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Article • June 15, 2022 • from CLN July, 2022
Police Outsourcing Reduces Transparency by Anthony Accurso by Anthony W. Accurso Transparency and accountability in law enforcement make for better relationships between police and the communities they serve, but a growing reliance on tech provided to police by private companies is reducing transparency. An October 2021 report in the journal …
The Right to be Forgotten by David Reutter by David M. Reutter Success in having a court record expunged may shroud it from public records disclosure, but where one lives determines if there is a right to be forgotten. Some states have automatic expungement laws, but the right to be …
Article • June 15, 2022 • from CLN July, 2022
Council of State Governments Initiates Efforts to Reduce Barriers to Employment for the Formerly Incarcerated by Douglas Ankney by Douglas Ankney The Council of State Governments Justice Center (“CSGJC”) initiated efforts to reduce employment barriers for people with criminal histories. Recognizing that nearly 25% of all jobs in the U.S. …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Police/Govt Misconduct
What Happened When Oakland Tried to Make Police Pay For Misconduct Decades Ago by Akintunde Ahmad In the ’90s, the city passed a policy requiring the police department to pay some of their own legal costs. There’s no evidence that the department ever paid up. by Akintunde Ahmad, The Appeal …
Article • June 15, 2022 • from CLN July, 2022
Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges by Casey Bastian by Casey J. Bastian The existence of racial disparity in federal sentencing practices is a common, well-researched issue. The greatest proportion of studies focus on the aggregate disparity between the imposed sentence length of Black versus white defendants. Research …
Article • June 15, 2022 • from CLN July, 2022
COVID-19 Measures Do Not Interfere with Jurors’ Ability to Distinguish Between Truth and Lies by Casey Bastian by Casey J. Bastian As a result of the global COVID-19 pandemic, health and safety preventative measures have impacted nearly every area of our society. Experts were concerned about what impact, if any, …
Article • June 15, 2022 • from CLN July, 2022
Filed under: Media, Privacy Act/Rights
Oregon Bans Pre-Conviction Mugshot Public Disclosure by Mark Wilson by Mark Wilson Oregon’s new law restricting the publication of booking photos without a criminal conviction went into effect on January 1, 2022.   During the 2021 legislative session, Oregon lawmakers passed House Bill 3273 prohibiting public disclosure of booking photos, commonly …
Fourth Circuit: Good Cause Not Required to Withdraw Consent to Magistrate Judge’s Jurisdiction Prior to Other Parties Consenting by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Fourth Circuit held that a party who consents to the jurisdiction of a magistrate judge and then requests to …
Article • June 15, 2022 • from CLN July, 2022
Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior by Anthony Accurso by Anthony W. Accurso The Supreme Court of Kentucky held that a police officer impermissibly extended a traffic stop when he suspended the completion of writing a …
New Jersey Supreme Court: Youth May Be Considered as a Mitigating Factor but Not Aggravating Factor in Sentencing by David Reutter by David M. Reutter The Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and cannot support an …
Article • June 15, 2022 • from CLN July, 2022
Filed under: News in Brief
News in Brief by News in Brief Britain: A court hearing at London’s highest legal body is scheduled for late June 2022, The Guardian reported. It will concern a lawsuit brought against the City of London police for allegedly wrongfully tasering a Black man on April 7, 2018. Case was …
Article • June 15, 2022 • from CLN July, 2022
Texas Court of Criminal Appeals Announces Overruled Motion for New Trial May Be Amended With Court’s Leave Within 30-Day Period After Sentenced Imposed by Matthew Clarke by Matt Clarke The Court of Appeals of Texas held that a motion for a new trial that has been overruled by the trial …
Article • June 15, 2022 • from CLN July, 2022
Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …
Article • June 15, 2022 • from CLN July, 2022
Expert Forensic Testimony Flawed by Implicit Racial Bias by Casey Bastian by Casey J. Bastian The unnecessary deaths of George Floyd and Breonna Taylor are examples of incidents that have raised public awareness and hastened conversations about racial bias in the criminal justice system. Reforms in policing have received the …
Article • June 15, 2022 • from CLN July, 2022
Oregon Becomes 38th State to Enact Wrongful Conviction Compensation Law by Mark Wilson by Mark Wilson On March 4, 2022, Oregon lawmakersunanimouslypassedSenateBill1584, commonlyknownastheOregonJusticeforExonereesAct,joining37otherstates,Washington D.C.,andthefederalgovernmentinenactingwrongfulconvictioncompensationlegislation. A total of 35 Democratic and Republican lawmakers ultimately supported the bill that mirrors statutes recently enacted in Idaho, Montana, and Kansas. Under the law, a …
Article • June 15, 2022 • from CLN July, 2022
Organization Created Platform to Log Police Misconduct in North Carolina by Ashleigh Dye by Ashleigh N. Dye Emancipate NC, a non-profit criminal justice organization based in Durham, North Carolina, has formed a database with the goal of tracking police misconduct within the state. The organization was founded to pushed for …
Article • June 15, 2022 • from CLN July, 2022
Federal Officers Can Violate Civil Rights With Near Impunity - Supreme Court’s Refusal to Consider New Bivens Contexts Provides Protection to Those Who Abuse Their Authority by Casey Bastian by Casey J. Bastian The civil rights we all inherently possess, and that are ostensibly still protected by the U.S. Constitution, …
Texas Court of Criminal Appeals Announces Coty’s ‘Inference-of-Falsity’ Framework Extended to Apply to Police Officers With Established History of Falsifying Evidence in Drug Cases by Richard Resch by Richard Resch The Court of Criminal Appeals of Texas announced that the inference-of-falsity framework set forth in Ex parte Coty,418 S.W.3d 597 …
The Feds Are Monitoring Messaging Apps, and Some Are Shockingly Unsecure by Anthony Accurso by Anthony W. Accurso On January 7, 2021, the FBI published a document entitled “Lawful Access,” detailing what information is available from various online messaging platforms and providing guidance to various law enforcement agencies on how …
Article • June 15, 2022 • from CLN July, 2022
Cops in Virginia Beach Used Fake DNA Reports During Interrogations by Douglas Ankney by Douglas Ankney Apparently, cops in Virginia Beach are not troubled by a lack of DNA evidence when investigating crimes. Their remedy is to simply create fake certificates of analysis (“COA”) purported to be from the Virginia …
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