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Article • November 15, 2022 • from CLN December, 2022
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Article • September 26, 2022
Federal Judge Rules Arizona Law Making It Illegal to Film Cops Within 8 Feet Is Unnecessary by Jo Ellen Nott by Jo Ellen Nott Earlier this month, U.S. District Judge John J. Tuci issued a temporary injunction to halt recently passed HB 2319 writing “the Court fails to see how …
Article • September 15, 2022 • from CLN October, 2022
Fourth Amendment Loopholes and the PATRIOT Act’s Legacy by Anthony Accurso by Anthony W. Accurso Over two decades have passed since the infamous PATRIOT Act was passed in response to the terror attacks against the U.S. on September 11, 2001. Several of the provisions of that law persist to this …
Article • September 15, 2022 • from CLN October, 2022
Filed under: Fifth Amendment, Miranda
SCOTUS: § 1983 Claim Cannot Be Based on Violation of Miranda Because Not Tantamount to Violation of Fifth Amendment by Harold Hempstead by Harold Hempstead The Supreme Court of the United States (“SCOTUS”) held that a violation of the warnings provided for in Miranda v. Arizona, 384 U.S. 436 (1966), …
Article • September 15, 2022 • from CLN October, 2022
SCOTUS Refuses to Extend Bivens Remedy to Either First Amendment Retaliation Claim or Fourth Amendment Excessive-Force Claim by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS”) held that a federal court may not extend the remedy it created over 50 years ago in Bivens v. …
Article • July 15, 2022 • from CLN August, 2022
Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights by Professor Douglas A. Berman by Douglas A. Berman This content was originally published on sentencing.typepad.com, as three distinct blog postings on June 23 and 24, 2022, and included several embedded hyperlinks to research referenced. The posts have …
Article • June 15, 2022 • from CLN July, 2022
Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation by David M. Reutter by David M. Reutter The Supreme Court of Idaho held that an expert’s telephonic testimony violated a defendant’s Sixth Amendment right to confrontation. The Court found the error was not harmless and remanded for …
Publication • 2022
People Over Profit-The Case for Abolishing the Prison Financial System, 2022 People over Profit: The Case for Abolishing the Prison Financial System Sean Kolkey * The term “mass incarceration” is used to describe a crisis that, to many, is both abstract and distant. But for Black, Latinx, Indigenous, low-income, and …
Article • May 1, 2022 • from CLN May, 2022
California Court of Appeal: Fifth Amendment Violation Where Police Use Two-Step Interrogation in Deliberate Strategy to Circumvent Miranda by Richard Resch The Court of Appeal of California, Sixth Appellate District, held the trial court erred by admitting incriminating post-Miranda statements obtained through the use of pre-Miranda statements in a deliberate …
Article • April 11, 2022
Lies the Police Can Legally Tell You (And How to Respond) by Brooke Kaufman by Brooke Kaufman Despite some depictions in popular culture, the police can lie to you during questioning. Although there are limits to the lies police can tell, most officers will say anything to get a confession …
Article • March 15, 2022 • from CLN April, 2022
Geofencing Warrants Are Putting Civil Rights and Free Speech in Jeopardy by Dale Chappell by Dale Chappell Hundreds of protestors marched in Kenosha, Wisconsin, after the police shooting of Jacob Blake in August 2020. Little did these protestors know that the Bureau of Alcohol, Tobacco and Firearms issued at least …
Article • November 15, 2021 • from CLN December, 2021
Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications by Dale Chappell by Dale Chappell The Supreme Court of Colorado held that mandatory lifetime sex offender registration for multiple sex offenses committed as a juvenile constitutes cruel and unusual punishment in violation of the …
Article • March 15, 2021 • from CLN April, 2021
Image of Men Urinating on Grave Protected by First Amendment by Michael Fortino, Ph.D by Michael Fortino, Ph.D. Agents with the Tennessee Bureau of Investigation (“TBI”) and officers with the Dickson Police Department would be well advised to take the time to read the Constitution of the United States, namely …
Ninth Circuit Announces Un-Mirandized Statement Used in Criminal Proceeding Violates Fifth Amendment and Supports § 1983 Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the use of an un-Mirandized statement against a defendant in a criminal proceeding violates the defendant’s …
Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19 by Jean Trounstine by Jean Trounstine, Boston Institute for Nonprofit Journalism, September 15, 2020 Jonathan Best had been out of prison for two years when he ended a rocky relationship with his girlfriend. Like many men and women …
Article • November 15, 2020 • from CLN December, 2020
Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts by Anthony Accurso by Anthony Accurso The Supreme Court of Mississippi held that a district court erred when it ordered a mistrial on all three counts of an indictment after the jury had returned an …
Article • October 15, 2020 • from CLN November, 2020
Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad by Anthony Accurso by Anthony Accurso In a decision issued July 22, 2020, the Supreme Court of Minnesota ruled that Minnesota Statutes Section 609.27, subd. 1(4) (2018) (“the coercion statute”) is overbroad on its face, violates the First Amendment to the U.S. Constitution, …
Article • August 28, 2020
Why We Need to Keep the Communications Decency Act Intact by Dale Chappell by Dale Chappell While the First Amendment of the U.S. Constitution protects our right to free speech, a federal law that protects platforms and users who repost that free speech is under attack and at risk from …
Article • August 15, 2020 • from CLN September, 2020
Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana held that a defendant cannot be forced to unlock her smartphone because doing so would violate her Fifth Amendment right against self-incrimination. The Court also …
Article • July 15, 2020 • from CLN August, 2020
Fourth Circuit Requests Further Information on Stingray Device to Determine Whether It Violates Fourth Amendment Rights by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit remanded a case to the U.S. District Court for the District of Maryland because the lower court failed to …
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