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Article • August 15, 2020 • from CLN September, 2020
Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on April 28, 2020, that eligibility under the First Step Act’s retroactive application of the Fair …
Article • August 15, 2020 • from CLN September, 2020
Ban the Box not Applicable to COVID-19 Stimulus Aid by Edward Lyon by Ed Lyon It is no secret that the inability to gain employment by prisoners who have either finished their sentences or been released from prison to parole is a major factor in recidivism. Returning to crime in …
Article • August 15, 2020 • from CLN September, 2020
The Lunacy of Qualified Immunity by Edward Lyon by Ed Lyon The entire premise underlying punishment is that the person being punished knew what they did was wrong before they acted but did the action anyway. If the person lacked the requisite knowledge of right and wrong, then they may …
Article • August 15, 2020 • from CLN September, 2020
Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters by Douglas Ankney by Douglas Ankney Tear gas is a chemical weapon banned by numerous international treaties from use in warfare. But as the images on the nightly news show us, police have used …
Article • August 15, 2020 • from CLN September, 2020
I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable. by Andrew Ford Police culture can be insular and tough to penetrate, but the public can hold law enforcement accountable. Here are important methods and context you need to know. Link For …
Article • August 15, 2020 • from CLN September, 2020
Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup by Laura Smalarz by Laura Smalarz, Assistant Professor of Psychology, Arizona State University, The Conversation, July 4, 2020 Link to Article Below: https://theconversation.com/six-eyewitnesses-misidentified-a-murderer-heres-what-went-wrong-in-the-lineup-134767 On the strength of six eyewitnesses’ lineup identifications, Lydell Grant was sentenced to life in …
Article • August 15, 2020 • from CLN September, 2020
FBI Expands Ability to Surveil Social Media and Cellphone Location Data by Douglas Ankney by Douglas Ankney May 26, 2020, demonstrations around the nation erupted over the police killing of George Floyd. Shortly afterwards, the FBI signed an expedited agreement to extend its relationship with Dataminr, The Intercept reported. Dataminr …
Article • August 15, 2020 • from CLN September, 2020
What to Do if You’re Pepper-Sprayed by Dale Chappell by Dale Chappell With law enforcement targeting anyone and everyone during recent demonstrations, here are a few tips from some experts on what to do if you’re pepper-sprayed. The most important tip, they say, is not to take a shower — …
After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Kevin Baker and Sean Washington, having served nearly 25 years on a double murder sentence and facing life in prison, never gave up hope because …
Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held on June 15, 2020, that a district court’s failure to fully advise a defendant of the elements of the charges and the …
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed by David Reutter by David M. Reutter he Supreme Court of Colorado held that the “plea provisio [in Colo Rev. Stat. § 18-1-409(1) (2019)] does not preclude an appeal related to the manner …
Article • August 15, 2020 • from CLN September, 2020
Filed under: COVID-19, Racial Profiling
New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis by Derek Gilna by Derek Gilna Arrest statistics and eyewitnesses seem to show that the New York City Police Department is continuing its pattern of making low-level arrests for non-violent crime in low income areas of the …
Article • August 15, 2020 • from CLN September, 2020
Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County by Kevin Bliss by Kevin Bliss Georgetown Law professor Neel Sukhatme and Texas Criminal Justice Coalition lawyer Jay Jenkins conducted a study of judges and their assignment of legal representation to indigent defendants in Harris County, Texas. They found …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence by Dale Chappell by Dale Chappell The Supreme Court of Hawai’i held on June 9, 2020, that a dog sniff search based on reasons unrelated to the original purpose of a proper traffic stop was an …
Article • August 15, 2020 • from CLN September, 2020
Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i announced that, going forward, trial courts have a duty to obtain a knowing and voluntary waiver of the penal-responsibility defense. In June …
Article • August 15, 2020 • from CLN September, 2020
Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online by Douglas Ankney by Douglas Ankney The Supreme Court of Colorado announced the framework for distinguishing a true threat from constitutionally protected speech. A few days after a shooting at Arapahoe High School, students from Littleton …
Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that Shane Thomas Young’s confession was involuntary because, under the …
Article • August 15, 2020 • from CLN September, 2020
Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence by Douglas Ankney by Douglas Ankney Perhaps now those who are actually innocent in Virginia will be able to prove their claims, thanks to legislation signed by Governor Ralph Northam. The Writ of …
Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit ruled that 18 U.S.C. § 3013 provides for an assessment to be applied on a per-offender basis, not a per-count …
Article • August 15, 2020 • from CLN September, 2020
Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fourth Circuit held that a criminal sentence was unreasonable where the district court failed to offer an explanation for a special condition …
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