Posted on May 13, 2021 in Criminal Law

The issue of mass incarceration has received a great deal of attention in recent years. However, probation is another aspect of the criminal justice system that affects even more people than incarceration, and advocates for criminal justice reform believe that it is used far too often and imposes unnecessary restrictions that affect people’s rights. Because of this, many are calling for changes to laws and policies that would increase protections for people who are involved in criminal cases and help them receive the treatment and rehabilitation they need.

Problems With Probation

The Bureau of Justice Statistics has reported that in 2018, 3.54 million people in the United States were serving a sentence of probation, while 1.6 million people were incarcerated in jails and prisons. This illustrates how often sentences of probation are issued in criminal cases. In fact, probation is often the default sentence imposed when defendants make plea bargains with prosecutors and agree to plead guilty in order to receive lesser charges.

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 Posted on May 06, 2021 in Search and Seizure

Electronic data is a factor that plays an important role in an increasing number of criminal cases. Law enforcement officials use multiple different methods to collect data about suspects, including where they have traveled and the people they have contacted or associated with. While people are becoming more aware of the risks that their personal information may be accessed through their cell phones, they may not realize that the vehicles they drive may also be collecting information that could be accessed by law enforcement.

The extent of this issue was recently made clear when The Intercept obtained a contract between U.S. Customs and Border Protection (CBP) and a Swedish firm that provided “vehicle forensics kits.” This contract described the ways that CBP could use the firm’s technology to obtain evidence about how a vehicle was used, as well as data from cell phones or mobile devices that paired with a vehicle. While this specific contract only applied to CBP, other law enforcement agencies such as local police departments may have access to similar technology that will allow them to obtain vehicle data during criminal investigations.

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 Posted on April 27, 2021 in Criminal Defense

Traffic stops have been a topic of discussion recently due to multiple incidents in which people were killed by police officers after being pulled over for minor traffic violations. The most recent high-profile case, which took place in Brooklyn Center, Minnesota, involved Daunte Wright, a Black man, being killed after being pulled over for an expired vehicle registration. In that case, the officer claimed that she meant to use a Taser, but accidentally drew her firearm instead and fired a fatal shot.

Unfortunately, these types of situations occur all too frequently. Many drivers, especially those who are minorities or people of color, worry that they will do the wrong thing after being pulled over, leading police officers to take violent action and injure or kill them. By understanding the right steps to take during a traffic stop, drivers and passengers can avoid being harmed and protect their rights if they end up facing criminal charges.

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 Posted on April 20, 2021 in Criminal Defense

Over the past several years, a great deal of attention has been paid to the issue of police misconduct. In several high-profile cases, police officers have been accused of using excessive force, especially against minorities. This was most recently highlighted in the case of Daunte Wright, who was killed by a police officer during a traffic stop in Brooklyn Center, Minnesota. This particular case has highlighted an issue that affects many Black people and other minorities. Police officers often pull people over for minor traffic violations, but these incidents may lead to more serious criminal charges, and an encounter may turn deadly, resulting in serious injuries or death.

How Police Use Traffic Stops as “Fishing Expeditions”

Traffic stops are meant to protect public safety, and police officers may stop a driver who has committed traffic violations such as speeding, running a red light, making illegal turns, or other unlawful actions that endanger others on the road. However, officers may pull people over for other types of violations, such as an expired registration or a broken tail light.

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 Posted on March 31, 2021 in Criminal Law

Even though nearly everyone carries a cell phone with them at all times, it has become more and more clear in recent years that this practice exposes a great deal of our personal information. For those who may potentially face criminal charges, police officers or other law enforcement officials may be able to access location data and other information that can be used as evidence. This was made clear following the riots that took place in Washington, D.C. on January 6, 2021. While investigating and prosecuting those who were involved in these incidents, the FBI has accessed multiple different types of personal data. This has raised questions about what types of information are available to law enforcement officials and whether the collection of this data violates people’s constitutional protections against illegal search and seizure.

Location and GPS Data and Search Warrants

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 Posted on March 17, 2021 in Criminal Defense

Technology is always improving, and as computers get faster and more efficient, more and more people have welcomed these devices into their homes and used them in nearly every aspect of their lives. However, many people do not realize the full extent that these systems play both on the personal level and in society at large. One issue that has affected people in recent years is the increased use of facial recognition technology in criminal cases. Police officers and law enforcement officials regularly use these tools to identify suspects and make arrests, but the limitations of technology and the biases built into these systems may result in wrongful arrests or convictions.

Problems With Facial Recognition

The use of automated facial recognition tools has become widespread in the United States, and unfortunately, it is not always clear when law enforcement is allowed to use this technology. Regulations vary from state to state, and while some cities have banned the use of facial recognition by police officers, most states have not placed any limitations on when or how these tools can be used.

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 Posted on March 09, 2021 in Criminal Defense

Many people enjoy the companionship of pets, and dogs or other animals can provide a great deal of comfort to those who struggle with emotional issues. Because of this, therapy dogs are being used in a wide variety of situations, such as hospitals, schools, and, increasingly, courthouses. While some have advocated for the use of these animals to provide comfort to witnesses, others have raised concerns about how this practice could affect the fairness of criminal cases.

Courthouse Dogs and Sympathy for Witnesses

Some courts have begun the practice of using therapy dogs to assist witnesses. These dogs, which may be referred to as “courthouse dogs” or “facility dogs,” are professionally trained by an accredited organization to ensure that they can remain calm in a wide variety of locations and situations, including crowded public spaces, elevators and stairways, and the presence of children. Facility dogs are meant to provide quiet companionship to witnesses without disrupting courtroom proceedings. In Connecticut, courts have the discretion to permit dogs to provide comfort and support to testifying witnesses.

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 Posted on February 26, 2021 in Criminal Defense

Nobody likes it when other people are not truthful with them. Most people value honesty, and they believe they can tell when someone is lying. However, spotting lies is often much more difficult than one would expect, and even so-called experts who study human behavior have a poor track record of determining when people are not telling the truth in real-world situations. While the inability to recognize lies can be troublesome in people’s daily lives, this issue becomes even more serious when a person is facing criminal charges. Law enforcement officials often build cases against suspects based on their perceptions of whether a person is telling the truth, and during a trial, a judge or jury may base their decisions on whether they find a defendant or a witness to be trustworthy. People’s biases play a significant role in these cases, and this can lead to unjust results.

Research Demonstrates the Difficulty of Detecting Lies

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 Posted on February 22, 2021 in Criminal Law

In recent years, the use of deadly force by police officers has become a major concern for people throughout the United States. Police shootings occur regularly, and they often result in the deaths of suspects, including people who were unarmed or those who potentially could have been subdued by other means. In some cases, police are authorized to use deadly force against those who are wielding knives or other weapons. To avoid becoming a victim in these types of situations, those who could be arrested on criminal charges related to knives or other weapons will want to understand when police officers are permitted to use deadly force.

Recent Appeals Court Decision Illustrates When Deadly Force May Be Used

A case that was recently heard in the 9th Circuit of the U.S. Court of Appeals involved an incident in which police officers killed a man who was armed with a knife. The man committed “suicide by cop” in which he called 911 and falsely reported an assault by a man with a knife. When two officers arrived at the scene, he ran toward them while carrying a knife, and the officers opened fire. He was fatally wounded after being shot 10 times.

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 Posted on February 09, 2021 in Criminal Defense

Those who are accused of committing crimes will often be unsure about their rights and the procedures followed when they are arrested and questioned by police officers. Unfortunately, this puts many people at a serious disadvantage, and they may say or do things that could be used against them in a criminal case. In far too many cases, police officers manipulate suspects into confessing to crimes that they did not commit, leading to convictions and lengthy prison sentences for those who are innocent.

It is impossible to know how many people throughout the United States have been convicted based on false confessions. However, The Innocence Project, which has used DNA evidence to exonerate hundreds of people who have been wrongfully convicted, reports that false confessions were a factor in 29% of these cases. Those who are facing criminal charges or accusations will want to be sure to understand their rights and the ways they can avoid incriminating themselves.

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