prevention report that tear gas may cause “immediate death” from severe burns to the throat and lungs.

Security specialist Dan Kaszeta, who has written about tear gas in Nature and elsewhere, said in an email, “Tear gas is often used without proper care for consequences of employment. Many of the uses seen in previous days are problematic. Tear gas is originally meant to disperse crowds but many crowds have legal rights of assembly.”

Even though police training manuals warn against using it in confined spaces, ...

I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable.

Police culture can be insular and tough to penetrate, but the public can hold law enforcement accountable.

Here are important methods and context you need to know.

Link For Article Listed Below: https://www.propublica.org/article/i-cover-cops-as-an-investigative-reporter-here-are-five-ways-you-can-start-holding-your-department-accountable

by Andrew Ford, Asbury Park Press

This story was originally published by ProPublica. ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article was produced in partnership with the Asbury Park Press, which is a member of the ProPublica Local Reporting Network

The death of George Floyd at the hands of police in Minneapolis has drawn historic levels of interest in police misconduct and drawn condemnation from law enforcement leaders nationwide.

As a reporter covering law enforcement for the Asbury Park Press in New Jersey, and now in partnership with ProPublica’s Local Reporting Network, I use investigative reporting techniques to strengthen police accountability. Other journalists do the same. But, in truth, any citizen can apply the same methods to ensure the law enforcement system they’re funding is serving them well.

Police culture can be insular and tough to penetrate. But I’ve been surprised by how often it’s possible, though time consuming, to expose ...

News in Brief

Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the center line, then repeatedly demanded her ID but didn’t tell her why she’d been stopped.He allegedly forced her to the ground to handcuff her, then slammed her against her car, injuring her face and head, abc15.com and azcentral.com report. “Why don’t you act like a lady?” the officer asked. Said James Palestini, Valenzuela’s criminal defense attorney: “I was shocked. It was incredibly troubling to see a police officer that is supposed to protect the public to act the way he did — in such an aggressive manner.” Valenzuela was cleared of suspicion of DUI and the county attorney’s office told The Guardian that it was “dismissing the felony resisting charge,” citing review of bodycam video. Police said McGillis did not violate its use of force policy and that Valenzuela refused to cooperate.

California: Protesters marched in July 2020 to ask for justice in the death of Mely Corado, who was killed in ...

Problems With Predictive Policing

Without the luxury of pre-cognitive abilities, modern police agencies have come to rely on a suite of surveillance and data-crunching techniques called “predictive policing.” Predictive policing is a process whereby algorithms attempt to predict instances of crime, as well as victims and offenders, based on previous data.

While in theory this process could possibly enhance public safety, in practice it creates or worsens far more problems than it solves. Critics of predictive policing assert that problems with bad data, institutional biases in law enforcement, and a lack of transparency and public input undermine any effectiveness this new technique might bring to the table.

This criticism is not based on an instinctive distrust of law enforcement. AI Now Institute at NYU has studied predictive policing in 13 U.S. police jurisdictions that had recently been cited for illegal, corrupt, or biased practices. The study found that in nine of these jurisdictions, the predictive policing system produced outcomes that reflected the problems ...

 

 

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