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Article • January 20, 2023
Tenth Circuit Reminds Cops That Conducting a Traffic Stop to Flirt With Motorist Is Not Okay by Jo Ellen Nott by Jo Ellen Nott In December, the U.S. Court of Appeals for the Tenth Circuit revisited the 2020 decision by the U.S. District Court for the District of Utah in …
Article • January 15, 2023 • from CLN February, 2023
Filed under: junk science
The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error by Casey Bastian by Casey J. Bastian When a crime is committed, it is vital that the actual perpetrator be identified and held accountable. However, that process is not always straightforward. Every …
Article • January 15, 2023 • from CLN February, 2023
California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that “a trial court cannot deny relief in a § 1170.95 proceeding …
Article • January 15, 2023 • from CLN February, 2023
NYC: The First DNA Gun Crimes Unit in America by Harold Hempstead by Harold Hempstead In the beginning of July 2022, New York City Mayor Eric Adams and the City’s Chief Medical Examiner Dr. Jason Graham announced at a press conference that NYC is opening the nation’s very first DNA …
Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the sentence of a convicted bank robber who did not have a gun, …
Article • January 15, 2023 • from CLN February, 2023
Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money by Casey Bastian by Casey J. Bastian “Not a lot of people are aware of this public-private partnership where corporations and wealthy donors are able to siphon money into police forces with little …
Article • January 15, 2023 • from CLN February, 2023
Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods by Casey Bastian by Casey J. Bastian Forensic experts have been conducting ballistics comparisons and presenting their testimony in courts for more than 100 years. Experts frequently imply that accurately identifying that a specific gun fired a particular bullet is …
Article • January 15, 2023 • from CLN February, 2023
The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment by Casey Bastian by Casey J. Bastian The National Registry of Exonerations (“NRE”) recorded a total of 226 exonerations in 2021. Of these, 161 were discovered in 2021. The remaining 65 were discovered in …
Article • January 15, 2023 • from CLN February, 2023
Filed under: Marijuana Laws/Issues
Mislabeling of Marijuana Products Is a National Problem by Kevin Bliss by Kevin W. Bliss A recent study showed that many vendors of hemp products legal under the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill, actually carry a chemical makeup of higher than 0.3% of …
Article • January 15, 2023 • from CLN February, 2023
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of …
Article • January 15, 2023 • from CLN February, 2023
Filed under: Impartial Jury
Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes by Casey Bastian by Casey J. Bastian In our adversarial court systems, a person impaneled on a jury is tasked with a seemingly straight-forward duty: determine the reliability and credibility of trial evidence, deliberate, and render …
Article • January 15, 2023 • from CLN February, 2023
Filed under: News in Brief
News in Brief by Alabama: WBMA in Birmingham reported that a former probation officer in Fayette County was convicted of sexual misconduct on Dec. 8, 2022. The former officer, Michael Steven Painter, 51, was found guilty on charges of using his office for personal gain and custodial sexual misconduct — …
Article • January 15, 2023 • from CLN February, 2023
Police Find It Easier to Influence Public Opinion Than to Protect and Serve by Benjamin Tschirhart by Benjamin Tschirhart Ask the average person how the police department of a major city could best use $300,000, and they might suggest investing in de-escalation training, mental health crisis response, or teaching officers …
Article • January 15, 2023 • from CLN February, 2023
Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment by Douglas Ankney by Douglas Ankney In an issue of first impression with potentially nationwide implications, the Supreme …
California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Fourth Appellate District, held that the Sexually Violent Predator Act, Welf. & Inst. Code § 6600 …
Article • January 15, 2023 • from CLN February, 2023
Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit affirmed the U.S. District Court for the Eastern District of …
Article • January 15, 2023 • from CLN February, 2023
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) …
Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that a prisoner …
Article • January 15, 2023 • from CLN February, 2023
Filed under: Forfeiture, Federal Funds
Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures by Jacob Barrett by Jacob Barrett In 2019, Kansas enacted a law that requires police agencies to accurately track and report amounts seized from property forfeitures — known as civil asset forfeiture. As of 2022, …
People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences by Douglas Ankney by Douglas Ankney With the recent overturning of Roe v. Wade, 410 U.S. 113 (1973), news pundits and left-leaning politicians decry the “radical” justices on the U.S. Supreme Court as if the High …
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