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Article • August 17, 2018 • from CLN September, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • August 15, 2018 • from CLN September, 2018
There’s No Rational Way to Justify America’s Drug Laws by Maia Szalavitz People assume a medical committee sat down to consider which recreational drugs were the safest and least addictive, and this wise group decided alcohol and tobacco should be legal, while marijuana and everything else shouldn’t. That’s not what …
Secondary DNA Transfer: The Rarely Discussed Phenomenon That Can Place the Innocent (and the Dead) at a Crime Scene They’ve Never Been To by Christopher Zoukis by Christopher Zoukis In 1930, the French scientist Edmond Locard published a journal article in which he laid the groundwork for what would become …
ACLU Virginia -- Women in the Criminal Justice System - Pathways to Incarceration in Virginia, 2018 PHOTO: NARAL PRO-CHOICE OF AMERICA/FLICKR WOMEN IN THE CRIMINAL JUSTICE SYSTEM: PATHWAYS TO INCARCERATION IN VIRGINIA Acknowledgement First and foremost, we would like to thank the residents of Friends of Guest House in Fairfax, …
Publication • August 1, 2018
The Changing State of Recidivism: Fewer People Going Back to Prison, PEW Research Center, 2018 METHODOLOGYI The Changing State of Recidivism: Fewer People Going Back to Prison Data show the number returning 3 years later is down by nearly a quarter Trends in recidivism were analyzed using the National Corrections …
Publication • August 1, 2018
Office of the Inspector General: Review of the Justice Department's Clemency Initiative, 2018 Office of the Inspector General U.S. Department of Justice OVERSIGHT INTEGRITY GUIDANCE Review of the Department’s Clemency Initiative Evaluation and Inspections Division 18-04 August 2018 Executive Summary Review of the Department’s Clemency Initiative Introduction Results in Brief …
Two Men Unlawfully Searched and Falsely Arrested for Sitting in Vehicle Settle with Middletown, N.Y., Cops by Christopher Zoukis by Christopher Zoukis Patrick Ammirati and James Esposito, who were arrested and prosecuted over a speck that wasn’t even a drug after Middletown, New York, police found them suspiciously sitting in …
Article • July 21, 2018 • from CLN August, 2018
New Mexico Supreme Court: Seriousness of Charged Crime Itself Not Sufficient to Deny Defendant Pretrial Release by Dale Chappell by Dale Chappell A court must not automatically consider any single factor to be dispositive when deciding whether to deny or grant pretrial release, but must consider several factors on the …
Article • July 21, 2018 • from CLN August, 2018
Biased Facial Recognition Systems Are Coming to a Law Enforcement Agency Near You by Christopher Zoukis by Christopher Zoukis A new report from the Electronic Frontier Foundation (“EFF”) has revealed some disturbing facts about facial recognition systems, which are becoming very popular law enforcement investigative tools. According to the February …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Criminal Prosecution
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke by Matt Clarke On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State …
Article • July 21, 2018 • from CLN August, 2018
Seattle to Toss Old Pot Convictions by Seattle’s mayor and city attorney announced plans in February 2018 to request court dismissal of all misdemeanor marijuana possession convictions obtained in city courts before the drug’s legalization in 2012. When the convictions are vacated or dismissed, they will disappear from the records …
Article • July 21, 2018 • from CLN August, 2018
Missouri Supreme Court Clarifies No Resisting Arrest Charge Once Arrest is Completed by Dale Chappell by Dale Chappell A defendant trying to break free of an officer’s grip while already under arrest and in handcuffs was not “resisting arrest” because the defendant was not trying to prevent his arrest, the …
Article • July 21, 2018 • from CLN August, 2018
FBI Data Reveal ‘War on Cops’ is Nonexistent by Dale Chappell by Dale Chappell Where is the “war on cops” claimed by the country’s leaders? According to the Federal Bureau of Investigation’s annual report on law enforcement officers killed in the line of duty across the country, 93 cops died …
Article • July 20, 2018 • from CLN August, 2018
Delaware Supreme Court Reverses Criminally Negligent Homicide Because Conduct was ‘Too Remote’ from Cause of Death by Dale Chappell by Dale Chappell Conduct that was “too remote” from the cause of death could not support criminally negligent homicide, the Delaware Supreme Court held, reversing a juvenile’s adjudication. Tracy Cannon and …
Article • July 20, 2018 • from CLN August, 2018
Is FBI Using Classified Tools for Everyday Investigations? by Christopher Zoukis by Christopher Zoukis The website Techdirt.com reported on a Department of Justice Inspector General’s report looking into how the FBI uses classified tools meant for national security investigations in run-of-the-mill cases. It seems that government-developed software hacks, malware, and …
Article • July 20, 2018 • from CLN August, 2018
Legally Thrown in Jail for Wanting to File a Complaint Against Police by In a land where a person can be thrown in jail for wanting to file a complaint against the cops, that is called a “police state.” Here in the United States, the Constitution protects those who want …
Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs, Bail
District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’ by Proving that it can be done, Judge Coleen Kollar-Kotelly declined the Government’s request for an emergency stay in this case and, despite …
Article • July 20, 2018 • from CLN August, 2018
State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases by Betty Nelander by Betty Nelander One Vermont county is using the muscle of the law to help curb the deadly opioid epidemic. Chittenden County State’s Attorney Sarah George announced that her office will no longer prosecute “any citations …
Article • July 20, 2018 • from CLN August, 2018
Risk Assessment Software: Biased and No Better Than Human Behavior Prediction by Christopher Zoukis by Christopher Zoukis Risk assessment software is all the rage in criminal justice circles. Programs such as COMPAS — Correctional Offender Management Profiling for Alternative Sanctions — are hailed as the ideal method for answering the …
Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs
Daily Caller Investigation Lays Opiate Crisis at Feet of DEA by Derek Gilna by Derek Gilna The federal Drug Enforcement Agency (“DEA”) has contributed to the opioid crisis by more than tripling the number of individuals and organizations licensed to distribute controlled substances in the past 12 years, according an …
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