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Article • June 13, 2019
Legal limitations constrain Texas death penalty case by Edward Lyon by Ed Lyon Shortly after Adolph Hitler’s election as Germany’s chancellor; on the night of February 27, 1933; the Reichstag in Berlin, Germany, was allegedly burned by an arsonist. The next day, Hitler persuaded President Paul von Hindenburg to sign …
"I’m a child rapist” — a story in four parts by by NARSOL Part I: Introduction I had the opportunity to share my story recently as a speaker at a Restorative Justice conference. It was the first time outside of treatment that I’ve shared this much of my story and …
Forced Self-Incrimination by Larry N. by Larry N., NARSOL Maybe authorities will finally accept that the Fifth Amendment of the United States Constitution really protects individuals from compelled self-incrimination. At least it does in the state of Indiana, according to the United States Court of Appeals for the Seventh Circuit. …
Article • May 23, 2019
Insurance Companies Make $1000 For Each Speed Camera Ticket by California red light camera tickets boosted insurance industry profit by $1.5 billion over five years. From TheNewspaper.com Neither the cities that have traffic cameras nor the private companies that operate them are the biggest financial beneficiaries of photo enforcement. In states …
Article • May 22, 2019
Some Texas Judges Not Complying with State Law on Misdemeanor Cases by Edward Lyon by Ed Lyon Since 2010, Texas has been able to reduce the size of its prison system from an all-time high of 127 units to its current 104 units. A major factor contributing to this reduction …
Article • May 22, 2019
New Hampshire Death Penalty Repealed by The death penalty is now history in New Hampshire, the “Live Free or Die” state. Removing life from the death-sentence, so to speak, occurred in several votes. In April 2019, the state Senate voted 17-6 to repeal the death penalty. The House did likewise, …
Article • May 16, 2019 • from CLN June, 2019
Filed under: News in Brief
News in Brief by Delaware: Wilmington police Corporal Thomas Oliver Jr. faces charges of second-degree rape, extortion and official misconduct. The 11-year police department veteran allegedly pulled up to a female pedestrian in October 2018 and told her to sit in the patrol vehicle passenger seat, according to delawareonline.com. According …
Article • May 16, 2019 • from CLN June, 2019
Filed under: War on Drugs
Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles by Douglas Ankney by Douglas Ankney Prosecutors in Los Angeles are using computer algorithms to wipe out or reduce up to 50,000 old marijuana convictions, years after the drug was legalized by voters in California. The county …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Police
Criticizing Cops is a Criminal Act in Many States by Edward Lyon by Ed Lyon Most people are aware that slander and libel are civil torts for which they may be sued. In 1964, the U.S. Supreme Court set the standard of proof to be “actual malice” to prevail in …
Article • May 16, 2019 • from CLN June, 2019
Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers by Douglas Ankney by Douglas Ankney A law in Illinois that requires data to be reported from state and local police to the Illinois Department of Transportation is set to expire this July. Because …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Police, Racial Profiling
The Many Pitfalls Associated With Police Lineups by Edward Lyon by Ed Lyon  Anyone who has ever watched a police drama on television is acquainted with the way suspect lineups are supposed to be conducted. The key words here are “supposed to be conducted.” While many agencies probably conduct lineups …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Probation
Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation by Derek Gilna by Derek Gilna A December 2018 report by the Tennessee Comptroller of the Treasury after its audit of the state’s Private Probation Services Council found that it “did not adequately oversee private probation entities, putting probationers at risk.” …
Article • May 16, 2019 • from CLN June, 2019
If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer by Douglas Ankney by Douglas Ankney A new report from the U.S. Sentencing Commission reveals that the length of a defendant’s prison sentence increasingly depends on the whims of the judge. For example, in Philadelphia, some of …
Article • May 16, 2019 • from CLN June, 2019
Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder by The U.S. has seen a rise in exonerations in recent years. The National Registry of Exonerations (law.umich.edu) reports at least 139 exonerations in 2017, 166 in 2016 and 149 in 2015. But wrongfully convicted Ronald Stewart did not …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Immigration
New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail by David Reutter by David Reutter As a matter of first impression, the Court of Appeals of New York ruled that a noncitizen defendant charged with state crimes that carry …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit issued an order remanding a habeas case so that the district court could conduct an analysis of …
Article • May 15, 2019 • from CLN June, 2019
Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits by Pennsylvania Governor Tom Wolf signed into law in October 2018 three new provisions that will help convicts. Calling it “commonsense legislation,” Wolf said he intended to promote “smart sentencing reform” by approving the bipartisan …
Article • May 15, 2019 • from CLN June, 2019
Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety …
Article • May 15, 2019 • from CLN June, 2019
Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed by Dale Chappell by Dale Chappell  A Dallas County, Texas, judge who cops said would sign a blank warrant allowing them to do whatever they wanted was called into question by the District Attorney’s Office, which chose to drop the issue. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) …
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