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Article • July 15, 2024 • from CLN July, 2024
What’s in a Name: ShotSpotter Becomes SoundThinking, But Problems Remain by Michael Thompson by Michael Dean Thompson   If a technology is repeatedly shown by its own data to do very little to reduce crime or assist in homicide investigations – two functions for which it is purported to be …
Article • July 15, 2024 • from CLN July, 2024
Rethink Googling That Video of Big Bird Teaching Your Child the Letter ‘B’—You Might Be Caught in a Federal Dragnet by Douglas Ankney by Douglas Ankney   According to Techdirt, the federal government is obtaining court orders forcing Google and others to provide user ID information of people accessing innocuous …
Article • July 15, 2024 • from CLN July, 2024
Filed under: Forensic Sciences
New NIJ-Funded Website Assists Forensic Practitioners Estimate Age of Unidentified Skeletal Remains of Infants and Teens Based on Dental Data by Douglas Ankney by Douglas Ankney   The new “Transitional Analysis Dental Age” (“TADA”) estimation tool – funded by the National Institute of Justice (“NIJ”) – is now available online …
Article • July 15, 2024 • from CLN July, 2024
The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death by Casey Bastian by Casey J. Bastian   The Death Penalty Policy Project (“DP3”) analyzed exoneration data compiled by the National Registry of Exonerations (“NRE”) for 2023. The results are disturbing. Another 153 convicted people were …
DOJ Is Charging Founders of Samourai Wallet for Allegedly Laundering Bitcoin by Michael Thompson by Michael Dean Thompson   Two men, Keonne Rodriguez and William Lonergan Hill, have found themselves indicted for Conspiracy to Commit Money Laundering and facing up to a quarter of a century of jail time. It …
New York Court of Appeals Announces ‘Due Diligence’ Is Applicable Standard for Certificate of Compliance Regarding Discovery Obligations and Trial Readiness, Improper Certificate Is ‘Illusory” and Fails to Toll Speedy Trial Clock by Matthew Clarke by Matt Clarke The New York Court of Appeals held that the prosecution’s failure to …
Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Tenth Circuit held that a conviction for assault resulting in serious bodily injury …
Article • July 15, 2024 • from CLN July, 2024
Minnesota Supreme Court Announces Good-Faith Exception to Exclusionary Rule Under State Constitution Does Not Apply to Search and Arrest Based on Quashed Warrant That Appears Active Due to Clerical Error by Court Administration by Douglas Ankney by Douglas Ankney   The Supreme Court of Minnesota declined to extend the good-faith …
Article • June 15, 2024 • from CLN June, 2024
Filed under: DNA Testing/Samples
Forensic Genetic Genealogy: Law Enforcement’s Rapid Adoption Outpacing Adoption of Laws and Ethical Guidelines Regulating Its Use by Matthew Clarke by Matt Clarke   Millions of people have submitted oral cheek (buccal) swab samples to companies like 23andMe and Ancestry hoping to use their DNA to trace their ancestors and …
HRDC Files Civil Rights Action on Behalf of Wrongly Convicted Florida Man Who Spent 45 Years in Prison by Sam Rutherford by Sam Rutherford   On April 17, 2024, the Human Rights Defense Center (“HRDC”), CLN’s non-profit publisher, and the civil rights law firm of Loevy and Loevy filed suit …
Article • June 15, 2024 • from CLN June, 2024
Filed under: Notice - Adequacy of
California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense by Douglas Ankney by Douglas Ankney   Resolving a split among the Courts of Appeal, the Supreme Court of California ruled that a defendant has …
Article • June 15, 2024 • from CLN June, 2024
Filed under: DNA Testing/Samples
University of New Hampshire Designs a Simpler, Cost-Effective Test to Identify Touch DNA by Jo Ellen Nott by Jo Ellen Knott DNA profiling has become the gold standard in forensic science since the first murder case was solved in England in 1987 by genetics professor Alec Jeffreys at the University …
Kansas Supreme Court Announces Clarification of Framework for Deciding Whether Confession Is Voluntary and Overrules Precedents That Held Reliability of Confession Is Factor to Be Considered by Douglas Ankney by Douglas Ankney   The Supreme Court of Kansas clarified the framework to be used for determining whether a confession was …
Reform-Minded Prosecutors Face Backlash for Prosecuting Bad Cops by Sam Rutherford by Sam Rutherford   In the wake of the Black Lives Matter movement spurred by the police-involved killing of George Floyd, citizens across the country elected reform-minded prosecutors who ran on platforms promising accountability for police who break the …
Article • June 15, 2024 • from CLN June, 2024
Filed under: Forensic Sciences
Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation by Douglas Ankney by Douglas Ankney   Anthropology professor Dawnie Steadman, Director of the Forensic Anthropology Center at the University of Tennessee (“University”), and her colleagues “hypothesized that drugs found in decomposing bodies could have an influence on the behaviors of …
Fourth Circuit Vacates Where Instructions Failed to Inform Jury That Mens Rea of ‘Knowingly or Intentionally’ Applies to ‘Except as Authorized’ in 21 U.S.C. § 841(a)(1) by Douglas Ankney by Douglas Ankney   The U.S. Court of Appeals for the Fourth Circuit vacated the convictions of Dr. Joel Smithers because …
Article • June 15, 2024 • from CLN June, 2024
Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon by Jo Ellen Nott by Jo Ellen Knott   Oregon legislators passed H.B. 4002 on March 1, 2024, with support from both Democrats and Republicans on a 21-8 vote. Gov. Tina Kotek’s office indicated on March 7 that she …
Article • June 15, 2024 • from CLN June, 2024
Push Notifications Pull to the Forefront by Michael Thompson by Michael Dean Thompson   The convergence of web technologies with handheld computing devices and high-capacity, inexpensive storage has led to a remarkable new era of corporate data collection most people would find shockingly invasive. Criminal Legal News has covered how, …
Second Chances: California Clears Criminal Records, Including Violent Crimes by Jo Ellen Nott by Jo Ellen Nott   California is at the forefront of change in criminal justice reform with a new law, Senate Bill 731, allowing people with felony convictions, even violent ones, to petition to have their records …
New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense by Richard Resch by Richard Resch The Court of Appeals of New York reversed Harvey Weinstein’s convictions for …
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