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Article • August 1, 2023 • from CLN August, 2023
Research on Persistence of Touch DNA Will Help Investigators Collect More Usable Samples by Jo Ellen Nott by Jo Ellen Nott The National Institute of Justice (“NIJ”) is the research, development, and evaluation agency of the U.S. Department of Justice. Its motto, “strengthen science, advance justice,” informs all its activities. …
Article • August 1, 2023 • from CLN August, 2023
Filed under: Venue, Adequacy of Remedy
SCOTUS Announces Proper Remedy for Venue and Vicinage Clause Violations Is Retrial in Proper Venue, Not Barring Retrial by Richard Resch by Richard Resch The Supreme Court of the United States unanimously held that a conviction that is reversed based on a judicial determination that the Venue Clause and the …
Article • August 1, 2023 • from CLN August, 2023
Forensic Genetic Genealogy Has Solved 545 Cases – and Counting by Douglas Ankney by Douglas Ankney According to Tracey Leigh Dowdeswell, forensic genetic genealogy (“FGG”) has solved 545 cases as of December 31, 2022. Dowdeswell is a professor of criminology and legal studies at Douglas College in Canada and is …
Brief • July 20, 2023
Hernandez v. County of Monterey, CA, Notice on Motion to Intervene Fo the Limited Purpose of Unsealing Records, Conditions of Confinement, 2023 Case 5:13-cv-02354-BLF Document 799 Filed 07/20/23 Page 1 of 7 1 Jaqueline Aranda Osorno (308084) PUBLIC JUSTICE 2 1620 L St. NW, Suite 630 Washington, DC 20036 3 …
Financial Pressure Finally Brings Police Reform by Jayson Hawkins by Jayson Hawkins Their names became litanies on streets across America: Trayvon Martin, Freddie Gray, Breonna Taylor, George Floyd. Yet protests, relentless media coverage, and the promises of politicians failed to move the needle on police violence or impunity. At last, …
Publication • 2023
Smoke Screen-Experiences With the Incarcerated Grievance Program in New York State Prisons, Oct. 2023 INDEPENDENT PRISON OVERSIGHT SINCE 1844 September 2023 October 2023 Findings from a Systemwide Survey of the Incarcerated Grievance Program September 2023 Findings from aExperiences Systemwide “Smoke Screen”: Survey the Incarcerated with the of Incarcerated Grievance Program …
Publication • 2023
Filed under: Costs
Audit Report on Capital Projects at the Dept of Criminal Justice, March 2023 An Audit Report on OVERVIEW Page |1 Capital Projects at the Department of Criminal Justice Lisa R. Collier, CPA, CFE, CIDA  The Department of Criminal Justice (Department) had strong processes for monitoring capital projects, including projects …
Publication • 2023
Loyola University - Access Denied-Public Records and Incarcerated People, 2023 LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW LEGAL STUDIES RESEARCH PAPER SERIES PAPER NUMBER 2023-05 Access Denied: Public Records and Incarcerated People Andrea Armstrong, Dr. Norman C. Francis Distinguished Professor of Law 19 U. St. Thomas L.J. 220 (2023) This …
Article • May 29, 2023
Secondary DNA Transfer: Little Known Phenomenon That Puts You at a Crime Scene You’ve Never Visited and Places a Murder Weapon You’ve Never Touched in Your Hand by Miles Dyson by Miles Dyson In 2008, European authorities were hot on the trail of a highly prolific serial killer and burglar. …
Article • May 15, 2023 • from CLN June, 2023
Filed under: junk science, Firearms
The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification by Douglas Ankney by Douglas Ankney In People v. Kirschke, 53 Cal.App.3d 405 (1975), a firearm and toolmark identification (“FTI”) expert testified for the prosecution “that an evidence bullet had been fired by a particular firearm and …
Article • May 15, 2023 • from CLN June, 2023
New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’ by Douglas Ankney by Douglas Ankney The Court of Appeals of New York ruled that under state law an alternate juror discharged from service cannot subsequently be seated to deliberate the case. …
Article • May 15, 2023 • from CLN June, 2023
by Eike Blohm, MD FATAL ENCOUNTERS WITH POLICE OCCUR in the U.S. with disturbing frequency, setting us apart from other Western industrial nations. A recent study published in the Annual Review of Criminology explores the drivers behind this American exce by Jordan Arizmendi by Jordan Arizmendi In a study by …
Article • May 14, 2023
The Persistence of Polygraph Tests: A Misguided Reliance on Junk Science by The use of polygraph tests, despite their well-documented flaws and dubious scientific validity, continues to persist in various sectors of society. These so-called lie detectors have long been criticized as unreliable and prone to producing false results, yet …
Article • May 12, 2023
5 Facts About DNA and Wrongful Convictions by Miles Dyson by Miles Dyson In the pursuit of justice, the role of DNA evidence in criminal cases cannot be overstated. Over the years, groundbreaking advancements in DNA technology have revolutionized the criminal justice system, shedding light on cases plagued by wrongful …
Article • May 11, 2023
“I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea by California authorities have reached a groundbreaking settlement in a case that has cast a spotlight on the use of excessive force by law enforcement. …
Article • May 6, 2023
Raising Doubts and Wrongful Convictions: The Troubling Legacy of Bite Mark Analysis in the Legal System by The use of bite mark analysis as evidence in courtrooms has left a lasting imprint on the criminal justice system, but its credibility and scientific validity are now subject to growing skepticism. As …
Article • May 6, 2023
Filed under: junk science
The Proliferation of Junk Science in Forensics: A Systemic Spread by The dissemination of junk science within forensics and law enforcement follows discernible patterns. Frequently, the origins of such flawed methodologies can be traced back to individuals who develop forensic techniques based on limited experience and data. Once these techniques …
Article • April 15, 2023 • from CLN May, 2023
How Junk Science Helped Kill Tyre Nichols by Eike Blohm, MD By Eike Blohm, MD The militarization of American police is based on decades-old flawed pseudoscientific studies. The consequences are the deaths of unarmed civilians like Tyre Nichols. In 1989, a pivotal study entitled “Killed in the Line of Duty” …
Article • April 15, 2023 • from CLN May, 2023
Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners by Dale Chappell by Dale Chappell If you’re filing for post-convictionrelief under 28 U.S.C. § 2255, getting the court to grant an evidentiary hearing is a big step toward getting that relief. Successful § 2255 motions are often based on claims …
Hawaii Supreme Court: Plain Error Not Providing ‘Incidental Restraint’ Jury Instruction Where Kidnapping Only Charge After Dismissing Abuse Charges Prior to Trial by Mark Wilson by Mark Wilson The Supreme Court of Hawaii held that a trial court plainly erred in failing to instruct the jury that the “restraint” necessary …
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