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Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs, Bail
District Court Grants Bail in a Drug Case Over Government’s Typical Assertion That ‘No Condition or Combination of Conditions Would Reasonably Assure the Defendant’s Presence at Trial’ by Proving that it can be done, Judge Coleen Kollar-Kotelly declined the Government’s request for an emergency stay in this case and, despite …
Article • July 20, 2018 • from CLN August, 2018
Powerful District Attorney Lobbies Improperly Influence Law Making by Matthew Clarke by Matt Clarke Around the nation, powerful lobbying groups composed of associations of prosecutors are influencing state legislatures to reject certain laws, regardless of how popular the proposed laws are with the electorate. In his January 2018 State of …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Police
NYPD Hands Out Business Cards So Suspects Can Rate Their Encounter with Cops by “How’m I doing?” The old saying of former New York Mayor Ed Koch just became the motto of the New York Police Department (“NYPD”). Now getting questioned by an NYPD officer includes a business card directing …
Article • July 20, 2018 • from CLN August, 2018
State Attorney in Vermont Won’t Prosecute Misdemeanor Opioid Treatment Drug Cases by Betty Nelander by Betty Nelander One Vermont county is using the muscle of the law to help curb the deadly opioid epidemic. Chittenden County State’s Attorney Sarah George announced that her office will no longer prosecute “any citations …
Article • July 20, 2018 • from CLN August, 2018
Filed under: News in Brief
News in Brief by Australia: A Facebook post by the New South Wales Police warned concert-goers headed for the Above & Beyond music festival June 9, 2018, in Sydney that they would be met at the venue gates by drug-sniffing dogs on patrol. The post, by South West Metropolitan Region …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
Article • July 20, 2018 • from CLN August, 2018
The Long, Dark History of Law Enforcement’s Warrantless Bus Searches by Steve Horn by Steve Horn The more things change, the more they stay the same. That’s a truism to many observers of history and politics, but in the orbit of the U.S. criminal legal system, it’s literally governed by …
Article • July 20, 2018 • from CLN August, 2018
Filed under: Jury Instructions, Juries
Louisiana Supreme Court: Jury May Not Speculate on Guilt When Evidence Is Lacking by Dale Chappell by Dale Chappell Where the evidence was lacking and the jury could only speculate as to the defendant’s guilt, the Supreme Court of Louisiana reversed the defendant’s conviction and entered a judgment of acquittal, …
Article • July 20, 2018 • from CLN August, 2018
Risk Assessment Software: Biased and No Better Than Human Behavior Prediction by Christopher Zoukis by Christopher Zoukis Risk assessment software is all the rage in criminal justice circles. Programs such as COMPAS — Correctional Offender Management Profiling for Alternative Sanctions — are hailed as the ideal method for answering the …
Article • July 20, 2018 • from CLN August, 2018
Filed under: War on Drugs
Daily Caller Investigation Lays Opiate Crisis at Feet of DEA by Derek Gilna by Derek Gilna The federal Drug Enforcement Agency (“DEA”) has contributed to the opioid crisis by more than tripling the number of individuals and organizations licensed to distribute controlled substances in the past 12 years, according an …
Article • July 20, 2018 • from CLN August, 2018
SCOTUS: Warrantless Invasion of Curtilage to Conduct Search Unconstitutional by Richard Resch by Richard Resch In a May 29, 2018 opinion, the Supreme Court of the United States (“SCOTUS”) held that the automobile exception to the Fourth Amendment does not permit law enforcement to enter the curtilage of a home, …
Article • July 20, 2018 • from CLN August, 2018
Dial T for Tyranny: While America Feuds, the Police State Shifts Into High Gear by John W. Whitehead by John W. Whitehead, Commentary, The Rutherford Institute What characterizes American government today is not so much dysfunctional politics as it is ruthlessly contrived governance carried out behind the entertaining, distracting and …
Article • July 20, 2018 • from CLN August, 2018
Non-Unanimous Jury Verdicts Give Prosecutors ‘Awesome Power’ and Have Racist Roots by Dale Chappell by Dale Chappell Only Louisiana and Oregon allow non-unanimous jury verdicts to convict. In both states, the law allows just 10 of the 12 jurors to agree a person is guilty. While such laws give prosecutors …
Article • July 8, 2018
Filed under: Shootings, Media, Police
Nearly 43 percent of Spokane police shootings were Native Americans by R. Bailey by R. Bailey Native Americans in Spokane, Washington, are alarmed at how frequent and inhumane their encounters with the Spokane Police Department ("SPD") have become. Of the seven officer shootings by the SPD in 2017, three were …
Article • July 8, 2018
$25,000 Settlement Offer from NYPD over Assault, False Arrest Accepted by Parolee by Christopher Zoukis by Christopher Zoukis Jose Perez, a parolee who was assaulted, arrested and re-imprisoned over charges that were later dismissed, agreed to a $25,000 settlement with New York City in response to a federal suit alleging …
Article • July 8, 2018
$30,000 Settlement for Brooklyn Man Falsely Arrested by NYPD by Christopher Zoukis by Christopher Zoukis Derrick Baxton, who was arrested by officers of the New York Police Department with no evidence of wrongdoing, settled his federal civil rights lawsuit with the city of New York for $30,000.      On February …
Article • July 8, 2018
$91,615 Awarded to Injured Aramark Employee After Indiana Jury Finds Against Prison by Christopher Zoukis by Christopher Zoukis  An employee with Aramark, a government service contractor, who suffered a back injury that required surgery after having to force open a gate at an Indiana prison, was awarded damages of $91,615 …
Disabled Louisiana Police Department Employee Settles Discrimination Suit with City by Christopher Zoukis by Christopher Zoukis Walter Steele, a city employee who worked with the Oakland Police Department in Louisiana and had cerebral palsy with partial paralysis, agreed to a settlement with the Oakdale police chief and the city after …
Article • July 8, 2018
Public to pay for retirement of N.J. officer with four excessive uses of force by R. Bailey hy R. Bailey A Berkeley Township, New Jersey, patrolman was forced into almost a full year of paid leave because of his increased pattern of excessive use of force, and when his attempts …
Article • July 7, 2018
911 'swatting' prank excuses officer's fatal shooting by R. Bailey By R. Bailey A Kansas district attorney ("DA") determined that a Wichita SWAT team acted reasonably when it fatally shot an innocent, unarmed father in his own home while responding to a “swatting” or 911 prank call made from Los …
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