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Article • December 15, 2020 • from CLN January, 2021
They’re Not Secret Police, Just Police by Anthony Accurso by Anthony Accurso Disturbing images were coming out of Portland, Oregon, where protesters were being arrested by camouflaged federal agents in unmarked vans and taken to undisclosed locations for “processing.” Lawmakers rightfully called this behavior reprehensible for its utter lack of …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Arrest and Booking, Police
Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence by Dale Chappell by Dale Chappell In a case that reiterated the limits a federal sentencing judge may consider at sentencing, the U.S. Court of Appeals for the Third Circuit held that when a sentencing judge relies on “bare” …
Article • March 18, 2020 • from CLN April, 2020
Kansas Supreme Court: State Failed to Prove Building Was a Dwelling by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Kansas, the Court affirmed the decision of the Court of Appeals that had reversed the burglary conviction of Charity Downing because the …
Article • November 18, 2019 • from CLN December, 2019
Filed under: Arrest and Booking
Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice by David Reutter by David Reutter The Supreme Judicial Court of Massachusetts affirmed the suppression of custodial statements where the translation of Miranda warnings into Spanish was inadequate to apprise the defendant …
Article • April 12, 2019 • from CLN May, 2019
Arrests Do Not Necessarily Represent Solved Crimes by Edward Lyon by Ed Lyon  Statistics show that the United States of America incarcerates more of its citizens per capita than any other legal jurisdiction in the world. The entry into the incarceration nation begins with the simple arrest by a member …
Article • December 21, 2018 • from CLN January, 2019
New York City Cops Using Supposedly Sealed Arrest Records by Edward Lyon by Ed Lyon Since 1976, arrests in New York that do not result in convictions are supposed to be sealed. Sealed meaning inaccessible through any background checks or public records, anywhere. This is meant to ensure that citizens …
Article • December 5, 2018 • from CLN December, 2018
Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief by Richard Resch by Richard Resch The U.S. Court of Appeals for the Ninth Circuit held that a California prisoner convicted of murder is entitled to habeas relief because a detective continued …
Article • July 21, 2018 • from CLN August, 2018
Pennsylvania Supreme Court Announces Search Warrant Required for Nonconsensual Entry into Any Residence to Carry Out Arrest Warrant by Richard Resch by Richard Resch The Supreme Court of Pennsylvania adopted a new rule governing nonconsensual entry into a residence to effectuate an arrest warrant. The Court rejected the constitutional framework …
Article • July 21, 2018 • from CLN August, 2018
Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell by Dale Chappell A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the …
Publication • April 23, 2018
Arrests as Guilt, Anna Roberts, Seattle University School of Law, 2018 ARRESTS AS GUILT Anna Roberts* An arrest puts a halt to one’s free life and may act as prelude to a new process. That new process—prosecution—may culminate in a finding of guilt. But arrest and guilt—concepts that are factually …
The Prison Industrial Complex: Mapping Private Sector Players APRIL 2018 | 1 About the Corrections Accountability Project The Corrections Accountability Project (CAP) at the Urban Justice Center is a non-profit criminal justice advocacy organization committed to eliminating the influence of commercial interests on the criminal legal system and ending the …
Article • December 28, 2017
No Qualified Immunity to Trooper Who Failed to Secure Treatment for Arrestee by Matthew Clarke by Matt Clarke On April 27, 2016, the Eighth Circuit held that an Arkansas state trooper was not entitled to qualified immunity when he failed to seek medical care for a man he arrested who …
Article • December 19, 2017 • from CLN January, 2018
DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …
Article • December 1, 2017
$100,000 Settlement in Atlanta False Arrest and Imprisonment by Christopher Zoukis By Christopher Zoukis A Georgia woman who claimed that she was wrongfully arrested and jailed settled her claims against the City of Atlanta for $100,000 in August 2013. Teresa Culpepper, 48, called 911 on August 21, 2011 to report …
Publication • February 10, 2016
Alternatives to Miranda Warnings, March, MLR (Cassell), 2001 Page 1 LEXSEE 99 MICH. L. REV. 898 Copyright (c) 2001 Michigan Law Review Michigan Law Review March, 2001 99 Mich. L. Rev. 898 LENGTH: 21506 words PANEL ONE: ALTERNATIVES TO THE MIRANDA WARNINGS: THE PATHS NOT TAKEN: THE SUPREME COURT'S FAILURES …
Brief • December 31, 2015
Glasgow v. City of New York, NY, Amended Complaint, Allleged Gun Possession, 2015 Case 1:14-cv-06243-LDH-CLP Document 31 Filed 12/13/15 Page 1 of 21 PageID #: 157 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------x RAUL GLASGOW and PATRINA CARTER, AMENDED COMPLAINT Plaintiffs, 14-CV-6243 Jury Trial Demanded -againstTHE CITY …
Publication
Nulr Cassell the Grand Illusion of Mirandas Defenders 1996 Page 1 LEXSEE 90 NORTHWESTERN U.L REV. 1084 Copyright (c) 1996 Northwestern University Law Review Northwestern University Law Review 90 Nw. U.L. Rev. 1084 LENGTH: 19089 words REPLY: ALL BENEFITS, NO COSTS: THE GRAND ILLUSION OF MIRANDA'S DEFENDERS NAME: Paul G. …
Publication
Nwlr Cassell Part I Mirandas Social Costs Empirical Reassessment 1996 Page 1 LEXSEE 90 NW. U.L. REV. 387 Copyright (c) 1996 Northwestern University Law Review Northwestern University Law Review Winter, 1996 90 Nw. U.L. Rev. 387 LENGTH: 25075 words ARTICLE: MIRANDA'S SOCIAL COSTS: AN EMPIRICAL REASSESSMENT NAME: Paul G. Cassell …
Publication
Ilr Cassell 18 Usc Sec 3501 Overhauling Miranda Oct 1999 Page 1 LEXSEE 85 IOWA L. REV. 175 Copyright (c) 1999 Iowa University Iowa Law Review October, 1999 85 Iowa L. Rev. 175 LENGTH: 38882 words ARTICLE: The Statute That Time Forgot: 18 U.S.C. § 3501 and the Overhauling of …
Publication
Aclr Cassell Will Miranda Survive Summer 2000 Page 1 LEXSEE 37 AM. CRIM. L. REV. 1165 Copyright (c) 2000 American Criminal Law Review American Criminal Law Review Summer, 2000 37 Am. Crim. L. Rev. 1165 LENGTH: 16573 words DEBATE: Will Miranda Survive?: Dickerson V. United States: The Right to Remain …
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