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Article • March 16, 2019 • from CLN April, 2019
Filed under: Sentencing
N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge by Douglas Ankney by Douglas Ankney The Supreme Court of North Caro­lina ruled that hiring an undercover officer posing as a hit man to kill another person does not satisfy the element of …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Databases, Police
NYPD’s Controversial Use of Mugshot Database Searches by Matthew Clarke by Matt Clarke  The NYPD’s practice of using a crime victim or witness’ description of a perpetrator to generate a search of the department’s mugshot database, often generating hundreds of hits, has caused controversy and resulted in wrongful arrests.  New …
Article • March 16, 2019 • from CLN April, 2019
Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed by Chad Marks by Chad Marks December 21, 2018, changed the lives of many federal prisoners in facilities throughout the United States. That’s when President Trump signed the bipartisan First …
Appeals court provides new vehicle to challenge registration by Larry N. by Larry N., NARSOL We are excited to report that registrants in Pennsylvania now will have a new vehicle to challenge sex offender registration. The United States Court of Appeals for the Third Circuit Court handed down a precedential …
Article • March 15, 2019 • from CLN April, 2019
Filed under: junk science, FBI
The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree. by Ryan Gabrielson The bureau’s image unit has linked defendants to crime photographs for decades using unproven techniques and baseless statistics. Studies have begun to raise doubts about the unit’s methods. by Ryan Gabrielson, ProPublica At the FBI Laboratory …
Article • March 6, 2019
Can We Fight Crime With Public Shaming? by Kathi Valeii Humiliation-based punishments are designed as deterrents, but sentences that embarrass the most vulnerable among us are cruel, and represent the worst of American policies. by Kathi Valeii, DAME Magazine In November, several Bangladeshi immigrants who’d been convicted of food-stamp fraud …
Article • March 2, 2019
Judge Urges Prosecution to Appeal Dismissal of Murder Charge by Douglas Ankney by Douglas Ankney After a two-and-a-half-hour hearing, Judge Catherine Wilking of Natrona County, Wyoming, dismissed a first-degree murder charge against Jason T. John. During the hearing, and at its conclusion, Wilking urged that her decision be appealed. In …
Article • February 18, 2019
Texas no-knock raid proves deadly; no drugs found by Kevin Bliss by Kevin Bliss The Houston Police Department (“HPD”) conducted a no-knock search at the home of Dennis Tuttle and Rhogena Nicholas early this year. Heroin was allegedly being sold out of the home and the owners reportedly possessed a weapons’ stash. …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Juries, Trials
Jurors Showing More and More Savvy Toward Trial Evidence by Edward Lyon by Ed Lyon  For many decades, prosecutors have been the true kings of U.S. courtrooms. Longtime Dallas, Texas, prosecutor Henry Wade attained infamy for stating, “Guilty ones are easy to convict. It takes real effort to convict the …
Article • February 15, 2019 • from CLN March, 2019
Filed under: News in Brief
News in Brief by Alaska: Three men, including now-retired Missoula, Montana, police officer Casey Richardson, were sentenced at an Anchorage court hearing in January 2019 for their roles in hunting-related crimes within the Wrangell Saint Elias National Park and Preserve in Alaska during 2014 and 2015, according to the Fairbanks …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Police Misconduct
Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct by Derek Gilna by Derek Gilna Although bigger cities and states have gotten most of the negative publicity regarding police misconduct, Minnesota and its biggest city, Minneapolis, are drawing unwanted national attention for over $60 million in payouts the …
Article • February 15, 2019 • from CLN March, 2019
Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions by Dale Chappell by Dale Chappell Every year, innocent people go to prison, or even death row, because of government informants who lie to get a good deal in their own criminal case. The problem, studies show, is the …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Gang Policies
NYPD Gang Database Lacks Transparency, Limits Due Process by Kevin Bliss by Kevin Bliss The New York Police Department (“NYPD”) expanded its gang database to include more than 42,000 New Yorkers during a time when gang-related activity is at an all-time low in the city. Placement is secretive with little-known …
$175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer by One of two men protesting police brutality while carrying a sign reading “Fuck Bad Cops” was tased by a police officer, after which he sued for violation of his First and Fourth Amendment rights. In December 2018, …
Article • February 15, 2019 • from CLN March, 2019
Study: Racial Bias Inherent in the Jury Selection Process by Kevin Bliss by Kevin Bliss Wake Forest University criminal law professor Ronald Wright recently published a research paper, which proves—with statewide evidence—that the peremptory challenge process of jury selection in North Carolina trials is racially biased.  Prosecutors, who are first …
Article • February 15, 2019 • from CLN March, 2019
Filed under: junk science
Agencies: Bite-mark Forensics Outdated Science by Kevin Bliss by Kevin Bliss Critics contend that bite-mark evidence is an inconclusive forensic science and should be supported by other evidence when used in the prosecution of a defendant for any crime. To date, there have been 31 exonerations from re-examination of cases …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Bail
Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool by Virginia Griese by Virginia Griese An individual’s liberty may soon be in the hands of technology.  Pretrial risk-assessment algorithms will replace the cash bail system in California, thanks to S.B. 10, the new bail reform law signed by Governor Jerry …
Article • February 15, 2019 • from CLN March, 2019
San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center by Chesa Boudin stands out among the candidates for the 2019 district attorney race in San Francisco. Boudin, a deputy public defender, helped to lead efforts to reform the cash bail system and has earned support from …
Article • February 15, 2019 • from CLN March, 2019
New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback by Betty Nelander by Betty Nelander The tide is changing on police accountability and transparency in California with the passage and signing of the California Records Act (“SB-1421”) and Assembly Bill 748. But SB-1421, which was scheduled to take …
Article • February 15, 2019 • from CLN March, 2019
Filed under: Police
Facebook Tells Law Enforcement to Quit Using Phony Accounts by Dale Chappell by Dale Chappell Facebook recently told law enforcement to stop using fake accounts as a ruse to bust people on its service. The social media giant also shut down several law enforcement accounts that violated its policy against …
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