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Criminal Defense News of the Week

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This wikilog article is a draft, it was not published yet.

by: Sduclos • November 20, 2012 • no comments

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'''72% of Men Arrested in Portland in Possession of Illegal Drugs, ¼ Test Positive for Meth'''
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'''2,000 Exonerations in 23 Years'''
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A new study released by the Office of National Drug Control Policy reported the above statistics, making Portland #2 for meth possession, second to Sacramento. Half of those arrested tested positive for marijuana. Gil Kerlikowske, who runs the White House Office of Drug Control Policy says, "We cannot arrest our way out of our nation's drug problem." Read the full story in [http://www.oregonlive.com/politics/index.ssf/2012/05/federal_study_provides_numbers.html the Oregonian].
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There is no official record system for exonerations of convicted criminals in the country. Instead, interest groups and researchers have been left to their own devices to comb state records to determine the number of people who were convicted and later exonerated of their charges. According to a new report by the University of Michigan and the Center on Wrongful Convictions at Northwestern, that number is now 2,000 for the past 23 years. See more on [http://www.cbsnews.com/8301-201_162-57438010/study-2000-convicted-then-exonerated-in-23-years/?tag=exclsv CBS News].
  
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'''NY Federal Judge Grants Class-Action Status to NY Stop-and-Frisk Plaintiffs'''
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''''''Clatsop County DA Makes a Grab for Astoria DUIIs''''''
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Last week, Judge Scheindlin granted class-action status for plaintiffs suing NYPD for aggressive, often suspicion-less stop-and-frisks. [http://cityroom.blogs.nytimes.com/2012/05/16/judge-allows-class-action-status-in-stop-and-frisk-lawsuit/?hp  The NY Times reports] that 85 percent of those stopped by NYPD are African American or Hispanic. Only 10 percent lead to arrests or summons. Judge Scheindlin called the City's attitude, "cavalier."
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A Marion County Circuit Court Judge ruled that all cases of DUIIs in Astoria should go to the Clatstop County DA rather than to the city's municipal department. Clatsop County DA Josh Marquis says there were wide discrepancies in how the DUII cases were being handled by Astoria city attorneys which prompted his efforts to take over the cases. See more in [http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/05/judge_sides_with_county_in_ast.html the Oregonian]'''. '''
  
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'''Mothers of Sex Offenders Cope with Registration Requirements'''
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'''Civil Forfeiture Law - Evading State Law and Making Bucks'''
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A recent [http://www.cnn.com/2012/05/12/living/mothers-sex-offenders/index.html?hpt=li_bn3 CNN story] describes the issues with sex offender registration from a different angle - how (some) mothers are trying to ease the burden of registration for their children by providing housing, support, and activism.
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Local police departments can get around state civil forfeiture law under a federal statute that allows for "equitable sharing" between local and federal government. This means that the local department can collect a greater portion of the bounty by working with the feds than just following state law and collecting it themselves. Here's just one example of the madness: Tewsksbury, Mass. is colluding with the feds to take a 50-year old (and unmortgaged) motel from a mom and pop because over the course of 10 years, about 30 customers were arrested on drug charges. The feds claim that the motel rooms were an instrument to the crime and thus subject to forfeiture. For more, read the [http://www.washingtonpost.com/opinions/when-government-is-the-looter/2012/05/18/gIQAUIKVZU_story.html Washington Post article].
  
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'''Widow Sues ODOC for Wrongful Death'''
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'''SCOTUS Grants Cert on FISA Challenge'''
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Tiffany Hagen is suing the Oregon DOC for the wrongful death of her husband who was serving at Snake River. Her husband was killed by his cellmate after numerous threats which were reported to DOC without response. [http://www.oregonlive.com/pacific-northwest-news/index.ssf/2012/05/widow_claims_oregon_prison_sta.html The Oregonian] describes the full story.
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Last Monday, SCOTUS agreed to hear a case concerning the Foreign Intelligence Surveillance Act, which allows the government to wiretap international communications. Along with other groups, attorneys representing prisoners held at Guantanamo Bay argue that the law violates their rights under the Fourth Amendment and forces them to communicate with their clients in person exclusively to avoid the surveillance. Read [http://www.nytimes.com/2012/05/22/us/justices-agree-to-hear-surveillance-challenge.html?ref=foreignintelligencesurveillanceactfisa more in NYT.<span style="DISPLAY: none"> </span>]
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{{wl-publish: 2012-05-29 13:45:18 -0700 | sduclos }}
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'''Surprising Primary Finish in OSC Race Leads to Critique of Electoral System'''
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Most Oregonians can't name a single OSC Justice, let alone the candidates. Most candidates avoid anything that comes close to political speech. So how are they selected? [http://www.oregonlive.com/politics/index.ssf/2012/05/primary_finish_in_oregon_supre.html#incart_mce The Oregonian] suggests it may come down to arbitrary judgments by the voters.
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{{wl-publish: 2012-05-20 16:12:43 -0700 | sduclos }}
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Revision as of 17:31, December 21, 2012

2,000 Exonerations in 23 Years There is no official record system for exonerations of convicted criminals in the country. Instead, interest groups and researchers have been left to their own devices to comb state records to determine the number of people who were convicted and later exonerated of their charges. According to a new report by the University of Michigan and the Center on Wrongful Convictions at Northwestern, that number is now 2,000 for the past 23 years. See more on CBS News.

'Clatsop County DA Makes a Grab for Astoria DUIIs' A Marion County Circuit Court Judge ruled that all cases of DUIIs in Astoria should go to the Clatstop County DA rather than to the city's municipal department. Clatsop County DA Josh Marquis says there were wide discrepancies in how the DUII cases were being handled by Astoria city attorneys which prompted his efforts to take over the cases. See more in the Oregonian.

Civil Forfeiture Law - Evading State Law and Making Bucks Local police departments can get around state civil forfeiture law under a federal statute that allows for "equitable sharing" between local and federal government. This means that the local department can collect a greater portion of the bounty by working with the feds than just following state law and collecting it themselves. Here's just one example of the madness: Tewsksbury, Mass. is colluding with the feds to take a 50-year old (and unmortgaged) motel from a mom and pop because over the course of 10 years, about 30 customers were arrested on drug charges. The feds claim that the motel rooms were an instrument to the crime and thus subject to forfeiture. For more, read the Washington Post article.

SCOTUS Grants Cert on FISA Challenge Last Monday, SCOTUS agreed to hear a case concerning the Foreign Intelligence Surveillance Act, which allows the government to wiretap international communications. Along with other groups, attorneys representing prisoners held at Guantanamo Bay argue that the law violates their rights under the Fourth Amendment and forces them to communicate with their clients in person exclusively to avoid the surveillance. Read more in NYT.

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