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Article • July 17, 2019 • from CLN August, 2019
Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation by Steve Horn by Steve Horn The Office of the Inspector General at the U.S. Department of Justice has unfurled a new study on state and federal law enforcement agencies’ reporting of deaths of individuals …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Study Details the Effect of Brain Scan Evidence on Sentencing by Anthony Accurso by Anthony Accurso A new study shows that neurobiological evidence (brain scans) used at sentencing may reduce the amount of prison time prescribed at sentencing but may conversely also increase the amount of prescribed involuntary hospitalization.  This …
NYC Program Helps Former Prisoners Realize Their Dream by A vast majority of prisoners dream of getting out of prison and staying out. They talk about it, and most plan for it. A program in New York City called “Getting Out and Staying Out,” or “GOSO” for short, helps former …
Article • July 17, 2019 • from CLN August, 2019
‘They need to be marked for life’ by Sandy Rozek by Sandy, NARSOL The mandatory chemical castration law that has just passed in Alabama is being debated every way possible. Health professionals are weighing in on why, medically, it is not an effective prevention strategy. From a moral and human rights …
Article • July 17, 2019 • from CLN August, 2019
Filed under: FBI
The FBI Polices Itself Like Kids Guarding a Candy Store by Edward Lyon by Ed Lyon In the early 1970s, an armed team entered a Stockholm, Sweden, bank to rescue hostages being held by bank robbers, as well as to, hopefully, arrest the robbers.  To the rescuers’ shock and surprise, …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Informants
Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that when a testifying officer relates the statement of a non-testifying confidential informant that facially incriminates a defendant, it …
Article • July 17, 2019 • from CLN August, 2019
Eighth Circuit Overlooks Procedural Default, Orders Immediate Release From Excessive ACCA Sentence Based on Prior Sex Offense by Michael Berk by Michael Berk The U.S. Court of Appeals for the Eighth Circuit reversed the denial of William Anthony Lofton’s 28 U.S.C. § 2255 petition, remanding to the U.S. District Court …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Bail
New York City’s Bail Success Story by Bill Barton by Bill Barton A new study that analyzed more than 5 million criminal cases in New York City — beginning in 1987 — intimates that the city has “already done a better job of slashing its use of bail and jail …
Article • July 17, 2019 • from CLN August, 2019
Ninth Circuit: Running From Police Alone Doesn’t Give Rise to Reasonable Suspicion Justifying Stop and Frisk by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that running from police, by itself, does not provide reasonable suspicion to justify stopping and frisking the person. …
Article • July 17, 2019 • from CLN August, 2019
Georgia Supreme Court Announces New Evidence Code Abrogates Categorical Exclusionary Rule of Mallory by Douglas Ankney by Douglas Ankney On May 6, 2019, the Supreme Court of Georgia held that the categorical exclusionary rule first announced in Mallory v. State, 409 S.E.2d 839 (Ga. 1991), is no longer the law …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Police Misconduct, Police
Under Marsy’s Law, Police Using Violence Can Claim ‘Victim’ Status by Edward Lyon by Ed Lyon Citizens encounter cops in many ways. Cops respond to emergencies, provide security at some public gatherings and private forums, direct traffic, and address children in schools. Aside from uniform colors and headgear styles, cops …
Article • July 17, 2019 • from CLN August, 2019
Private Citizens Carrying Guns Commit Fewer Crimes Than Cops by Douglas Ankney by Douglas Ankney According to a study by the Crime Prevention and Research Center (“CPRC”), citizens with a permit to carry a concealed weapon “are convicted of misdemeanors and felonies at less than a sixth of the rate …
Massachusetts Supreme Court: Discharge From Civil Commitment Required When Examiners Conclude Defendant Is Not Sexually Dangerous by Douglas Ankney by Douglas Ankney Following convictions for two counts of rape of a child in 1977, Wayne Chapman was sentenced to prison for a term of 15 to 30 years. But later …
Article • July 17, 2019 • from CLN August, 2019
FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse by First Step Act paves the way for a massive pro bono effort to represent sick, dying, and elderly prisoners in court. The following is a press release from FAMM: WASHINGTON – Thousands of sick, dying, and elderly federal prisoners who …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Seventh Circuit Orders Grant of Successive § 2255 Motion and Resentencing in Pre-Booker Mandatory Guidelines Case Involving Elements Clause’s Definition of ‘Crime of Violence’ by Chad Marks by Chad Marks In 1987, Todd D’Antoni was charged with selling cocaine to a juvenile resulting in her death. While being held in …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Parole, Juveniles
West Virginia Supreme Court Announces Parole Eligibility Statute for Prisoners Who Committed Crimes as Minors is Retroactive by Douglas Ankney by Douglas Ankney The Supreme Court of West Virginia announced that the provision of the Juvenile Sentencing Reform Act of 2014 that applies to parole eligibility for persons who committed …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
California Supreme Court: Prop 47 Requires Dismissal of Conviction Based on a Predicate Felony That Is Later Reduced to a Misdemeanor by Douglas Ankney by Douglas Ankney The Supreme Court of California ruled that when the felony underlying a conviction for “street terrorism” is later reduced to a misdemeanor, then …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Sentencing
Hawai’i Supreme Court Remands for Resentencing Where Circuit Court Considered Defendant’s Refusal to Admit Guilt in Imposing Consecutive Sentences by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i remanded for resentencing in a case where the circuit court based the sentence, in part, on the defendant’s refusal to …
Article • July 17, 2019 • from CLN August, 2019
Maryland Court of Appeals Rules That Courts Must Ask Non Compound ‘Strong Feelings’ Question Upon Request During Voir Dire by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland reaffirmed that, upon request, trial courts must ask non-compound “strong feelings question” of potential jurors during voir dire in …
Article • July 17, 2019 • from CLN August, 2019
Fourth Circuit: Cannot Substitute Career Offender Predicate on Collateral Review by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed a district court’s denial of a defendant’s § 2255 motion, holding the lower court committed clear error when it rejected defendant’s claim that his …
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