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Criminal Defense Archives

Illinois taking emergency steps to end child isolation punishments

Governor J.B. Pritzker has directed the Illinois State Board of Education to take emergency action and stop schools from isolating children behind locked doors as punishment. The Chicago Tribune and ProPublica Illinois published an investigation of the punishment, which may amount to torture.

Court: Border agents need reasonable suspicion to search devices

At the border and in international airports, ICE and the Customs and Border Protection service have been routinely rifling through people's computers and smart phones. Away from the border, law enforcement needs a warrant before it can search your phone or another electronic device. So why have border agents assumed they didn't need one?

Reports: Blood pattern analysis could use scientific improvement

In 2009, the National Academy of Sciences (NAS) issued a blockbuster report challenging the scientific underpinnings of many fields of forensic evidence. The report found that such evidence is rarely supported by rigorous study. Moreover, the analyses are often performed unscientifically, and analysts often overstate the scientific rigor of their evidence during testimony.

Called by someone demanding money and claiming to be a US marshal?

There is a scam going around that targets the public, criminal defendants and especially sex offenders. We've received some calls about it at our office, so we thought we would cover it here.

Study: Cellphone location data is not necessarily accurate

In 2009, the National Academy of Sciences issued a blockbuster report on the state of the science in forensic investigation. That report concluded that, "with the exception of nuclear DNA analysis ... no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source."

Jailhouse informants lie. Should they be allowed to testify?

A jailhouse informant is rarely someone who just wants to help. Jails and prisons have a strong anti-snitching culture, so passing along information to prosecutors is a choice that could get you in serious trouble. People don't inform on other prisoners to be solid citizens; they do it to get a break on their sentences.

Wisconsin's county jails are full of innocent people

According to the bipartisan nonprofit the Prison Policy Initiative, a third of all Wisconsin county jail inmates between 2009 and 2013 were locked up solely because they couldn't afford a low cash bail. In other words, they're behind bars before having been convicted of anything.

Does police use of Amazon's Ring constitute illegal surveillance?

The Ring doorbell sold by Amazon offers homeowners security by filming and recording everyone who enters its field of vision. Along with the product comes access to a social network called Neighbors, where Ring users can share and discuss the footage their systems capture.

The US arrests 10.5 million each year. Is that really necessary?

When researchers examined arrest data from 1997 to 2008, a third of all young adults and almost half of all African-American men had arrest records by age 23. Yet most arrests are for low-level crimes like disorderly conduct, public drunkenness and drug possession. Nevertheless, America's 18,000 police agencies arrest about ten and a half million people every year.

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