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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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'''2,000 Exonerations in 23 Years'''
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===='''Investigation Confirms-PPB Continues to Make Same Mistakes in Police Shootings'''====
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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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''''''Clatsop County DA Makes a Grab for Astoria DUIIs''''''
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Independent consultants investigating 7 Portland police shootings released their report this week. [http://www.portlandonline.com/auditor/index.cfm?c=52199&a=399048 The report ]details some of the consistent errors that led to the shootings and calls on PPB and the City to end a 48-hour rule that allows police to wait two days before answering questions related to the use of force. They also criticize officers for failing to give medical assistance to victims. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/05/portland_police_fail_to_learn.html Oregonian ]report.
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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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'''Civil Forfeiture Law - Evading State Law and Making Bucks'''
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===='''City Council Supports Cop Cams'''====
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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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'''SCOTUS Grants Cert on FISA Challenge'''
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The remaining advocates on City Council have agreed to the new ordinance to allow videotaping on private property, which will be monitored by the police. Although there are some limitations on when and how to monitor the tapes, those in "high-crime" neighborhoods do not seem to fall under those protections. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/05/portland_city_council_poised_t.html Oregonian] report.
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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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===='''Yovane Muro: uncertain future'''====
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Yovane Muro, who was charged with a 2004 murder, has been found unable to assist in his defense because of mental health issues. However, at this particular juncture he is no longer subject to civil commitment either. Because he now needs to be released from custody, police and prosecutors are grasping for a new ways to keep tabs on Mr. Muro. Read more in [http://www.oregonlive.com/forest-grove/index.ssf/2012/05/man_accused_of_2004_forest_gro.html the Oregonian] report.
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===='''Really Want to End Stop &amp; Frisks? CHANGE THE STANDARDS!'''====
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A recent [http://www.nytimes.com/2012/05/24/opinion/how-to-end-stop-and-frisk-abuses.html?src=recg editorial in the New York Times] takes a not-so-novel position for criminal defense attorneys: if you really want to end abusive stop and frisks, change the standards for conducting them. Anything short of changing those policies isn't good enough.
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{{wl-publish: 2012-06-03 11:23:55 -0700 | sduclos }}

Revision as of 19:10, December 21, 2012

Contents

Investigation Confirms-PPB Continues to Make Same Mistakes in Police Shootings

Independent consultants investigating 7 Portland police shootings released their report this week. The report details some of the consistent errors that led to the shootings and calls on PPB and the City to end a 48-hour rule that allows police to wait two days before answering questions related to the use of force. They also criticize officers for failing to give medical assistance to victims. Read more in the Oregonian report.

City Council Supports Cop Cams

The remaining advocates on City Council have agreed to the new ordinance to allow videotaping on private property, which will be monitored by the police. Although there are some limitations on when and how to monitor the tapes, those in "high-crime" neighborhoods do not seem to fall under those protections. Read more in the Oregonian report.

Yovane Muro: uncertain future

Yovane Muro, who was charged with a 2004 murder, has been found unable to assist in his defense because of mental health issues. However, at this particular juncture he is no longer subject to civil commitment either. Because he now needs to be released from custody, police and prosecutors are grasping for a new ways to keep tabs on Mr. Muro. Read more in the Oregonian report.

Really Want to End Stop & Frisks? CHANGE THE STANDARDS!

A recent editorial in the New York Times takes a not-so-novel position for criminal defense attorneys: if you really want to end abusive stop and frisks, change the standards for conducting them. Anything short of changing those policies isn't good enough.

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