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From the Editor Everything You Always Wanted to Know About Holdings and Dicta* by Richard Resch *But Were Afraid to Ask by Richard Resch As Andrew v. White, 220 L. Ed. 2d 340 (2025) (per curiam), illustrates, even highly accomplished legal professionals at the pinnacle of the profession can find …
Article • December 15, 2024 • from CLN January, 2025
Filed under: Editorials
From the Editor by Richard Resch by Richard Resch As we usher in 2025, we also mark the eighth year of Criminal Legal News (“CLN”). To those of you who have been with us from the beginning, we extend our heartfelt gratitude for your continued support, which has been instrumental …
Article • June 15, 2024 • from CLN June, 2024
Government Accountability Office Issues a Report on DOJ and DHS Use of Facial Recognition Technology by Michael Thompson by Michael Dean Thompson Considering all the bad press surrounding Facial Recognition Technology (FRT) and its high-profile failures, a recent report from the Government Accountability Office found that the seven agencies believed …
Deadly Failures: Preventable Deaths in U.S. Immigration Detention (2024 ACLU, American Oversight, and Physicians for Human Rights) ACLU, AMERICAN OVERSIGHT, AND PHR RESEARCH REPORT Deadly Failures Preventable Deaths in U.S. Immigration Detention AMERICAN OVERSIGHT PHR Physicians for Human Rights Executive Summary 1 ACLU, AMERICAN OVERSIGHT, AND PHR REPORT Deadly Failures …
Article • May 15, 2024 • from CLN May, 2024
Tech Monopolies Prevent Effective Privacy Laws in the U.S. by Anthony Accurso by Anthony W. Accurso  Cory Doctorow’s latest book, The Internet Con: How to Seize the Means of Computation, discusses the relationship between the failure to regulate tech monopolies in the United States and the meteoric rise of government …
Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds by Douglas Ankney by Douglas Ankney A team of scientists from China’s Shanghai Normal University in collaboration with scientists from the United Kingdom’s University of Bath have developed a fluorescent spray that reveals fingerprints in seconds without compromising any potential DNA evidence. The …
The Police Have a Dark Money Slush Fund by Katya Schwenk by Katya Schwenk This article was originally published on lever.com on March 29, 2024   Private donors including big-box stores, fossil fuel companies, and tech giants are secretly giving hundreds of millions of dollars annually to law enforcement agencies …
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
Article • April 15, 2024 • from CLN April, 2024
Filed under: Resources, Habeas Corpus, AEDPA
Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners by Dale Chappell by Dale Chappell In the name of finality, federal courts are reluctant to undo criminal judgments of the state courts—especially repeated attempts by petitioners to do so under federal habeas corpus. When the Antiterrorism and Effective …
Does the Fourth Amendment Protect Cellphones at the Border? by Douglas Ankney by Douglas Ankney “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by …
What Happens When Prosecutors Offer Opposing Versions of the Truth? by Ken Armstrong by Ken Armstrong, ProPublica An unusual recent court decision offered harsh criticism of a behavior that has left dozens of men condemned to death since the 1970s, spotlighting cases where prosecutors offered claims that contradicted what they …
‘Trail ’Em, Nail ’Em, and Jail ’Em’: Issues Private Probation and Parole by Jo Ellen Nott by Jo Ellen Nott Vince Schiraldi talks private probation and parole in his new book Mass Supervision: Probation, Parole, and the Illusion of Safety and Freedom. When Schiraldi was selected to run the troubled …
Article • April 15, 2024 • from CLN April, 2024
Research Shows It Makes Sense to Hire Individuals with Criminal Records by Jo Ellen Nott by Jo Ellen Knott Rand, a nonprofit research organization, published a research brief on January 9, 2024, that proves hiring individuals with criminal records is not risky and has benefits for the employer, the individual …
AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique by Jo Ellen Nott by Jo Ellen Knott On January 10, 2024, Forensic Mag delivered astonishing news: Research out of Columbia University and the University at Buffalo radically challenged the long-held belief that fingerprints from different fingers of the same …
Article • March 15, 2024 • from CLN March, 2024
Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses by Jo Ellen Nott by Jo Ellen Nott Wrongful convictions are a troubling aspect of the criminal justice system in the United States. Most experts estimate the rate of falsely convicted prisoners to be between …
Amazon Ring Curbs Police Access to Doorbell Camera Footage—But Privacy Concerns Remain by Jo Ellen Nott by Jo Ellen Nott In a move applauded by privacy advocates, Amazon-owned Ring announced on January 24, 2024, that it will no longer allow police to request doorbell camera footage directly from users through …
A Legal Argument Against Government Purchase of Location Data by Anthony Accurso by Anthony W. Accurso The lack of effective privacy legislation covering the U.S.—combined with the occasional, poorly worded limitations imposed by the courts—has led to the current situation where law enforcement and other government agencies have been purchasing …
Article • March 15, 2024 • from CLN March, 2024
Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts by Jo Ellen Nott by Jo Ellen Nott Imagine a courtroom where a defendant’s fate is being decided. But instead of evidence, jurors rely on an unconscious judgment based on downturned lips or a heavy brow. Scientists at Columbia University …
Article • March 15, 2024 • from CLN March, 2024
The Supreme Court’s Forensic Follies by Michael Thompson by Michael Dean Thompson The framers of the Constitution attempted to guarantee defendants a fundamentally fair trial. They did so, however, at a time when modern science and the scientific method was in its infancy. For that reason, scientific forensic evaluations and …
Article • March 15, 2024 • from CLN March, 2024
Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed by Douglas Ankney by Douglas Ankney In April 2023, Myles Cosgrove was hired by the Carroll County Sheriff’s Department in Kentucky. But about three years earlier, Cosgrove was fired by the Louisville Police Department (“LPD”). Cosgrove …
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