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Article • August 15, 2022 • from CLN September, 2022
Filed under: junk science
Law Enforcement Refuse to Admit Most Forensic Science Is Junk Science by Casey Bastian by Casey J. Bastian In modern America, the idea of forensic “science” being infallible has nearly made it a form of religion to many. And our justice systems perpetuate the idea that “expert” witnesses use forensic …
Article • August 15, 2022 • from CLN September, 2022
Indirect DNA Transfer Can Result in Miscarriages of Justice by David Reutter DNA Evidence Is Not as Infallible in Identifying Perpetrator as Most Believe by David M. Reutter Deoxyribonucleic acid (“DNA”) is regarded as the “gold standard” of forensic evidence. It is considered to be virtually indisputable evidence by juries …
Article • August 15, 2022 • from CLN September, 2022
Filed under: Wrongful Conviction
Manhattan DA Launches Conviction Review Unit by Jayson Hawkins by Jayson Hawkins On April 20, 2022, Manhattan District Attorney Alvin Bragg announced the formation of a Post-Conviction Justice Unit (“PCJU”) to review questionable convictions in Manhattan. The announcement included not only the parameters for filing a petition for review but …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home by Douglas Ankney by Douglas Ankney In consolidated cases presenting an issue of first impression, the Supreme Court of New Jersey announced the framework for determining the lawfulness …
Article • August 15, 2022 • from CLN September, 2022
SCOTUS Holds AEDPA’s Restrictions on Habeas Relief Trump Federal Courts’ Authority Under All Writs Act by Dale Chappell by Dale Chappell The Supreme Court of the United States (“SCOTUS” or “Court”) held that a federal court’s  transportation order permitting a prisoner to seek out new evidence pursuant to the All …
Article • August 15, 2022 • from CLN September, 2022
FBI Gets New Mass Surveillance Tool by Jayson Hawkins by Jayson Hawkins According to reports in several media outlets, including the Washington Post, the FBI contracted in March 2022 with tech company Babel Street for 5,000 licenses to use Babel X software for searches of broad swaths of social media. …
Article • August 13, 2022
Filed under: DNA Evidence
NJ Collects DNA Samples of All Babies Born in State and Police Can Access Data by The New Jersey Office of the Public Defender and the New Jersey Monitor recently filed a complaint against the New Jersey Department of Health Division and Environmental Laboratories seeking access to subpoenas served to …
Article • August 13, 2022
Juvenile Justice Reform on the Agenda in Michigan after Teen Sent to Prison for Not Doing Online Homework by Jo Ellen Nott by Jo Ellen Nott On July 29, 2022 a Michigan task force presented its findings and made 32 recommendations to keep young people out of detention facilities, provide them …
Article • August 10, 2022 • from CLN August, 2022
Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family by David Reutter by David M. Reutter When civil asset forfeiture laws were made applicable to criminal defendants, the purpose was to ensure criminals lost the illicit gains from their criminal activities after …
Article • August 9, 2022 • from CLN August, 2022
Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32 by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit admonished that “sentencing proceedings are not a free-for-all” and vacated Edward Gibbs’ sentence where the requirements …
Article • August 3, 2022
Death Penalty Reversals Tied to Prosecutor Misconduct in at Least 5% of Cases by Jo Ellen Nott by Jo Ellen Nott On July 5, 2022, the Death Penalty Information Center reported that 5.6% of all death penalty sentences in the last 50 years were reversed because of prosecutor misconduct. That …
Article • July 25, 2022
Police Dog Rips a Suspect’s Eye from Its Socket after Pretextual Traffic Stop by Jo Ellen Nott by Jo Ellen Nott On the evening of July 10, 2022, an officer with the Gainesville Police Department (“GPD”) in north central Florida stopped Terrel Bradley, 30, on a pretextual traffic stop. Bradley …
Article • July 20, 2022
Arizona Law Limits Free Speech by Allowing Police to Verbally Create a No Recording Perimeter by Jo Ellen Nott by Jo Ellen Nott Arizona Gov. Doug Ducey (R) signed House Bill 2319 into law on July 13, 2002, making it a misdemeanor offense to record police within eight feet of where law enforcement …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Advocacy, halfway houses
‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse by Casey Bastian by Casey J. Bastian Phyllis Riles’ daily life is the embodiment of her favorite Gandhi quote: “Where there’s love, there’s life.” Such a belief is the place from which her life’s work at the …
Article • July 15, 2022 • from CLN August, 2022
Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress by Douglas Ankney by Douglas Ankney The Associated Press (“AP”) confirmed a Yahoo News report revealing that in 2017, Department of Homeland Security’s (“DHS”) Customs and Border Patrol (“CBP”) unit identified as the Counter Network Division …
Article • July 15, 2022 • from CLN August, 2022
Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors by Matthew Clarke by Matt Clarke LAW ENFORCEMENT OFFICIALS OFTEN deploy trained dogs to detect drugs, but how accurate are the canine sniffs? Since the dog cannot testify, the courts have simply accepted …
Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome by Mark Wilson by Mark Wilson The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases …
Article • July 15, 2022 • from CLN August, 2022
Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise by John W. Whitehead, Nisha Whitehead by John W. Whitehead & Nisha Whitehead “In a closed society where everybody’s guilty, the only crime is getting caught.” —Hunter S. Thompson The burden of proof has been reversed. No …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Prosecutorial Threats
Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’ by David Reutter by David M. Reutter In an article that appeared in the Akron Law Review, Ohio Supreme Court Justice Michael P. Donnelly detailed his experience, concerns, and solutions to create a fair playing field in the …
Article • July 15, 2022 • from CLN August, 2022
FBI’s ‘Rich Neighborhood’ Breach Practice by Jayson Hawkins by Jayson Hawkins A judge hearing oral arguments in an insurance fraud appeal on April 7, 2022, stopped the proceedings when she discovered a “deeply troubling” item in the record: when serving a search warrant in a rich Washington, D.C. neighborhood, the …
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