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Article • February 15, 2024 • from CLN February, 2024
Steady Improvement in Techniques for the Analysis of Degraded DNA by Douglas Ankney by Douglas Ankney DNA, while remarkably resilient, may be degraded by exposure to ultraviolet radiation, extreme temperatures, humidity, and microbial activity. These exposures may result in “single-strand and double-strand breaks, depurination, deamination, and crosslinks.” Consequently, the DNA …
Article • February 15, 2024 • from CLN February, 2024
Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective by Douglas Ankney by Douglas Ankney Traditionally, police officers are taught to take control of a volatile encounter, ensuring the safety of all officers present by approaching an unstable situation with weapons drawn. The …
Article • February 15, 2024 • from CLN February, 2024
Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment by Douglas Ankney by Douglas Ankney According to an investigation by The Wall Street Journal, a company known as Near Intelligence purchases individuals’ private data from brokers who usually …
Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …
Article • January 15, 2024 • from CLN January, 2024
Filed under: News in Brief
News in Brief by Australia: What would you do if you never saw Top Gun: Maverick and someone was about to spoil the ending? If you have graduated from elementary school, chances are you probably wouldn’t care that much. Constable Dominic Gaynor, who was working the front desk of a …
Article • January 15, 2024 • from CLN January, 2024
DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture by Douglas Ankney by Douglas Ankney According to a September 2023 report from foxnews.com, the U.S. Department of Justice (“DOJ”) is “shelling out more than $6 billion to private companies to manage its asset …
Survey: Why Defendants Cooperate with the Government in a Process Described as ‘Unfair’ by Defense Attorneys by Douglas Ankney by Douglas Ankney “Cooperation is a horrible thing for clients. Doing law enforcement’s job and requiring someone to bargain for their freedom encourages an ugly, unfair, and unjust system to become …
West Virginia University Forensic Scientists Provide a Benchmark for Analyzing Duct Tape Fracture Edges by Jo Ellen Nott by Jo Ellen Nott A common household item is being analyzed by forensic scientists as the newest tool in crime scene investigations. Researchers at West Virginia University are establishing the standard for …
One Solution to Jurors Giving Too Much Weight to Improper Forensic Testimony: 4-Minute Training Video Based on DOJ Guidelines by Matthew Clarke by Matt Clarke Improper forensic evidence played a part in 1 out of 5 wrongful convictions listed in the National Registry of Exonerations as of September 2023. Studies …
Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea by David Reutter by David M. Reutter The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction because the required mens rea for concealment money launderingwas not supported …
Article • January 15, 2024 • from CLN January, 2024
Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that a trial judge’s personal and condemnatory remarks directed toward a defendant required recusal of the judge. Leron Liggins was charged …
Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas …
U.S. Supreme Court Apparently Prioritizes Ideology Over Guilt or Innocence by Douglas Ankney by Douglas Ankney The current justices on the Supreme Court of the United States (“SCOTUS”) apparently prioritize ideology over guilt or innocence. Almost 40 years ago, SCOTUS held that the U.S. Constitution’s Sixth Amendment guarantee of a …
Article • January 15, 2024 • from CLN January, 2024
Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment by Douglas Ankney by Douglas Ankney The Supreme Court of Maryland (formerly the Court of Appeals) held that a defendant had …
Article • January 15, 2024 • from CLN January, 2024
Eleventh Circuit Announces Supervised Release Term Not Tolled When Defendant Absconds, Deepening Circuit Split by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eleventh Circuit held that, when a defendant has absconded while on supervised release, the clock on their period of supervision continues to …
The White House Goes Rogue: Secret Surveillance Program Breaks all the Rules by John W. Whitehead, Nisha Whitehead by John & Nisha Whitehead This essay originally appeared in Rutherford on November 29, 2023. “We are rapidly entering the age of no privacy, where everyone is open to surveillance at all …
First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand by Richard Resch by Richard Resch In a case of first impression, the U.S. Court of Appeals for the First Circuit held that it may raise sua …
Article • January 15, 2024 • from CLN January, 2024
Police Requests to Google Replacing Old Fashioned Detective Work by Anthony Accurso by Anthony W. Accurso A recent report by Julia Love and Davey Allen, writing for Bloomberg, highlights how the default for what passes for police investigative work is simply requesting data from Google for even the pettiest crimes. …
Article • January 15, 2024 • from CLN January, 2024
FBI Access to FISA Database Includes Some Accountability by Anthony Accurso by Anthony W. Accurso Ahead of the possible expiration of Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) on December 31, 2023, an explanation about the FBI’s controversial access to communications collected under this authorization was published by …
Article • January 15, 2024 • from CLN January, 2024
Filed under: Informants, FBI
FBI Lost Count of Its Snitches at Capitol on January 6, 2021 by Douglas Ankney by Douglas Ankney The Federal Bureau of Investigation (“FBI”) had so many snitches at the Capitol on January 6, 2021, that the agency lost track of the number. Steven D’Antouno, formerly in charge of the …
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