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Article • November 6, 2018 • from CLN November, 2018
Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction by Derek Gilna by Derek Gilna Crystal Mason, who had previously been convicted of tax fraud in 2011, will now serve a five-year sentence after being convicted in March 2018 of illegally voting in the 2016 presidential …
Article • November 6, 2018 • from CLN November, 2018
Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding by Dale Chappell by Dale Chappell Announcing a new rule to protect the constitutional rights of criminal defendants who face both probation revocation and new criminal charges, the Nevada Supreme Court held that testimony and evidence …
Article • November 1, 2018 • from CLN November, 2018
Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology by Derek Gilna by Derek Gilna Yet another example of how the judicial and legislative branches are falling behind the curve in protecting American citizens from undisclosed forms of surveillance and classification was revealed in a report by the …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Criminal Prosecution
Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed by David Reutter by David Reutter The Supreme Court of Indiana held that Indiana Code § 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant …
Article • November 1, 2018 • from CLN November, 2018
Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial by Steve Horn by Steve Horn The Sixth Amendment to the U.S. Constitution guarantees a right to trial by jury, but a new report documents that in the U.S. criminal justice system, trials have …
Article • November 1, 2018 • from CLN November, 2018
Filed under: Criminal Prosecution
Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her by While age of consent to have sex is 16 in Ohio, it is not the age of consent to take sexy photos of minors in the nude. In fact, …
Justice Policy Institute: The Ungers, 5 Years and Counting - A Case Study in Safely Reducing Long Prison Terms and Saving Taxpayer Dollars, 2018 NOVEMBER, 2018 1 Acknowledgments THIS REPORT IS THE RESULT OF THE COLLABORATIVE AND CUMULATIVE EFFORTS OF SEVERAL ORGANIZATIONS AND INDIVIDUALS OVER SEVERAL YEARS. THE “UNGER STORY” …
The Power of the Prosecutor: A Personal Account by Ashley Sawyer by Ashley Sawyer, Campaign for Smart Justice Consultant, ACLU of Vermont Have you ever watched an episode of “Law & Order”? The creators do an amazing job of dramatizing the court process. The characters playing the prosecutors are always …
Article • October 30, 2018
News Probe: California Drug Deputies Target Latino Motorists by Kevin Bliss by Ed Lyon Throughout the United States, the federal government’s law enforcement agencies team up with local law enforcement agencies to form various task forces to monitor high-intensity drug trafficking routes. One such avenue is a stretch of highway …
Article • October 26, 2018 • from CLN November, 2018
Pennsylvania Police Use Hate Crime Law Against People Who Verbally Abuse Them, Dramatically Increasing Potential Jail Time by Kevin Bliss by Kevin Bliss Catherine Roper, deputy legal director of the Pennsylvania ACLU, wrote in her blog of the recent arrests and charges of hate crimes against citizens because they used …
Publication • October 16, 2018
Letter in support of Fare Evasion Decriminalization Amendment Act in DC - Oct 2018
Arabella Advisors: Understanding and Confronting the Prison-Industrial Complex - An Overview for Philanthropists, 2018 Understanding and Confronting the Prison-Industrial Complex An Overview for Philanthropists OCTOBER 2018 UNDERSTANDING AND CONFRONTING THE PRISON-INDUSTRIAL COMPLEX A BO UT T H E REPORT As part of its commitment to learning, Robert Wood Johnson Foundation …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Victims
Victims’ Rights Laws a Threat to Due Process by “Marsy’s Law,” an effort to afford victims equal rights as those accused, might seem like a good idea at first blush, but a deeper look shows it is poorly drafted and actually threatens existing constitutional safeguards. Victims’ rights and defendants’ rights …
Article • September 24, 2018 • from CLN October, 2018
Private DNA Lab Under Fire for Faulty Analysis by Christopher Zoukis by Christopher Zoukis National Medical Services, Inc. (“NMS”), a Pennsylvania-based forensics and medical lab, was cited in a recent report by the Texas Forensic Science Commission (“TFSC”) for improperly overamplifying DNA during work for a defense attorney. The “overblown” …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Your Papers, May I See Your Papers? by Christopher Zoukis by Christopher Zoukis The United States is one of the only nations left in the world that does not have a national ID card. It also is one of the last remaining places where an individual does not have to …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Crime Labs
Hair Analysis a Useful but Not Foolproof Forensic Tool by Derek Gilna by Derek Gilna Richard Paul, a Bournemouth University, England, chemistry professor and specialist in toxicological hair analysis, maintains that although the relatively new technology can be useful, it is far from foolproof. He cautions that even though the …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Statistics/Trends
Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures by Derek Gilna by Derek Gilna The Louisiana Sheriffs’ Association was forced to backtrack from an April 19, 2018, statement that Louisiana jails hold about 1,300 individuals in jail over four years without standing trial and 70 for more than five …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Prosecution
Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant by Richard Resch by Richard Resch The Supreme Court of Idaho held that prosecution of the defendant under a state statute that imposes a duty on anyone who discovers or has custody of a body to promptly notify …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Criminal Prosecution
From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting by Matthew Clarke by Matt Clarke Across the country, retailers’ associations are lobbying legislatures to stiffen the punishment for retail theft, allegedly to prevent “organized retail crime,” a fuzzy term often used to describe repeated shoplifting. …
Article • September 24, 2018 • from CLN October, 2018
Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors by Christopher Zoukis by Christopher Zoukis The former director of forensic science at the New York Department of Criminal Justice Services (“DCJS”) said the Office of Forensic Science (“OFS”) made three “catastrophic” DNA identification errors and falsified …
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