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50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
Most people are familiar with the term “double jeopardy,” or they have probably at least heard of the concept. Protection against double jeopardy is written into the Fifth Amendment to the United States Constitution, which states that “no person shall...be subject for the same offense to be twice put in jeopardy of life or limb…” Basically, this provides U.S. citizens with protection against being tried more than once for the same crime. This issue typically arises when a person allegedly commits a criminal offense in more than one state or jurisdiction. Recently, the Supreme Court dealt with this issue by looking at whether or not those facing criminal charges could be tried for the same crime in both state and federal courts.
The case that made it to the Supreme Court dealt with a man who is currently a federal prison inmate. The Alabama man appealed to the Supreme Court after he was charged on both the state and federal level for possessing a gun after a previous felony robbery conviction. On the state level, he was sentenced to one year in prison. When tried for the same crime on the federal level, he was sentenced to 46 months in federal prison, a sentence that was to run concurrently with the other sentence.
For the past couple of years, increased focus has been placed on the criminal justice system and making it more fair for everyone. One of the facets of the system that has received increased scrutiny lately is the bail and bond system. Proponents of change say the current bail system is unfairly biased in favor of wealthier individuals, since they have the ability to post bail or bond without issue. Because of this, a committee of Connecticut Superior Court judges has been considering whether or not to implement new rules and criteria for posting bond, which would make it easier for low-income individuals to remain outside of jail during their criminal trials. The committee recently voted unanimously to implement new rules for posting bond.
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In Connecticut, you may face charges of driving under the influence (DUI) if you operate a vehicle while intoxicated by drugs or alcohol or if your blood alcohol concentration (BAC) is .08% or higher. If you are arrested for DUI, you will be asked to perform a chemical test to determine your BAC, and this may be either a blood, breath, or urine test. Though chemical breath tests are most commonly used to determine BAC, other methods may be more accurate, and it is not unheard of to be asked to provide a blood sample.
The point of collecting a sample of a suspect’s blood, breath or urine is to have hard evidence of the amount of alcohol or drugs in the person’s system at the time of the arrest. This evidence may be used to demonstrate that a driver was intoxicated, but in order for the evidence to be admissible in Connecticut courts, there are six requirements that must be met:
Advances in technology are constantly happening. Every day, it seems as if there is a new device, app, or way of digitally communicating with one another. While technological advancement and evolving behaviors can be beneficial for society, they often pose legal problems. A relatively new act called “sexting” is one of the latest challenges that has been posed to lawmakers across the country, and both parents and children should be aware of the potential sex crime charges that could result from this type of activity.
Sexting is a type of sexual behavior that occurs when two people consensually share explicit photos, videos, or messages through an electronic device. According to a study published in the journal JAMA Pediatrics, around 27 percent of teenagers say that they have received such a text message, while 15 percent of teens admitted that they have sent such a message.
In all 50 states, it is illegal to drive while you are under the influence of alcohol. If you have a blood alcohol content of more than .08 percent, you can be charged with DUI. If you are pulled over on suspicion of drunk driving, you may be asked to complete a chemical test to determine your BAC. This type of roadside breathalyzer test is used during a traffic stop to establish probable cause. After an arrest, you will be taken to the police station, where there is more accurate equipment that can establish a BAC that will hold up in court. In certain cases, however, a breath test may not always be feasible. In these cases, a urine or blood test may be used. Most of the time, a warrant must be issued before an officer can take a blood sample, though the Supreme Court recently upheld a decision which found that a warrant may not be necessary in some cases.
Crimes committed against members of the LGBTQ community have risen slightly over the past three years. According to data from the Federal Bureau of Investigation (FBI), most hate crimes are based on bias toward race and religion, but the number of hate crimes (which may include assault or other violent crimes) based on sexual orientation has risen each year between 2014 and 2017. In 2017, there were 1,130 hate crime incidents reported to the FBI that were based on sexual orientation. In some cases, when the alleged offenders are prosecuted, their defense attorneys use what is called the “gay panic” defense. In recent years, this defense has been outlawed in many states, and Connecticut recently joined the group of states who do not consider the gay panic defense as a legitimate defense strategy.
A person who allegedly committed assault or murder against a person may claim that they did so because of the alleged victim’s sexual orientation or gender identity. This type of strategy may involve claims of insanity or diminished capacity that occurred due to an interaction with a person who is gay or transgender. An alleged offender may also claim that they were provoked to commit a violent offense because of sexual advances made by the alleged victim. The gay panic defense is often seen as blaming the alleged victim’s sexual orientation or gender identity for the alleged offender’s actions. Those who oppose the use of this defense have stated that it may be used to justify and excuse the assault or murder of LGBTQ victims.
Since the 1990s, facial recognition technology has become more and more common. What was once just wishful and futuristic thinking is now present in our everyday lives in the United States. Home security devices use facial recognition to identify whether or not a visitor is someone you know. Some airports have implemented facial recognition software at check-in terminals to confirm your identity when you fly. Perhaps the most disturbing use of facial recognition technology is when it is used by law enforcement officials in criminal cases.
According to The Washington Post, the Federal Bureau of Investigation (FBI) and Immigration and Customs Enforcement (ICE) have been using various states’ driver’s license databases to access photos of millions of Americans without their knowledge or permission. The FBI has long had access to biometric data such as DNA and fingerprints -- but that data was taken from criminal suspects. The majority of the estimated 640 million photos the FBI has access to are of Americans who have never been charged with a crime. Facial recognition searches have become a routine investigative tool by the FBI, but many have argued against the effectiveness of this relatively new technology.
In today’s world, there are many technological advances that previous generations could not even dream of being possible. As the world of technology has advanced, so has the world of forensics. Advancements in technology have also allowed advancements in gathering evidence and processing that evidence for use in criminal cases. Cell phones are one such piece of technology that is used all over the world as a source of criminal evidence.
What Kind of Data Is Used as Evidence?
Cell phones -- especially smartphones -- gather, process, and store all kinds of data. From the text messages you send and receive, the photos you share, or the websites you visit, almost everything you do on your phone is stored and can be retrieved, even if you have deleted it. Some common types of data that can be retrieved from cell phones include:
The Fourth Amendment to the U.S. Constitution states that all citizens have the right to be free from unreasonable searches and seizures by the government without a warrant. This provides protection against unfair tactics by prosecutors when a person is facing criminal charges. However, in the 21st century, the increased use of digital media has resulted in a slew of complexities in criminal cases. The Fourth Amendment was written to protect the privacy of American citizens, but what happens when your private digital files are no longer private to only you? In some cases, the “private search doctrine” may apply.
Using the private search doctrine, once a private party (who is not involved with the government) has already done an initial search, the government can repeat that search without infringing upon the property owner’s individual Fourth Amendment rights. Basically, the private search doctrine allows the government to perform a search that is not technically a search in the Constitutional sense.
In the United States, immigration has always been a topic of interest, especially in recent years. For many years, immigration requirements have stated that an immigrant who commits certain crimes can lose their citizenship or residency status, and they may be deported by immigration enforcement officials. Immigration laws are complex, and there are many provisions relating to what happens when a non-citizen commits a crime, which is why help from a skilled criminal defense attorney is important in these types of cases.
In a recent case, an English immigrant who was previously convicted of crimes is still being held in an Immigration and Customs Enforcement (ICE) detention facility in Boston. ICE is still attempting to deport her, even though she received a full pardon for her crimes. The woman, who is currently a lawful permanent resident of the United States, was four years old when she came to the U.S. with her mother. The crimes that ICE is attempting to deport her for include misdemeanor retail theft charges and a felony larceny charge.
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