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Article • May 15, 2024 • from CLN May, 2024
More Facial Recognition Failures by Michael Thompson by Michael Dean Thompson Facial Recognition Technology (“FRT”) misuses continue to pop up in the media. In August of 2023, police went to the home of Porcha Woodruff and arrested her for carjacking in front of her daughters. The kicker in her story …
Article • May 15, 2024 • from CLN May, 2024
New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey unanimously extended the investigative eyewitness identification safeguards of State v. Henderson, 27 A.3d …
Article • May 15, 2024 • from CLN May, 2024
Facial Recognition’s Distorted View by Michael Thompson by Michael Dean Thompson There is a tendency within the human brain to settle on the first solution even when another, better solution is available. Automated facial recognition (“AFR”) systems can exacerbate the problem simply by the fact that they are designed to …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Double jeopardy
SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment by Richard Resch by Richard Resch In a unanimous opinion, the Supreme Court of the United States held that a jury’s verdict of not guilty by reason of insanity is an “acquittal” …
Article • May 15, 2024 • from CLN May, 2024
Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology by Matthew Clarke by Matt Clarke The National Institute of Justice and independent research consultant Dr. John Morgan collaborated “to analyze and describe the impact of forensic science on erroneous convictions that the National Registry …
Article • May 15, 2024 • from CLN May, 2024
Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s live-in girlfriend could not …
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …
Article • May 15, 2024 • from CLN May, 2024
Tech Monopolies Prevent Effective Privacy Laws in the U.S. by Anthony Accurso by Anthony W. Accurso  Cory Doctorow’s latest book, The Internet Con: How to Seize the Means of Computation, discusses the relationship between the failure to regulate tech monopolies in the United States and the meteoric rise of government …
Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of …
Police Body Cameras, A Decade Later by Anthony Accurso by Anthony W. Accurso It has been 10 years since body-worn cameras (“BWCs”) were posited as a solution to the lack of accountability in police murders of citizens, but police are still largely unaccountable, in part because the footage is often …
Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds by Douglas Ankney by Douglas Ankney A team of scientists from China’s Shanghai Normal University in collaboration with scientists from the United Kingdom’s University of Bath have developed a fluorescent spray that reveals fingerprints in seconds without compromising any potential DNA evidence. The …
The Police Have a Dark Money Slush Fund by Katya Schwenk by Katya Schwenk This article was originally published on lever.com on March 29, 2024   Private donors including big-box stores, fossil fuel companies, and tech giants are secretly giving hundreds of millions of dollars annually to law enforcement agencies …
Article • May 15, 2024 • from CLN May, 2024
Filed under: Resentencing
California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Court of California held that a jury’s …
Article • May 15, 2024 • from CLN May, 2024
Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that an untimely notice of appeal (“NOA”) that provides a reason for the tardiness may …
Article • April 26, 2024
Disgraced NYC Council Candidate Gets Slap-on-the-Wrist Sentence by Jordan Arizmendi by Jordan Arizmendi In September 2016, Celia Dosamantes, 26 at the time, was arrested for faking donations to her campaign for city council the year before. She was also charged with submitting a digitally altered check. When she finally appeared …
Massachusetts State Police Facing Possible Class Action Lawsuit for Illegal Recordings by The Massachusetts State Police (“MSP”) is the defendant in a potential class action lawsuit alleging that troopers secretly recorded nearly 200 individuals during criminal investigations, many of them drug cases. These recordings made by a phone app called …
Article • April 15, 2024 • from CLN April, 2024
California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data by Anthony Accurso by Anthony W. Accurso Rob Bonta, the Attorney General for the state of California, issued a memo to law enforcement agencies in the state, which interprets SB 34 and forbids them from sharing with out-of-state agencies …
Article • April 15, 2024 • from CLN April, 2024
Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction by Jo Ellen Nott by Jo Ellen Nott F.D. Zigan, a veteran crime scene investigator who specializes in fingerprint analysis for the Roswell Police Department in suburban Atlanta, Georgia, writes about the disconnect between evidence collection and scene reconstruction in …
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
Article • April 15, 2024 • from CLN April, 2024
Filed under: News in Brief
News in Brief by News in Brief Colorado: On February 28, 2024, Chiara Wuensch, a DNA Analyst for the Weld County Sheriff’s Office at the Northern Regional Forensic Lab for more than 10 years was fired. The termination was the result of a roughly one-month internal investigation, which concluded that …
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