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Article • May 15, 2018 • from CLN June, 2018
‘Shaken Baby Syndrome’ Diagnoses Discredited, Convictions Questioned by Matthew Clarke by Matthew Clarke The term “junk science” does not quite cover the revolution in our understanding of the diagnosis of shaken baby syndrome. Medical experts now know that their belief in how to diagnose a clear sign of child abuse …
Article • May 15, 2018 • from CLN June, 2018
Captured: ‘Golden State Killer’ Wanted for 12 Murders and 50 Rapes Turns Out To Be Former Sacramento-Area Cop by Derek Gilna by Derek Gilna DNA testing and some apparent good breaks in a decades-long investigation paid off when police officers executed an arrest warrant on former Auburn, California, police officer …
Louisiana: No Charges for Cops Who Shot Alton Sterling, Despite Body-Cam Evidence by Monte McCoin by Monte McCoin Two white police officers who were involved in the 2016 death of an unarmed black man at a Baton Rouge convenience store were disciplined, but not criminally charged, for their roles in …
Article • May 15, 2018 • from CLN June, 2018
Coast to Coast, Sex Offender Residency Restrictions Waste Money, Create Havoc by Sandy Rozek by Sandy Rozek If every shred of evidence showed that traffic lights, while costing large amounts of resources to install, did nothing to decrease auto accidents and actually created a host of undesirable consequences, would cities …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Police Misconduct
‘Broken Windows’ Policing Results in Police Lying About Unlawful Stops by Matthew Clarke by Matt Clarke “Broken windows” policing has not been linked to a reduction in serious crime, but it has been linked to an increase in police lying. “Broken windows” policing is based on the belief that aggressive …
Article • May 15, 2018 • from CLN June, 2018
Drug-Induced Homicide Laws Hurt Rather Than Help Opioid Overdose Crisis by Dale Chappell by Dale Chappell Lawmakers and prosecutors just don’t get it. Instead of treatment and prevention of opioid overdoses, lawmakers and prosecutors are pushing for more convictions under draconian drug-induced homicide laws in response to America’s deadly crisis. …
Article • May 15, 2018 • from CLN June, 2018
Pennsylvania Supreme Court Rules FBI Admission Microscopic Hair Analysis Wrong 90% of the Time is Newly Discovered Fact Allowing Untimely Post-Conviction Relief Petition by Christopher Zoukis by Christopher Zoukis The Pennsylvania Supreme Court allowed the post-conviction relief petition of a prisoner on death row to go forward to hearing based …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Habeas Corpus
Habeas Hints: Understanding and Satisfying the Strickland Test for IAC by Kent A. Russell, Tara Hoveland by Kent Russell and Tara Hoveland, attorneys This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Reviews, Habeas Corpus
Book Review: California Habeas Handbook 2.0 by Kent A. Russell by Christopher Zoukis Reviewed by Christopher Zoukis The writ of habeas corpus is an extraordinary remedy that allows a person held against his or her will by the state to challenge the legality of confinement. It is often referred to …
Article • May 15, 2018 • from CLN June, 2018
Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens by The Rutherford Institute by The Rutherford Institute RICHMOND, Va. — The Virginia Supreme Court has delivered a blow to the police’s use of Automated License Plate Readers (ALPRs) to surveil …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing, Due Process
U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause by Dale Chappell by Dale Chappell The U.S. Supreme Court struck yet another residual clause definition of “crime of violence” as unconstitutionally vague in a major decision that could potentially affect thousands of …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Sentencing
Vague Criminality and Mass Incarceration: Will Dimaya End the Insanity? by Leah Litman by Leah Litman, Harvard Law Review Blog Today [April 17, 2018] the Supreme Court decided Sessions v. Dimaya and struck down the federal definition of “crime of violence” as unconstitutionally vague. The statute, section 16(b) (along with …
Article • May 15, 2018 • from CLN June, 2018
Filed under: Police Misconduct
New York Times Investigation Spotlights NYPD Practice of ‘Testilying’ by Derek Gilna by Derek Gilna An extensive New York Times investigation of the New York Police Department has uncovered that “at least 25 instances were found where judges or prosecutors reportedly determined that a cop’s testimony was likely untrue or …
Article • May 15, 2018 • from CLN June, 2018
Filed under: News in Brief
News in Brief by Arkansas: The taxpayers of Walnut Ridge, Arkansas, face a lawsuit that was filed in response to a video-taped incident of unlawful detention, assault, deprivation of rights and, eventually, conspiracy carried out by police officer Matthew Mercado in December 2016. Railroad worker Adam Finley was stopped by …
Sex Offender Registries: Common Sense or Nonsense? by Christopher Zoukis by Christopher Zoukis In October 1989, 11-year-old Jacob Wetterling was kidnapped at gunpoint and never seen again. When the boy’s mother, Patty Wetterling, learned that her home state of Minnesota did not have a database of possible suspects—notably convicted sex …
Article • May 14, 2018 • from CLN May, 2018
Parallel Construction: Building Criminal Cases Using Secret, Unconstitutional Surveillance by by Iris Wagner Introduction Ascension Alverez-Tejeda and his girlfriend stopped at a traffic light. When the light turned green, the car in front of them stalled. Alverez-Tejeda suddenly stopped before hitting the car in front of him, but the pickup …
Article • May 11, 2018
Police ‘Command and Control’ Culture Is Often Lethal — Especially for People With Disabilities by By Susan Mizner, Disability Counsel, ACLU When West Milwaukee police killed Adam Trammell, a Black resident of the city, he was unarmed and alone in his locked apartment, just taking a shower. The police came …
$150,000 Jury Award Against NYPD for Excessive Force, False Arrest by Christopher Zoukis by Christopher Zoukis      A 45-year-old man who was arrested for public urination was awarded $150,000 after a jury found that officers of the New York Police Department used excessive force during his unlawful arrest.      On …
Victory: Virginia Supreme Court Delivers Blow to Police Use of License Plate Reader Technology to Track Drivers, Surveil Citizens by On The Front Lines by The Rutherford Institute RICHMOND, Va. — The Virginia Supreme Court has delivered a blow to the police’s use of Automated License Plate Readers (ALPRs) to …
Honoring Police Includes Acknowledging Systemic Reform Is Needed by by Norm Stamper, Chief of Police of Seattle (Ret.), Seattle, Washington, for ACLU.org During the third week of May, tens of thousands of cops from across the nation will gather in Washington, D.C., for “Police Week” and its national memorial services, …
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