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Problems With Predictive Policing by Jayson Hawkins by Jayson Hawkins Phillip K. Dick made the concept of “pre-crime” famous in his novel Minority Report, which described a future where people with “pre-cognitive” abilities could predict a crime and those predictions were used to arrest and convict “offenders.” Without the luxury …
Article • August 15, 2020 • from CLN September, 2020
Third Circuit: District Court Must Personally Address Defendant During Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit reaffirmed that a district court must personally invite a defendant to allocute at the time of sentencing. A jury convicted Michael Scripps of seven counts …
Article • August 15, 2020 • from CLN September, 2020
Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that a prosecutor’s improper comments to the jury during a murder trial, and counsel’s failure to object …
Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit explained the meaning of conduct that is “part of the same course of conduct or common scheme or plan” when …
Article • August 15, 2020 • from CLN September, 2020
Police Body Cams Are not a Cure-All by Edward Lyon by Ed Lyon George Floyd’s death at the knees of Minneapolis, Minnesota, police was the straw that broke the proverbial camel’s back as far as police brutality. People are fed up with reports of abuse, assault and deaths at the …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura by Douglas Ankney by Douglas Ankney On June 30, 2020, the Supreme Court of Hawai’i announced that, going forward, police officers are not permitted to testify in expert or lay capacity that a driver appeared …
Extending the Surveillance State During the Pandemic by Anthony Accurso by Anthony W. Accurso Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, …
SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney 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”) …
Article • August 15, 2020 • from CLN September, 2020
Nationwide Police Misconduct Database Available to Public by Kevin Bliss by Kevin Bliss USA Today, in conjunction with the Chicago-based nonprofit Invisible Institute, has compiled the largest database of instances of police misconduct — and it’s accessible by the public. The database contains disciplinary records for over 85,000 police officers …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Alternative Sentences
California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held on June 16, 2020, that the California Supreme Court’s decision limiting the kill zone theory in prosecutions for attempted premeditated murder …
Article • August 15, 2020 • from CLN September, 2020
Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes by Anthony Accurso by Anthony Accurso The Supreme Court of Minnesota reversed a Court of Appeals decision requiring a defendant to register as a predatory offender because proving the elements of the out-of-state conviction does …
Article • August 15, 2020 • from CLN September, 2020
Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky heldthat a trial court’s ex parte discussion with a juror who was offered a bribe was a structural error because it denied Steven …
Article • August 15, 2020 • from CLN September, 2020
Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on April 28, 2020, that eligibility under the First Step Act’s retroactive application of the Fair …
Article • August 15, 2020 • from CLN September, 2020
Ban the Box not Applicable to COVID-19 Stimulus Aid by Edward Lyon by Ed Lyon It is no secret that the inability to gain employment by prisoners who have either finished their sentences or been released from prison to parole is a major factor in recidivism. Returning to crime in …
Article • August 15, 2020 • from CLN September, 2020
The Lunacy of Qualified Immunity by Edward Lyon by Ed Lyon The entire premise underlying punishment is that the person being punished knew what they did was wrong before they acted but did the action anyway. If the person lacked the requisite knowledge of right and wrong, then they may …
Article • August 15, 2020 • from CLN September, 2020
Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters by Douglas Ankney by Douglas Ankney Tear gas is a chemical weapon banned by numerous international treaties from use in warfare. But as the images on the nightly news show us, police have used …
Article • August 15, 2020 • from CLN September, 2020
I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable. by Andrew Ford 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 • August 15, 2020 • from CLN September, 2020
Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup by Laura Smalarz by Laura Smalarz, Assistant Professor of Psychology, Arizona State University, The Conversation, July 4, 2020 Link to Article Below: https://theconversation.com/six-eyewitnesses-misidentified-a-murderer-heres-what-went-wrong-in-the-lineup-134767 On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in …
Article • August 15, 2020 • from CLN September, 2020
FBI Expands Ability to Surveil Social Media and Cellphone Location Data by Douglas Ankney 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 …
Article • August 15, 2020 • from CLN September, 2020
What to Do if You’re Pepper-Sprayed by Dale Chappell by Dale Chappell With law enforcement targeting anyone and everyone during recent demonstrations, here are a few tips from some experts on what to do if you’re pepper-sprayed. The most important tip, they say, is not to take a shower — …
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