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Officer-Involved Shooting Data? Hard to Find! by Christopher Zoukis by Christopher Zoukis How often do police officers shoot Americans? How many people do they kill? What color were victims of police shootings? Were they armed? It would seem reasonable that an informed citizenry that employs an enormous paramilitary police force …
Article • March 16, 2018 • from CLN April, 2018
Data: High Rate of Sexual Abuse by Cops by Christopher Zoukis by Christopher Zoukis Police officers in America hold powerful positions. These heavily armed men and women make daily decisions that greatly affect the citizens with whom they interact. Unfortunately, some cops misuse the power granted to them by abusing …
Article • March 12, 2018
Police Caught Planting Drugs--on Body Cam! by Matthew Clarke by Matt Clarke On July 19, 2017, the Maryland Office of the Public Defender released a video recording made by Baltimore Police Officer Richard Pinheiro's body-cam showing him planting drugs in a backyard then "discovering" them a few minutes later. Because …
Article • March 12, 2018
Most American Indian Tribes Oppose Death Penalty, Regardless of Crime by by Dale Chappell Most American Indian tribes believe the criminal justice system does not work, at least "not in a sufficient way that they would opt into the [federal] death penalty," says Melissa Tatum, a research professor at the …
Lindon v. Saffold, Complaint, 2018 Case: 1:18-cv-00442-DCN Doc #: 1 Filed: 02/23/18 1 of 12. PageID #: 1 Case: 1:18-cv-00442-DCN Doc #: 1 Filed: 02/23/18 2 of 12. PageID #: 2 Case: 1:18-cv-00442-DCN Doc #: 1 Filed: 02/23/18 3 of 12. PageID #: 3 Case: 1:18-cv-00442-DCN Doc #: 1 Filed: …
Article • February 22, 2018
Effectiveness of ShotSpotter Not Proven by Derek Gilna by Derek Gilna The recent  introduction of ShotSpotter in November in  2017 gunshot-detection system in parts of Cincinnati, Ohio, gives local police a technological edge in the prompt detection and pinpointing of gunshots, but experts are divided on the impact it will …
Article • February 22, 2018
Colorado Springs Police Target Leftist Group's Peaceful Protest by Dale Chappell Undercover officers from Colorado Springs Police Department took the stand to explain why they were ordered by the department to embed themselves in a protest called "March Against Imperialism" in March, which resulted in four of the marchers being …
Article • February 22, 2018
Sheriff's Officials Indicted After Abusive School Drug Sweep by Derek Gilna by Derek Gilna An unprecedented school-wide  sweep of Worth County High School by Worth County, Georgia, Sheriff's officials on April 14, 2017,  allegedly carried out to search for drugs came up empty, but instead resulted in charges filed against  …
Report: Police Killings on the Rise by Christopher Zoukis by Christopher Zoukis A report from KilledByPolice.net, a website that tracks police killings, indicates that the number of such killings is up as compared to last year. According to the site, police have killed 884 people as of September 26, 2017. …
Article • February 16, 2018 • from CLN March, 2018
Driver’s License Required for Conviction as Florida Habitual Traffic Offender by David Reutter by David Reutter The Florida Supreme Court held that possession of a driver’s license is a prerequisite to a conviction as a habitual traffic offender under section 322.34(5), Florida Statutes. Daryl Miller was charged with a third …
Article • February 16, 2018 • from CLN March, 2018
Research Needed: Do Drug Dogs Respond to Drugs or Handler? by Christopher Zoukis by Christopher Zoukis The use of drug detecting dogs in law enforcement is ubiquitous across the country. They are a popular tool among police agencies, because a drug dog’s “alert” provides the probable cause necessary to legally …
Article • February 16, 2018 • from CLN March, 2018
Few Indigent Defendants Have Lawyer at Arraignment by Mark Wilson by Mark Wilson "Giving defendants a lawyer, treating them with respect, and honoring the Constitution give them more confidence in what we’re trying to do,” observes Michigan District Court Judge Tom Boyd. “That starts with giving them the respect they …
Article • February 16, 2018 • from CLN March, 2018
Massachusetts Supreme Court: Sleeping Juror Is “Structural Error,” Requires Intervention by Dale Chappell by Dale Chappell The Massachusetts Supreme Court reversed convictions for involuntary manslaughter and assault and battery and ordered a new trial because the trial judge failed to conduct voir dire after the prosecutor advised that some jurors …
Article • February 16, 2018 • from CLN March, 2018
California Court of Appeal: Prior Felony Does Not Convert “Wobbler” Into Felony by Dale Chappell by Dale Chappell The fact that a defendant admitted he had prior qualifying felonies for a Cal Pen Code § 665(a) enhancement does not convert his current “wobbler” into a felony, and the trial judge …
Article • February 16, 2018 • from CLN March, 2018
Houston Police End Use of Error-Prone Drug Field Tests by Matthew Clarke by Matthew Clarke In the summer of 2017, the Houston Police Department announced that it was ending its longstanding practice of using $2 field test kits for drugs that had frequently been used to persuade defendants to plead …
Article • February 16, 2018 • from CLN March, 2018
First Circuit: Plain Error Standard Met When Trial Court Emphasized Erroneous Jury Instruction by Dale Chappell by Dale Chappell The trial court’s repeated inclusion of an erroneous element in the jury instructions amounted to a “plain error,” which led the U.S. Court of Appeals for the First Circuit to vacate …
Article • February 16, 2018 • from CLN March, 2018
Fifth Circuit: “Fugitive from Justice” Enhancement Requires Intent to Avoid Prosecution by Dale Chappell by Dale Chappell The government must show that a defendant had the “express intent” in fleeing to avoid prosecution to prove he was a “prohibited person” under the “fugitive from justice” definition with respect to owning …
U.S. Murder Clearance Rates Among Lowest in the World by Matthew Clarke by Matt Clarke Statistically, U.S. law enforcement agencies are the worst crime solvers in the Western world. According to official data, there are arrests for about one-eighth of burglaries, about one-third of rapes, and about two-thirds of murders. …
Article • February 16, 2018 • from CLN March, 2018
California Legalization of Marijuana Allows Convicted to Petition by Derek Gilna by Derek Gilna Proposition 64, which legalizes the sale of recreational marijuana in the state of California, also has a less publicized benefit for those with state marijuana felonies on their record. It allows them to petition to have …
Article • February 16, 2018 • from CLN March, 2018
Rhode Island Supreme Court Rules “Backseat Driver” Is a Real Thing Under Criminal Statutes by Christopher Zoukis by Christopher Zoukis The Rhode Island Supreme Court has determined that a passenger in the back seat of a vehicle who lunges forward and jerks the steering wheel qualifies as an “operator” of …
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