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Class Incarceration Has Become a Prominent Factor in Mass Incarceration by Charles "Keith" Wampler Although the issue is not even close to being resolved, the United States has, in recent years, made some noticeable progress on the issue of racial disparity in our criminal justice system. Regardless of what research …
Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin by Clark Neily This article was originally published by the Cato Institute at cato.org. It has been reprinted with permission.   The Bill of Rights dedicates more words to the resolution of criminal charges than any other subject, …
Article • December 15, 2024 • from CLN January, 2025
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit granted an …
Article • December 1, 2024 • from CLN December, 2024
Washington Supreme Court Announces Prohibition Against Use of ‘In-Court Holding Cell’ for Court Proceedings Without Individualized Determination of Need by Sam Rutherford by Sam Rutherford The Supreme Court of Washington prohibited trial courts from placing defendants in what it described as an “in-court holding cell” without first conducting an individualized, …
Article • September 1, 2024 • from CLN September, 2024
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
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 • September 1, 2023 • from CLN September, 2023
Biased Algorithms Are Still a Problem by Michael Thompson by Michael Dean Thompson The reduction of biases in criminal justice is an ongoing problem that does not lend itself to easy solutions. Artificial Intelligence (“AI”) may one day be that solution, though Boston University associate professor of law and assistant …
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. …
Publication • 2022
The Discovery and Use of Implicit Biases by Bill Trine-2022 The Discovery and Use of Implicit Biases Bill Trine, Boulder, CO W e have all been asked to explore our implicit biases and to also recognize our explicit biases and consider how such biases affect our representation of clients before …
Article • May 15, 2022 • from CLN June, 2022
Filed under: Jury Nullification
Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors by J.D. Schmidt by J.D. Schmidt A specter is haunting the courtrooms of the United States—the specter of jury nullification. All the powers of the United States legal system have entered into an unholy alliance to exorcise this …
Article • November 15, 2021 • from CLN December, 2021
New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of New Jersey announced the framework that …
Article • January 15, 2021 • from CLN February, 2021
When a Hung Jury Is Enough by Jayson Hawkins by Jayson Hawkins The rules for jury trials vary a great deal from state to state, but one rule that is almost universal is the requirement that the jury’s decision be unanimous. This rule is “almost” universal because two states, Louisiana …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence by Matthew Clarke by Matt Clarke In March 27, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated a firearms possession conviction from the U.S. District Court for the Northern District …
Article • May 15, 2020 • from CLN June, 2020
Filed under: Jurors and Juries
SCOTUS: Jury Verdicts Must Be Unanimous to Convict on Criminal Charges, Overruling Apodaca by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that in jury trials of criminal cases the verdict must be unanimous to convict the defendant, overruling Apodaca v. Oregon, 406 U.S. …
Article • May 15, 2020 • from CLN June, 2020
Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit ruled on March 31, 2020, that the district court’s constructive amendment to an …