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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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'''Recent Study Shows Black Students Face Disproportionately Harsh Discipline in Public Schools'''
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'''Less Solitary Confinement = Safer Prisons'''
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.
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'''What Would Happen If Everyone Exercised the Right to Trial'''?
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In the face of §1983 lawsuits, economic pressure, and growing humanitarian criticism, Mississippi prisons made a big change to their solitary confinement system. Just when prison violence was increasing, they decided to decrease, rather than increase restrictions. Those inmates that could be transferred to general population were transferred and those that could not were given increased privileges and more time away from their cells. The result? [http://www.nytimes.com/2012/03/11/us/rethinking-solitary-confinement.html?_r=3&pagewanted=4&ref=opinion Huge success].
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.
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'''Oregon Humane Society Trains Police for Evidence Collection in Animal Abuse Crimes'''
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'''US v. Jones''' - '''What Will the FBI Think of Next?'''
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.
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'''Portland Police Chief Scales Back Use of Force Reports'''
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Earlier this year, in US v. Jones, SCOTUS determined that a GPS tracker on the car of a suspected drug dealer without getting a search warrant violated the Fourth Amendment. However, the case reached a precarious balance and came at a time that the FBI was increasingly relying on this and similar investigation techniques. [http://www.npr.org/2012/03/21/149011887/fbi-still-struggling-with-supreme-courts-gps-ruling NPR discusses the impact] of US v. Jones on the FBI's investigation practices.
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.
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{{wl-publish: 2012-03-11 21:29:52 -0700 | sduclos }}
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'''SCOTUS Hears Arguments on Juveniles Sentenced to Life Without Parole'''
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Last week, SCOTUS heard two cases about the constitutionality of a life sentence for a juvenile. The Court's questions suggest that a broad ruling is unlikely, there may be room for success on the narrower question: whether a ''mandatory'' life sentence is unconstitutional because the jury cannot consider the defendant's age, background or intent. [http://www.npr.org/2012/03/20/149020533/supreme-court-considers-life-sentences-for-juveniles NPR reviews the arguments].
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'''NYPD Monitors Protestors &amp; Mosques with Judicial Permission'''
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Before 9/11, infiltrating political groups was one of the most tightly controlled powers the NYPD could use. After the attacks, a federal judge allowed NYPD to monitor entire Muslim neighborhoods, mosques, restaurants and law-abiding protesters in the name of preventing future terrorist attacks. NYPD's practices include attending rallies, mosques, websites, and even tracking responses in African American communities to verdicts in a police shooting. [http://www.guardian.co.uk/world/2012/mar/23/nypd-intelligence-monitored-liberal-groups Read the article here].
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{{wl-publish: 2012-03-27 09:26:13 -0700 | sduclos }}

Revision as of 17:30, December 21, 2012

Less Solitary Confinement = Safer Prisons

In the face of §1983 lawsuits, economic pressure, and growing humanitarian criticism, Mississippi prisons made a big change to their solitary confinement system. Just when prison violence was increasing, they decided to decrease, rather than increase restrictions. Those inmates that could be transferred to general population were transferred and those that could not were given increased privileges and more time away from their cells. The result? Huge success.

US v. Jones - What Will the FBI Think of Next?

Earlier this year, in US v. Jones, SCOTUS determined that a GPS tracker on the car of a suspected drug dealer without getting a search warrant violated the Fourth Amendment. However, the case reached a precarious balance and came at a time that the FBI was increasingly relying on this and similar investigation techniques. NPR discusses the impact of US v. Jones on the FBI's investigation practices.

SCOTUS Hears Arguments on Juveniles Sentenced to Life Without Parole

Last week, SCOTUS heard two cases about the constitutionality of a life sentence for a juvenile. The Court's questions suggest that a broad ruling is unlikely, there may be room for success on the narrower question: whether a mandatory life sentence is unconstitutional because the jury cannot consider the defendant's age, background or intent. NPR reviews the arguments.

NYPD Monitors Protestors & Mosques with Judicial Permission

Before 9/11, infiltrating political groups was one of the most tightly controlled powers the NYPD could use. After the attacks, a federal judge allowed NYPD to monitor entire Muslim neighborhoods, mosques, restaurants and law-abiding protesters in the name of preventing future terrorist attacks. NYPD's practices include attending rallies, mosques, websites, and even tracking responses in African American communities to verdicts in a police shooting. Read the article here.