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Article • September 15, 2020 • from CLN October, 2020
Filed under: TV/Movies, Public Trial
SCOTUS Goes Live on Camera by Jayson Hawkins by Jayson Hawkins The Covid-19 pandemic has changed the way we live and conduct our business, yet some of those changes were long past due. Many relate to safety, others to convenience, and a few —namely with the U.S. Supreme Court — …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Habeas Corpus
Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law by Dale Chappell by Dale Chappell When a prisoner uses his one good shot at habeas corpus relief in federal court, it can be disheartening when the law that foreclosed relief changes after the case has been closed. The …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Protests, Cell-Phones
Protecting Your Phone at Protests by Douglas Ankney by Douglas Ankney As of the date of this article, protests continue against police brutality and systemic racism in the wake of the murder of George Floyd. While racism and police brutality are at least as old as America itself, Floyd’s death …
Article • September 15, 2020 • from CLN October, 2020
Filed under: News in Brief
News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …
Article • September 15, 2020 • from CLN October, 2020
New Colorado Law Kills Qualified Immunity for Cops by Dale Chappell by Dale Chappell Colorado became the first state to pass a law prohibiting law enforcement officers from invoking qualified immunity as a defense when they’re accused in a lawsuit of violating a citizen’s civil rights. Hopefully, the law passed …
Article • September 15, 2020 • from CLN October, 2020
Policing and Racial Bias by Kevin Bliss by Kevin Bliss Recent incidents of police shootings of unarmed civilians such as Michael Brown in Ferguson, Missouri; Tamir Rice in Cleveland, Ohio; and Breonna Taylor in Louisville, Kentucky, have sparked an interest into the psychology of the police and the effects of …
Article • September 15, 2020 • from CLN October, 2020
How COVID-19 Forces New Releasees Into ‘Survival Mode’ by Dale Chappell by Dale Chappell Imagine trying to get a job, health care, housing, or any other basic need without an ID, with every government office you need in order to get one closed because of the coronavirus pandemic. Those released …
Article • September 15, 2020 • from CLN October, 2020
Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory by David Reutter by David M. Reutter "Plea bargaining happens in almost every criminal case, yet there is little empirical study about what actually happens when prosecutors and defense lawyers negotiate,” begins a new study in the Cardozo …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Credits
Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Colorado reversed its earlier precedent and announced a new set of rules for determining when a defendant should be granted presentence confinement credit (“PSCC”). Derick Wayne Russell …
Article • September 15, 2020 • from CLN October, 2020
Government Agencies Expand Use of Private Companies to Bypass Constitution by Casey Bastian by Casey Bastian Most Americans are not aware that Vigilant Solutions has a product called “Law Enforcement Archival Reporting.” U.S. Customs and Border Protection (“CBP”) knows about it and reportedly uses its database to conduct warrantless surveillance. …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners by Dale Chappell by Dale Chappell The Supreme Court of California, on July 20, 2020, established a new time limit for filing subsequent habeas corpus petitions in state courts that clarifies when a …
Article • September 15, 2020 • from CLN October, 2020
Filed under: Police Misconduct, Protests
Defense Officials: Law Enforcement in Military Garb not Appropriate by Casey Bastian by Casey Bastian Protests against excessive force by police continue across the country. Demonstrations escalated after George Floyd was killed on a Minneapolis street in May. Portland, Oregon, received significant attention when violent acts began overshadowing the mostly …
Article • September 15, 2020 • from CLN October, 2020
Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions by Douglas Ankney by Douglas Ankney The Supreme Court of Nebraska announced that the appropriate remedy after vacatur of an enhanced sentence for vehicular homicide that was imposed in …
Article • September 15, 2020 • from CLN October, 2020
Minnesota Cops Use Contact Tracing to Track Protestor Networks by Anthony Accurso by Anthony Accurso Minnesota officials have used a variety of digital surveillance tools to track protestors, but now they openly admit to using contact-tracing apps to do so. According to Minnesota Public Safety Commissioner John Harrington, officials in …
Article • September 15, 2020 • from CLN October, 2020
When Police Caught Lying, the Spin Begins by Edward Lyon by Ed Lyon Traditionally, police have been the ones to call when a common citizen has been assaulted, robbed, had his home burgled, or a car stolen. They were called noble, even honorable names like Blue Knights or New Centurions …
Article • September 15, 2020 • from CLN October, 2020
Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites by Kevin Bliss by Kevin Bliss George Floyd’s death has led to intense scrutiny of the Minneapolis Police Department, including a State Department of Human Rights investigation launched June 2 to determine if the police have engaged …
Article • September 15, 2020 • from CLN October, 2020
New ‘Barcode’ System Puts DNA Sample to the Authenticity Test by Anthony Accurso by Anthony Accurso Researchers have developed a new system that could be used to ensure that the evidence processed in a laboratory is the same evidence that was collected in the field (e.g., from a crime scene). …
Risk Assessment Tools Perpetuate Inherent Biases and Prejudices by Kevin Bliss by Kevin Bliss Critics contend that the new bail reform risk assessment (“RA”) tools are corrupted in use and perpetuate the same racial and monetary biases that brought the practice of bail assignment into question to begin with. Most …
Article • September 15, 2020 • from CLN October, 2020
New York Police Act With Impunity During Protests by Kevin Bliss by Kevin Bliss Critics say the New York City Police Department (“NYPD”) is responding to protestors of George Floyd’s May 25, 2020, death with increased violence and no fear of repercussion. Accusations have been made of beatings, pepper spraying, …
Article • September 15, 2020 • from CLN October, 2020
From Detroit: How Not to Use Facial Recognition in Policing by Anthony Accurso by Anthony Accurso A June 24, 2020, article in The New York Times by Kashmir Hill recounts the wrongful imprisonment of a Detroit man due to misuse of facial-recognition software. In January 2020, Robert Julian-Borchak Williams was …
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