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Posts tagged "Criminal Defense"

Why are there so many all-white juries convicting black people?

According to a 1986 U.S. Supreme Court decision called Batson v. Kentucky, it violates the Equal Protection Clause for prosecutors to intentionally exclude potential jury members because of race. When the defense suspects the prosecutor is excluding jurors based on race, they can issue what is called a "Batson challenge."

Only a fraction of psychological tests used in court may be valid

One of the biggest problems facing criminal defendants may be the use of bad expert testimony. Courts are supposed to be gatekeepers for scientific claims. They're supposed to exclude any technical or scientific evidence that isn't "the product of reliable principles and methods" or that isn't supported by the majority of scientists in the given field.

You should fear a geofence warrant even if you did nothing wrong

It's easy for law enforcement to overreach their powers in their efforts to stop crime. As the police use ever-more-intrusive methods for tracking people, they often raise the argument that the innocent people caught up in their dragnets have nothing to fear.

Does registering and banning people actually prevent crime?

Although we're not from New York City, we can agree that there is probably too much public lewdness and unwanted touching going on in the city's subways. Earlier this month, New York Governor Andrew Cuomo announced a plan to clean up public transit: banning "repeat and high-risk sexual offenders" from buses, trains and subways for three years.

Do pretrial risk assessment tools produce good results?

It's a travesty when people are stuck behind bars for months or even years before they have even been convicted of a crime. However, there are sometimes good reasons to deny a person bail, such as when they are an obvious flight risk or a clear danger to the community.

How could $145 million improve forensic science?

"I think we can safely say that bite mark evidence is just junk," says Michael Semanchik of the California Innocence Project. He speaks with some authority, as he has worked for many years on the exoneration of Bill Richards, who was falsely convicted of his wife's 1993 murder.

Three ways prosecutors use coercion in plea bargaining

Plea bargaining is a bedrock of our criminal justice system. Governments simply don't have the money to take every criminal defendant to trial. They rely on the fact that a large proportion of defendants will opt for a plea deal if it means less prison time.

Many cops believe they can use this tool to test people for lying

Scientifically, it's a pipe dream. It would be convenient if we could train law enforcement officers on how to tell if people are lying, but so far there is no way to do so. That doesn't stop people from trying, though.

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