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Article • December 15, 2020 • from CLN January, 2021
Report: Judicial System Gives Cops a Pass in New Jersey, Elsewhere by Michael Fortino, Ph.D by Michael Fortino, Ph.D. American law has a system of checks and balances to keep corruption and wrongdoing by those in power from overwhelming the system. When it comes to police misconduct, it seems there …
Article • December 15, 2020 • from CLN January, 2021
A New Style of Crime Documentary by Jayson Hawkins by Jayson Hawkins Documentaries about crime, especially murder, have been around for a very long time, but most merely seek to entertain or touch the nerve that compels people to watch tragedy unfold. These documentaries, regardless of whether they are feature-length …
Article • December 15, 2020 • from CLN January, 2021
Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia affirmed that the common-law right to resist an unlawful arrest continues to be the law in Georgia and announced …
Article • December 15, 2020 • from CLN January, 2021
Filed under: News in Brief
News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …
Article • December 15, 2020 • from CLN January, 2021
Mother Calls 911 for Assistance With 13-Year-Old Autistic Son; Police Arrive and Shoot Him by Douglas Ankney by Douglas Ankney According to a September 9, 2020, report from USA Today, Salt Lake City, Utah resident Golda Barton called police because her 13-year-old son Linden Cameron was having a mental health …
Article • December 15, 2020 • from CLN January, 2021
Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law by Douglas Ankney by Douglas Ankney The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the …
Article • December 15, 2020 • from CLN January, 2021
Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a criminal defendant had the right to be informed of an in-chambers hearing on the fitness and ability of …
Article • December 15, 2020 • from CLN January, 2021
Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial by David Reutter by David M. Reutter The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs. The Court’s opinion was issued in an …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts vacated a defendant’s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held …
Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit ruled on October 9, 2020, that the U.S. District Court for the District of Wyoming plainly erred by imposing a sexual material prohibition …
Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a probation officer’s warrantless search of a probationer’s cellphone was unreasonable where the probation officer did not have reasonable suspicion to …
Article • December 15, 2020 • from CLN January, 2021
7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that subject matter expertise alone is insufficient to establish the purity of methamphetamines accurately to support a Guidelines enhancement. Scott Carnell pleaded guilty to …
Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that a district court’s “categorical” ban on using a witness’ recantation (and confession to the crime) as new evidence to show actual …
Article • December 15, 2020 • from CLN January, 2021
Denver 911 Calls Routed to Mental Health Professionals by Jayson Hawkins by Jayson Hawkins Imagine for a moment, you just lost your job. The lack of income might soon push you into homelessness and a host of other troubles. Out of exasperation, you sit down on the curb, head in …
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 • December 15, 2020 • from CLN January, 2021
Filed under: Forfeiture, Tax Law
Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire by Jayson Hawkins by Jayson Hawkins A 1999 Michigan state law provided for properties with unpaid taxes to be seized and rapidly resold by county treasurers. While this practice is not uncommon across the nation, a peculiarity of …
Article • December 15, 2020 • from CLN January, 2021
Who Pays for Police Surveillance? by Jayson Hawkins by Jayson Hawkins There is growing concern across society about the emergence of a surveillance state. The capacity of police to monitor phones, email, and other communication has been highlighted in recent incidents, but the most ubiquitous and invasive form of surveillance …
Article • December 15, 2020 • from CLN January, 2021
First Step Act Relief Shows Modest Results by Dale Chappell by Dale Chappell Coming up on the two-year anniversary of the First Step Act passed in 2018 to undo unfair sentencing practices and ease overcrowding in federal prisons, the numbers show, at best, a modest result for those who have …
Article • December 15, 2020 • from CLN January, 2021
Futuristic Crime Predictor Targets, Monitors People Across Florida County by David Reutter by David M. Reutter When Chris Nocco was appointed sheriff of Florida’s Pasco County, he said the agency would be “proactive” in reducing property crimes. His intelligence-led policing model would use data to predict where future crimes would …
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