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Article • November 15, 2020 • from CLN December, 2020
Filed under: COVID-19, News in Brief
COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. With a global pandemic affecting nearly every aspect of traditional government operations, Syracuse University, in late spring of 2020, set out to evaluate the impact COVID-19 has had on …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Shackles
Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings by Anthony Accurso by Anthony Accurso The Supreme Court of Washington issued a ruling that both clarified the standards governing the use of shackles during all court appearances and criticized the adoption of blanket policies for shackling without …
Article • November 15, 2020 • from CLN December, 2020
Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration by Matthew Clarke   by Matt Clarke  The en banc Supreme Court of Colorado held that the successful completion of a deferred judgment for a sex offense, which resulted in the …
Article • November 15, 2020 • from CLN December, 2020
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § …
Article • November 15, 2020 • from CLN December, 2020
$12 Million Settlement Against Louisville, Kentucky by Edward Lyon   by Ed Lyon  A settlement with family was reached in the death of Breonna Taylor of Kentucky, an unarmed Black woman who was killed when undercover Louisville Metro police “blindly” fired 10 rounds into her apartment on March 13, 2020, …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Police Misconduct
Review Board Has No Power Over NYPD by Kevin Bliss by Kevin Bliss The New York Police Department (“NYPD”) has consistently hindered police misconduct allegation investigations, withholding documentation and body-camera footage, as well as advising its police not to cooperate with interviews. That’s according to an August 2020 article in …
Article • November 15, 2020 • from CLN December, 2020
Shielding Police Identities: A Law That Cuts Both Ways by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. Marsy’s Law, also known as the “crime victim bill of rights” designed to protect victims from their attackers when the latter are no longer incarcerated, is used by Florida police as a …
Article • November 15, 2020 • from CLN December, 2020
Exodus of a Baker’s Dozen by Edward Lyon   by Ed Lyon Since the Memorial Day killing of George Floyd while in police custody, protests against police brutality and systemic racism have grown. And, as various protests and incidents of excessive force by police make headlines, police chiefs are beating …
Article • November 15, 2020 • from CLN December, 2020
Proliferation of Police Drones Feeds Big Brother’s Need for Big Data by Anthony Accurso   by Anthony Accurso A recent article by Nick Mottern on Truthout.org highlights the growing trend of big data collection made possible by tech in policing, specifically the proliferation of drones with cameras. Julie Weiner was …
Article • November 15, 2020 • from CLN December, 2020
Filed under: News in Brief, Police
PBA Cards and the Problem with Police Discretion by Jayson Hawkins   by Jayson Hawkins Police officers have recently been under fire for excessive or even deadly force being used in routine arrests and traffic stops, but some critics have begun to draw attention to a different police behavior that …
Article • November 15, 2020 • from CLN December, 2020
Filed under: News in Brief
For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety by Kevin Bliss by Kevin Bliss Lexipol, a privately owned company that drafts policies for over 8,100 police departments, fire, EMS, correctional services, and other public safety agencies nationwide is being criticized by reform activists as doing the bare minimum …
Article • November 15, 2020 • from CLN December, 2020
Filed under: DNA Testing/Samples
Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned by Kevin Bliss by Kevin Bliss Eddie Lee Howard, Jr. was the thirty-fourth prisoner whose case has been overturned because of the debunked pseudo-science of bite mark forensics. After 30 years in prison, the district attorney now has the choice whether to …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Databases, News in Brief
Guilt by Google by Jayson Hawkins by Jayson Hawkins An extraordinary wealth of information is easily available if one only utters the magic word –  “Google.” The problem arises with the realization that though the Google-genie provides information, there is no guarantee that the information is accurate or fair. Questions …
Article • November 15, 2020 • from CLN December, 2020
Technology and Police Reform by Anthony Accurso by Anthony Accurso Technology innovation seems to impact every aspect of our lives in the modern era, but what roles should technology play in policing? As the national conversation has turned to police reform, technology’s roles are being questioned anew. Three technology trends …
Article • November 15, 2020 • from CLN December, 2020
Would the Real Officer Friendly Please Stand Up? by Casey Bastian by Casey J. Bastian In 1966, the official Officer Friendly program was first instituted by the Chicago Police Department. Shortly after inception, the program became sponsored by the Sears-Roebuck Foundation. This educational program was designed for elementary schools, focusing …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • November 15, 2020 • from CLN December, 2020
California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence by Douglas Ankney by Douglas Ankney Division One of the Fourth Appellate District of the California Court of Appeal reversed Rene Quintanilla, Jr.’s murder conviction because the Superior Court allowed as evidence …
Article • November 15, 2020 • from CLN December, 2020
Filed under: Editorials
From the Editors by   This issue of CLN is being provided to all Prison Legal News subscribers as a complimentary review copy. For those readers who may not be familiar with CLN, here’s a brief overview. CLN is a monthly print and online publication focusing on individuals’ legal rights as they pertain to interactions with …
Article • November 15, 2020 • from CLN December, 2020
Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa by Douglas Ankney   by Douglas Ankney The Supreme Court of Hawai’i announced that the standard for admission of third-party culpability evidence is the same as the relevancy test that …
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