Criminal Defense News of the Week

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by: Sduclos • November 20, 2012 • no comments

Another Heartbreaking Exoneration from Texas Michael Morton spent 25 years in prison based on a wrongful conviction for his wife's murder. Not only did the local sheriff's department refuse to accept the testimony of witnesses or follow obviously contradictory evidence, the county DA himself refused to test for DNA evidence unless Morton would first accept responsibility for the murder. 25 years later, the DA apologized, with the caveat that law didn't exactly require him to disclose evidence at the time. NPR's account available here.

What's the deal with employment discrimination for people with criminal records? The NYT reports that a 2011 study from the National Employment Law Project shows that about 90 percent of companies use criminal background checks in hiring decisions and routinely deny employment, even for entry-level jobs. The EEOC ruled 25 years ago that this type of discrimination is illegal under the Civil Rights Act unless there is a compelling business reason. Last Wednesday, the EEOC reviewed the ruling and set new rules and created the presumption that consideration of criminal history is ILLEGAL.

NC Anti-Bias Law Moves a Man Off of Death Row

North Carolina is one of two states that allow inmates and death eligible defendants to present evidence, including statistics, that suggests race played a major role in their being charged or sentenced to death. Marcus Reymond Robinson was able to show, largely through statistical evidence and jury selection procedures, that there was intentional discrimination in his sentence. See NYT report.

Photo-survey documents the juvenile incarceration system Photographer Richard Ross has spent five years photographing architectures, cells, classrooms, and youth in the juvenile incarceration system. The photo-survey, Juvenile-In-Justice documents 350 facilities in over 30 states as a call to action to create separate housing for pre-adjudicated youth and improve facilities and care. See these amazing photos on Wired.