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Criminal Defense News of the Week

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by: Sduclos • November 20, 2012 • no comments

Contents

Why Arbitration Stymies Efforts to Discipline the Portland Police

The Oregonian reported Sunday on an ongoing issue with Portland Police discipline - arbitration tends to favor the cops in political cases. Although the union often chooses not to challenge a disciplinary action, when they do, arbitrators choose from a litany of options to overrule suspensions and other discipline. Namely, the police were acting according to their training, past officers were not disciplined as harshly, etc. Among ideas to change the system is a matrix system in which officers can know what to expect when they commit certain violations.

FBI Reviewing Lab Work on THOUSANDS of Convictions

The Justice Department and FBI will review thousands of convictions involving hair sample evidence. In April, the Washington Post identified two men wrongly convicted largely based on testimony of FBI scientists. Now, the DOJ is partnering with the Innocence Project to review the government's use of the lab analysis, which was repeatedly linked with wrongful convictions. Read more here.

Arbitrators Reverse Suspensions in Chasse Death

The arbitrators did it again - this time, they dismissed the two-week suspensions against former Officer Christopher Humphreys and Sgt. Kyle Nice stemming from the death-in-custody of James P. Chasse Jr. in September 2006. According to the 60-page ruling, the officers had no way of knowing that Mr. Chasse, whom they Tasered, needed to go to the hospital. The arbitrators found that there was no evidence Chasse suffered from "hyper stimulation and/or agitated delirium," as his vital signs showed no elevated heart rate, blood pressure, temperature or respiration. Humphreys says he looks forward to serving as Wheeler County Sheriff. Oregonian article here.

New Report - Decriminalization of Drug Possession Doesn't Increase Use

A new report, published by "Release," a UK research group focused on drug laws and use, reviewed the evidence in 21 countries that have adopted some form of decriminalization. The report found that those countries did not see a serious impact on drug use but a huge impact on the use of arrests and prisons. Dr. Ernest Drucker of Columbia's Mailman School of Public Health provides his opinion in HuffPo.