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Article • September 15, 2020 • from CLN October, 2020
Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory by David Reutter by David M. Reutter "Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate,” begins a new study in the Cardozo …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Credits
Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Colorado reversed its earlier precedent and announced a new set of rules for determining when a defendant should be granted presentence confinement credit (“PSCC”). Derick Wayne Russell …
Article • September 15, 2020 • from CLN October, 2020
Government Agencies Expand Use of Private Companies to Bypass Constitution by Casey Bastian by Casey Bastian Most Americans are not aware that Vigilant Solutions has a product called “Law Enforcement Archival Reporting.” U.S. Customs and Border Protection (“CBP”) knows about it and reportedly uses its database to conduct warrantless surveillance. …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Police Misconduct, Protests
Defense Officials: Law Enforcement in Military Garb not Appropriate by Casey Bastian by Casey Bastian Protests against excessive force by police continue across the country. Demonstrations escalated after George Floyd was killed on a Minneapolis street in May. Portland, Oregon, received significant attention when violent acts began overshadowing the mostly …
Article • September 15, 2020 • from CLN October, 2020
Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions by Douglas Ankney by Douglas Ankney The Supreme Court of Nebraska announced that the appropriate remedy after vacatur of an enhanced sentence for vehicular homicide that was imposed in …
Article • September 15, 2020 • from CLN October, 2020
Minnesota Cops Use Contact Tracing to Track Protestor Networks by Anthony Accurso by Anthony Accurso Minnesota officials have used a variety of digital surveillance tools to track protestors, but now they openly admit to using contact-tracing apps to do so. According to Minnesota Public Safety Commissioner John Harrington, officials in …
Article • September 15, 2020 • from CLN October, 2020
When Police Caught Lying, the Spin Begins by Edward Lyon by Ed Lyon Traditionally, police have been the ones to call when a common citizen has been assaulted, robbed, had his home burgled, or a car stolen. They were called noble, even honorable names like Blue Knights or New Centurions …
Article • September 15, 2020 • from CLN October, 2020
Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites by Kevin Bliss by Kevin Bliss George Floyd’s death has led to intense scrutiny of the Minneapolis Police Department, including a State Department of Human Rights investigation launched June 2 to determine if the police have engaged …
Article • September 15, 2020 • from CLN October, 2020
New ‘Barcode’ System Puts DNA Sample to the Authenticity Test by Anthony Accurso by Anthony Accurso Researchers have developed a new system that could be used to ensure that the evidence processed in a laboratory is the same evidence that was collected in the field (e.g., from a crime scene). …
Risk Assessment Tools Perpetuate Inherent Biases and Prejudices by Kevin Bliss by Kevin Bliss Critics contend that the new bail reform risk assessment (“RA”) tools are corrupted in use and perpetuate the same racial and monetary biases that brought the practice of bail assignment into question to begin with. Most …
Article • September 15, 2020 • from CLN October, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
Article • September 15, 2020 • from CLN October, 2020
From Detroit: How Not to Use Facial Recognition in Policing by Anthony Accurso by Anthony Accurso A June 24, 2020, article in The New York Times by Kashmir Hill recounts the wrongful imprisonment of a Detroit man due to misuse of facial-recognition software. In January 2020, Robert Julian-Borchak Williams was …
Article • September 15, 2020 • from CLN October, 2020
Police Unions Buy Their Way Out of Reform by Kevin Bliss by Kevin Bliss The Guardian investigated two decades’ worth of campaign financial records in New York City, Los Angeles, and Chicago and found that police and police unions at the state and local levels have donated at least $87 …
Article • September 15, 2020 • from CLN October, 2020
Police Violence and the 14th Amendment by Jayson Hawkins by Jayson Hawkins The due process clause of the 14th Amendment to the U.S. Constitution provides that “no person shall be deprived of life, liberty, or property without due process of law.” The intent of the amendment was to restrain government …
Article • September 8, 2020
U.S. Sanctions Two International Criminal Court Prosecutors Investigating U.S. Officials by Derek Gilna by Derek Gilna U.S. sanctions have been imposed on two officials in the International Criminal Court(“ICC”) following the ICC’s 2019 decision to reopen an investigation into war crimes in Afghanistan. On September 2, 2020, U.S. Secretary of …
Article • September 8, 2020
Filed under: Recordings
Smart Devices Tapped Into by Police During Investigations by Kevin Bliss by Kevin Bliss Wired magazine reported earlier this year that police requests for smart-speaker user data from Amazon was up 24% from last year, 72% from the first time Amazon disclosed this information in 2016. Police have requested 3,000 …
Article • September 8, 2020
Filed under: Accidents, Police Chases
Police tactical intervention a deadly risk on roads by Kevin Bliss by Kevin Bliss A police tactical driving maneuver used at high speed has been responsible for killing 30 people and injuring hundreds of others since 2016, a Washington Post investigation reveals. PIT (precision immobilization technique), which involves a patrol …
Article • September 3, 2020
Feds Use Private Companies to Gather Cell Site Location Data to Bypass Search Warrant Requirement by Dale Chappell by Dale Chappell Federal agencies have been spying on citizens by buying cell site location data (“CSLI”) from private companies in order to avoid the requirement of a search warrant that they …
Article • September 2, 2020
Slew of Civil Rights Advocates File Amicus Briefs Urging First Circuit to Require Warrants for Searches of Devices at Border by Dale Chappell by Dale Chappell Several amicus briefs on behalf of dozens of civil rights groups and First Amendment scholars were filed in an appeal in the U.S. Court …
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