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Article • December 15, 2020 • from CLN January, 2021
Texas Police S.W.A.T. Woman Over Anti-Cop Bumper Stickers by Edward Lyon by Ed Lyon Lauren Mestas of Austin, Texas, is an avid supporter of social justice and equality. She attended Black Lives Matter protests in Austin and was an eyewitness to the shooting of AK-47-toting Garrett Foster at the intersection …
Article • December 15, 2020 • from CLN January, 2021
Effective Crisis Management Without Police by Jayson Hawkins by Jayson Hawkins One of the many new elements in the recently energized movements for social justice and criminal justice reform is the call to “defund police.” Often misconstrued as a desire to do away with law enforcement altogether, defund advocates are …
Article • December 15, 2020 • from CLN January, 2021
Hip-Hop Police Bust Careers, Not Crime by Kevin Bliss by Kevin Bliss The New York Police Department’s (“NYPD”) Enterprise Operations Unit, also known as “the hip-hop police,” is accused of racially targeting rap bands. They surveil certain rappers, halt their video shoots, and stop their shows in an attempt to …
Article • December 15, 2020 • from CLN January, 2021
Michigan Supreme Court Reverses Murder Conviction Due to Unreliable, Suggestive Showup by Matthew Clarke by Matt Clarke The Supreme Court of Michigan held that a showup identification of the alleged shooter in a murder case was impermissibly suggestive and unreliable. Because the prosecution’s case was “significantly less persuasive” without the …
Article • December 15, 2020 • from CLN January, 2021
Startup Surveils Communities of Color for Police Using Twitter by Anthony Accurso by Anthony Accurso Twitter-oriented startup Dataminr markets itself as offering an AI-enabled tool designed to identify “threats” in real-time by scanning Twitter posts. Reporting by The Intercept shows, however, that humans are scanning Twitter feeds and creating “alerts” …
Article • December 15, 2020 • from CLN January, 2021
Report: Judicial System Gives Cops a Pass in New Jersey, Elsewhere by Michael Fortino, Ph.D by Michael Fortino, Ph.D. American law has a system of checks and balances to keep corruption and wrongdoing by those in power from overwhelming the system. When it comes to police misconduct, it seems there …
Article • December 15, 2020 • from CLN January, 2021
A New Style of Crime Documentary by Jayson Hawkins by Jayson Hawkins Documentaries about crime, especially murder, have been around for a very long time, but most merely seek to entertain or touch the nerve that compels people to watch tragedy unfold. These documentaries, regardless of whether they are feature-length …
Article • December 15, 2020 • from CLN January, 2021
Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia affirmed that the common-law right to resist an unlawful arrest continues to be the law in Georgia and announced …
Article • December 15, 2020 • from CLN January, 2021
Filed under: News in Brief
News in Brief by Alaska: A plan to shift the response to mental health crises away from police and into the hands of mental health professionals made strides in November 2020. The Assembly approved money to launch a mobile crisis intervention team. In Anchorage, it would operate at the fire …
Article • December 15, 2020 • from CLN January, 2021
Mother Calls 911 for Assistance With 13-Year-Old Autistic Son; Police Arrive and Shoot Him by Douglas Ankney by Douglas Ankney According to a September 9, 2020, report from USA Today, Salt Lake City, Utah resident Golda Barton called police because her 13-year-old son Linden Cameron was having a mental health …
Article • December 15, 2020 • from CLN January, 2021
Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i held that a search of a residence was unreasonable where officers knocked and announced their presence four times within …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law by Douglas Ankney by Douglas Ankney The Supreme Judicial Court (“SJC”) of Massachusetts announced that continuous, long-term pole camera surveillance targeting a residence is a search under article 14 of the …
Article • December 15, 2020 • from CLN January, 2021
Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel by Matthew Clarke by Matt Clarke The Supreme Court of Kentucky held that a criminal defendant had the right to be informed of an in-chambers hearing on the fitness and ability of …
Article • December 15, 2020 • from CLN January, 2021
Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial by David Reutter by David M. Reutter The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs. The Court’s opinion was issued in an …
Article • December 15, 2020 • from CLN January, 2021
Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations by David Reutter by David M. Reutter The Supreme Judicial Court of Massachusetts vacated a defendant’s guilty plea to a sentencing enhancement as involuntarily entered. In doing so, the Court held …
Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit ruled on October 9, 2020, that the U.S. District Court for the District of Wyoming plainly erred by imposing a sexual material prohibition …
Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a probation officer’s warrantless search of a probationer’s cellphone was unreasonable where the probation officer did not have reasonable suspicion to …
Article • December 15, 2020 • from CLN January, 2021
7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Seventh Circuit ruled that subject matter expertise alone is insufficient to establish the purity of methamphetamines accurately to support a Guidelines enhancement. Scott Carnell pleaded guilty to …
Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held that a district court’s “categorical” ban on using a witness’ recantation (and confession to the crime) as new evidence to show actual …
Article • December 15, 2020 • from CLN January, 2021
Denver 911 Calls Routed to Mental Health Professionals by Jayson Hawkins by Jayson Hawkins Imagine for a moment, you just lost your job. The lack of income might soon push you into homelessness and a host of other troubles. Out of exasperation, you sit down on the curb, head in …
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