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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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'''Fairness in Disclosure of Evidence Act of 2012 Introduced'''
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'''Recent Study Shows Black Students Face Disproportionately Harsh Discipline in Public Schools'''
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Disproportionate incarceration rates are nothing new for criminal defense attorneys. A new study, [http://www.nytimes.com/2012/03/06/education/black-students-face-more-harsh-discipline-data-shows.html?_r=2 reported in the New York Times], seems to suggest that the problem is apparent in public schools as well. The article reports that overall, black students are three and a half times as likely to face suspension or expulsion than their white peers.
  
On March 15th, leading U.S. Senators introduced bipartisan legislation to bring about sensible discovery reform in criminal prosecutions. The Fairness in Disclosure of Evidence Act of 2012, described [http://www.nacdl.org/NewsReleases.aspx?id=23792&libID=23761 here], is meant to reform discovery rules to comply with ''Brady ''and is supported by the NACDL.
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'''What Would Happen If Everyone Exercised the Right to Trial'''?
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Michelle Alexander's recent [http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?hp Op Ed in the New York Times] discusses the impact that collective action could have on the criminal justice system. If more defendants go to trial rather than plea, the system will have to face more of the costs that mass incarceration and minimum sentencing create. In theory, this could crash the criminal justice system. In practice, of course, defendants face the risk to their own lives.
  
'''Supreme Court to Review Constitutionality of Juveniles Serving Life Sentances'''
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'''Oregon Humane Society Trains Police for Evidence Collection in Animal Abuse Crimes'''
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The Oregon Humane Society recently hosted a conference designed to train officers to collect evidence of specific animal abuse crimes and train veterans to analyze evidence of animal injuries and illnesses. To read more, see [http://www.oregonlive.com/portland/index.ssf/2012/03/oregon_humane_society_sponsors.html Lynne Terry's March 7, 2012 article] published in The Oregonian.
  
This month, SCOTUS will hear oral arguments in two cases, ''Jackson v. Hobbs and Miller v. Alabama'', which will decide whether children can be sentenced to life without parole after being convicted of homicide. Read former juvenile court Judge Gail Garinger's [http://www.nytimes.com/2012/03/15/opinion/juveniles-dont-deserve-life-sentences.html?_r=1&ref=todayspaper compelling OpEd in the New York Times] that explains the history of life sentences for juveniles and the reasons the Supreme Court should find it unconstitutional.
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'''Portland Police Chief Scales Back Use of Force Reports'''
 
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Portland Police Chief Mike Reese's new directive to require use of force reports from Sergeants went into effect last Friday. Reese scaled back the directive to apply only to the East Precinct due to pressure from the Portland Police Association. For more information, read [http://www.oregonlive.com/portland/index.ssf/2012/03/portland_police_chief_mike_ree_9.html Maxine Berstein's March 7, 2012 article] published in The Oregonian.
'''Lynn Stewart's Sentence Increased to 10 Years for Post-Conviction Statements, Attorneys Appeal to Second Circuit'''
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{{wl-publish: 2012-03-11 21:29:52 -0700 | sduclos }}
 
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Lynn Stewart's original sentence of 28 months was increased to 10 years by a judge who concluded that her comments after her trial suggested a lack of remorse. Stewart's sentence was apparently increased, in part, because she stated post-sentencing that she "might handle it a little differently" but that she "would do it again." She also told supporters that she could serve 28 months, "standing on her head." The Second Circuit is now reconsidering whether her re-sentencing violates her 1st Amendment rights. [http://www.latimes.com/news/opinion/opinionla/la-ed-stewart-20120308,0,1902924.story For more, read the LA Times' recent editorial.]
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'''Washington County Tactical Officers Shoot Armed Man, Concerned That the Officers Were Dangerous Intruders on His Property'''
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The officers surrounding Mr. Flores-Haro's home had authority to raid a nearby residence. Mr. Flores-Haro was not aware of this, and he obtained a handgun from inside his house, thinking someone (other than the police) was intruding on his property. According to Mr. Flores-Haro's family, the officers did not announce their office and did not wear clearly-identifying uniforms. Mr. Flores-Haro was shot once in the arm and twice in his stomach. To read more, [http://www.oregonlive.com/portland/index.ssf/2012/03/man_shot_by_washington_county.html see Maxine Bernstein's March 14 article in the Oregonian].
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'''New York Becomes First State to Require DNA Samples in Almost All Criminal Convictions, Including Misdemeanors'''
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New York lawmakers approved a bill last Thursday that would make the state the first to require DNA samples from almost all convicted criminals. This includes misdemeanors such as jumping over a subway turnstile. To read more, [http://news.opb.org/article/n.y._passes_dna_requirement_for_convicted_criminals/ see Joel Rose's recent article on OPB News].
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{{wl-publish: 2012-03-18 20:46:51 -0700 | sduclos }}
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Revision as of 17:30, December 21, 2012

Recent Study Shows Black Students Face Disproportionately Harsh Discipline in Public Schools Disproportionate incarceration rates are nothing new for criminal defense attorneys. A new study, reported in the New York Times, seems to suggest that the problem is apparent in public schools as well. The article reports that overall, black students are three and a half times as likely to face suspension or expulsion than their white peers.

What Would Happen If Everyone Exercised the Right to Trial? Michelle Alexander's recent Op Ed in the New York Times discusses the impact that collective action could have on the criminal justice system. If more defendants go to trial rather than plea, the system will have to face more of the costs that mass incarceration and minimum sentencing create. In theory, this could crash the criminal justice system. In practice, of course, defendants face the risk to their own lives.

Oregon Humane Society Trains Police for Evidence Collection in Animal Abuse Crimes The Oregon Humane Society recently hosted a conference designed to train officers to collect evidence of specific animal abuse crimes and train veterans to analyze evidence of animal injuries and illnesses. To read more, see Lynne Terry's March 7, 2012 article published in The Oregonian.

Portland Police Chief Scales Back Use of Force Reports Portland Police Chief Mike Reese's new directive to require use of force reports from Sergeants went into effect last Friday. Reese scaled back the directive to apply only to the East Precinct due to pressure from the Portland Police Association. For more information, read Maxine Berstein's March 7, 2012 article published in The Oregonian.