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Article • July 17, 2019 • from CLN August, 2019
Report Finds Lack of Reporting on Deaths in Law Enforcement Custody, Even After Landmark Legislation by Steve Horn by Steve Horn The Office of the Inspector General at the U.S. Department of Justice has unfurled a new study on state and federal law enforcement agencies’ reporting of deaths of individuals …
Article • July 17, 2019 • from CLN August, 2019
Filed under: Informants
Fifth Circuit: Confrontation Clause Violated When Officer’s Testimony Relates Incriminating Information Received From Non-Testifying Informant by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that when a testifying officer relates the statement of a non-testifying confidential informant that facially incriminates a defendant, it …
Article • July 12, 2019
Oregon Crime Victims and Prosecutors Lose Fight to Bulletproof Draconian Sentencing Law by Mark Wilson by Mark Wilson The Oregon Supreme Court held that a legislative reduction of voter-approved mandatory sentences for repeat property offenders that was passed by a mere simple majority was not invalid. Since 1902, the Oregon …
Article • July 7, 2019
Idaho: ACLU Files Suit That Reveals Officials Misled Public About Costs Associated With Executions In State by Chad Marks by Chad Marks  The ACLU of Idaho brought a lawsuit after the Idaho Department of Corrections refused to turn over execution-related records to a University of Idaho law professor. Law professor …
Article • July 7, 2019
Filed under: Prison/Jail Murders, Police
Ohio Police Shoot Teen, Charge Girlfriend with his Murder by A Columbus, Ohio, SWAT team shot and killed a 16-year-old during an attempted robbery set up by police, and then charged his 16-year-old girlfriend with murder and robbery simply because she was there. Police said Julius Tate Jr. offered an …
Article • July 7, 2019
Groups Challenge Face Recognition Algorithm in Florida Case by Kevin Bliss by Kevin Bliss The ACLU, the Electronic Frontier Foundation, the Georgetown Center on Privacy and Technology, and the Innocence Project have teamed up to battle the Florida court system over the constitutional right to confront a defendant’s accuser when …
Article • June 22, 2019
Filed under: Crime Labs
Caught by the Hair: New Forensic Tool Could Differentiate People by Douglas Ankney by Douglas Ankney A new study published by a team from the Lawrence Livermore National Laboratory (“LLNL”) in California concludes their method of proteomics sequencing of short, single strands of hair will revolutionize the forensic criminalistic science …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Crime/Demographics
Study: Technology Creates and Embeds Bias in the Criminal Justice System by Douglas Ankney by Douglas Ankney Automatic License Plate Readers (“ALPR”), facial recognition technology, and predictive policing are some of the new weapons in the arsenal of the police state. And minority communities are caught in the crosshairs. The …
Article • June 17, 2019 • from CLN July, 2019
Police Want Unfettered Access to Consumer DNA Databases by Kevin Bliss by Kevin Bliss Law enforcement agencies across the nation are moving toward adopting more genetic genealogy investigative techniques and training from genealogy experts apparently without first considering the implications such practices have on civil rights or any potential abuses. …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Crime/Demographics
Fourth Circuit Rules Assault on Government Official Under North Carolina Statute Not a ‘Crime of Violence’ by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that Tomonta Simmons’ conviction for assault with a deadly weapon on a government official (“AWDWOGO”) under N.C. Gen. …
Article • June 17, 2019 • from CLN July, 2019
Filed under: War on Drugs, Sentencing
Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer by Alyssa Stryker by Alyssa Stryker, Truthout President Trump declared a national emergency to fund a wall on the southern U.S. border. In his declaration speech, he doubled down on the ridiculous idea that a wall would significantly impact the drug trade. …
Publication • June 13, 2019
U.S. Commission on Civil Rights: Collateral Consequences - The Crossroads of Punishment, Redemption and The Effect on Communities, 2019 U . S . C O M M I S S I O N O N C I V I L R I G H T S COLLATERAL CONSEQUENCES: The Crossroads …
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019 U.S. Sentencing Commission First Step Act of 2018 Resentencing Provisions Retroactivity Data Report June 2019 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the …
Publication • June 1, 2019
The Sentencing Project, Campaign to End Life Imprisonment - Women and Girls Serving Life Sentences, 2019 CAMPAIGN TO END LIFE IMPRISONMENT WOMEN AND GIRLS SERVING LIFE SENTENCES Nationwide one of every 15 women in prison — nearly 7,000 women — is serving a life or virtual life sentence.1 One-third of …
Article • May 22, 2019
Some Texas Judges Not Complying with State Law on Misdemeanor Cases by Edward Lyon by Ed Lyon Since 2010, Texas has been able to reduce the size of its prison system from an all-time high of 127 units to its current 104 units. A major factor contributing to this reduction …
Article • May 16, 2019 • from CLN June, 2019
Filed under: War on Drugs
Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles by Douglas Ankney by Douglas Ankney Prosecutors in Los Angeles are using computer algorithms to wipe out or reduce up to 50,000 old marijuana convictions, years after the drug was legalized by voters in California. The county …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit held that Washington state’s accomplice liability statute renders the state’s drug trafficking law too broad to serve as an Armed Career Criminal Act (“ACCA”) …
Article • May 15, 2019 • from CLN June, 2019
Filed under: War on Drugs
Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts by Punch & Jurists by Punch & Jurists In Bey, District Judge …
Article • May 15, 2019 • from CLN June, 2019
Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas by Michael Berk by Michael Berk The Tarrant County District Attorney’s Office has put 117 criminal cases on hold in response to suspected misconduct involving DNA testing by a Fort Worth forensic scientist. On February 27, 2019, …
Misconduct by prosecutors is rampant — how do we deter it? by Mike Fawer by Mike Fawer, The Lens, Opinion https://thelensnola.org/2019/04/11/misconduct-by-prosecutors-is-rampant-how-do-we-deter-it/ I have been involved in the criminal justice system for almost 60 years, initially as a federal prosecutor, but for the greater portion of my career as a criminal …
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