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Article • January 17, 2019 • from CLN February, 2019
Pennsylvania Supreme Court Holds Defendant Unambiguously Invoked Right to Remain Silent Suppresses Confession and Derivative Physical Evidence and Announces New Rule by Chad Marks by Chad Marks The Supreme Court of Pennsylvania ruled that a police officer’s continued interrogation after the accused told the interrogator he was done talking violated …
Article • January 17, 2019 • from CLN February, 2019
Capital Punishment in the United States: Explained by Jessica Brand, Callie Heller by Jessica Brand and Callie Heller, The Appeal This explainer was produced by The Appeal, a nonprofit criminal justice news site. In August 2018, the state of Tennessee executed Billy Ray Irick, the first man executed in the …
Article • December 31, 2018 • from CLN January, 2019
How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims by Steve Horn by Steve Horn A cardinal rule of defense lawyering – or any lawyering, for that matter – is to zealously advocate on behalf of your client. Yet in many states, incentive systems exist for …
Article • December 31, 2018 • from CLN January, 2019
Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania by Dale Chappell by Dale Chappell A woman in Cumberland County, Pennsylvania, pleaded guilty to stealing $25 in merchandise in 2016. It cost her almost $600 to plead guilty. A man in Fairview Township, Pennsylvania, pleaded guilty to possession of a …
Article • December 31, 2018 • from CLN January, 2019
Filed under: Sentencing, Parole, Juveniles
California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute by Christopher Zoukis by Christopher Zoukis The Court of Appeal of California, Second Appellate District, ruled that a statute granting prisoners who were convicted as youth offenders improved parole eligibility possibilities supersedes a different statute that requires …
Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records by Edward Lyon by Ed Lyon Some of the lines to one of late country music singer Merle Haggard’s famous hit songs were about a “branded man, out in the cold.” He was lamenting that no one …
Article • December 30, 2018 • from CLN January, 2019
Homeland Security One Step Closer to Becoming Big Brother Incarnate by Christopher Zoukis by Christopher Zoukis The United States Department of Homeland Security (“DHS”) has taken a giant leap toward achieving its apparent goal of knowing everything about everyone: the development and launch of the Homeland Advanced Recognition Technology (“HART”) …
Article • December 30, 2018 • from CLN January, 2019
St. Louis Police Department Fighting Prosecution Exclusion List by Kevin Bliss by Kevin Bliss St. Louis Circuit Attorney Kim Gardner has a list of 28 of the city’s police department officers whose cases her office will no longer accept, citing credibility issues. Already Gardner’s office has refused the prosecution of …
Article • December 30, 2018 • from CLN January, 2019
Filed under: junk science
Junk Sciences and Scientists Strike Again in Texas by Edward Lyon by Ed Lyon It is an unfortunate byproduct in the age of mass incarceration in the United States that there are a great many wrongful convictions. Despite its negative reputation in the criminal justice area, Texas has been slowly …
Article • December 30, 2018 • from CLN January, 2019
Global Voice Recognition Database Alarms Privacy Groups by Kevin Bliss by Kevin Bliss Human rights watchdog organizations are alarmed over the new Speaker Identification Integrated Project (“SiiP”), a voice biometric database utilized by Interpol, the International Criminal Police Organization, for law enforcement purposes. Created by Verint, a multinational biometrics company, …
Article • December 30, 2018 • from CLN January, 2019
Philadelphia Pays Out Millions to Settle Police Shootings by Edward Lyon by Ed Lyon Philadelphia, Pennsylvania. Supposedly the “city of brotherly love.” The sentiment expressed in the moniker is apparently not shared, observed, or even practiced by some members of the city’s police department. During an August 2012 traffic stop, …
Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes by Derek Gilna by Derek Gilna Dr. Faye Skelton of Napier University in Edinburgh, Scotland, has published a report detailing the tendency of some individuals to confess to crimes they did not commit. She noted that research from …
Article • December 30, 2018 • from CLN January, 2019
U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims by Christopher Zoukis by Christopher Zoukis A report from The Guardian reveals that the United States government paid out more than $60 million over a 12-year period to settle claims of violence by Customs and Border Patrol …
Article • December 29, 2018 • from CLN January, 2019
New Hampshire’s Secret List of Problematic Cops Gets Worse by Dale Chappell by Dale Chappell New Hampshire’s secret list of corrupt and problem cops just got worse. On April 30, Governor Chris Sununu and Attorney General Gordon MacDonald announced that individual cops won’t be placed on the list prior to …
Article • December 29, 2018 • from CLN January, 2019
Crime Labs Falling Short by Edward Lyon by Ed Lyon Whenever most people hear about DNA testing in criminal cases, they invariably envision well-equipped, sterile labs like the ones depicted in television dramas such as CSI: Crime Scene Investigation or Bones. However, a study by the National Institute of Standards …
Article • December 29, 2018 • from CLN January, 2019
Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Eleventh Circuit ruled against a Martin County, Florida, deputy sheriff who seized an iPhone used by a bystander to take pictures and video …
Article • December 29, 2018 • from CLN January, 2019
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit ruled that conspiracy to commit murder in aid of racketeering, in violation …
Article • December 29, 2018 • from CLN January, 2019
Colorado Leads U.S. in Suppression of Court Cases by Kevin Bliss by Kevin Bliss The Denver Post reported that it had found a cache of suppressed court cases in Colorado. More than 6,700 cases, mostly criminal (including some involving violent felonies), had been restricted from public access since 2013. Many …
Article • December 29, 2018 • from CLN January, 2019
Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy by Richard Resch by Richard Resch The Supreme Court of Kansas held the warrantless search of defendant’s purse and wallet following a traffic accident violated her Fourth Amendment rights because the search …
Article • December 29, 2018 • from CLN January, 2019
Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings by Dale Chappell by Dale Chappell The Supreme Judicial Court of Massachusetts held that when a sex offender required to register requests to be reclassified at …
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