Ken Strutin’s exemplary research once again advances our understanding of critical issues pertaining to our justice system in the United States. According to Strutin: ‘the number of innocent people in post-conviction confinement is counted in the thousands, the pre-trial population of the unconvicted is in the millions. Every accused has constitutional rights to liberty, dignity and innocence, and yet, confinement often arrives before conviction. Money bail has the unfortunate effect of monetizing personal liberty and alchemizing human beings into negotiable instruments. This is the slippery slope of criminal justice, the erosion of liberty and due process. So it is that excessive bail bars the way to fully realize constitutional rights and increases the risk of wrongful conviction. Present efforts to improve pretrial release and detention practices have inspired some legislative and policy changes as well as bail funds and advocacy programs. This guide and annotated bibliography covers noteworthy legislation, court decisions, reports and guides, news articles and other sources concerning bail reforms and practices.”
This overview by Peter Charles focuses on the impact of data collection in reference to DUI prosecutions, and includes recent court cases, notable articles on DUI law, and loops in the escalating use of data collection and privacy rights.
Notable developments in courtrooms, academia and government institutions, both state and federal, are laying the groundwork for challenges to fingerprint matching. This extensively researched, comprehensive annotated bibliography by Ken Strutin includes new and noteworthy materials such as key opinions, significant articles and online resources concerning accuracy, reliability, validity as well as authenticity of fingerprint evidence. It also includes information on scientific and technological developments that are pushing the frontiers of biometric analysis.
Report – President’s Council of Advisors on Science and Technology Casts Doubt on Criminal Forensics
The President’s Council of Advisors on Science and Technology (PCAST) stated in their report – “Among the more than 2.2 million inmates in U.S. prisons and jails, countless may have been convicted using unreliable or fabricated forensic science. The U.S. has an abiding and unfulfilled moral obligation to free citizens who were imprisoned by such questionable means.” Ken Strutin’s article features information about the PCAST Report, its reception by advocates and critics, and related articles, publications and developments concerning the science of innocence.
An Amazon Echo device is the subject of a prosecutor’s search warrant related to an Arkansas murder case. Nicole Black illuminates how such devices are complicating issues related to consumer privacy and vendor responses to search warrants. The ubiquity of Internet of Things (IoT) devices in homes will no doubt result in more warrants for the data they collect.
This expansive, comprehensive and up-to-date guide by Lyonette Louis-Jacques, Foreign and International Law Librarian and Lecturer in Law at the University of Chicago D’Angelo Law Library, references resources that include books, loose-leaf, online, database and e-government sites, services and resources.
Ken Strutin’s article is a survey of legal scholarship and medical research concerning the study of pain and its significance for the administration of civil and criminal justice. The complexity of pain’s impact on each individual’s life is increasingly relevant in the context of the administration of civil and criminal justice. Strutin’s subject matter expertise in issues of law and justice is further articulated in this this article as he undertakes a timely review of an increasingly relevant issue that impacts the lives of defendants and complainants alike.
Criminal law expert Ken Strutin’s new article is yet another research tour de force – a collection of recent and notable developments concerning DNA as forensic science, metric of guilt, herald of innocence, and its emerging place in the debate over privacy and surveillance. The increasing use of DNA evidence to support assumptions of an individual’s guilt and less frequently as a tool to prove the innocence of prisoners wrongly convicted, reflects many facets of the changing fabric of the American criminal justice, the role of the Fourth Amendment and the increasing collection of a wide range of biological evidence from crime scenes whose metadata then is searchable within the national DNA database.
Ken Strutin writes in his latest article as follows -“science has much to say about how individual behavior and group wide phenomena influence the core issues of criminal justice. From self-incrimination to self-representation, from prosecuting to judging, from trial to punishment the law recognizes that there are subtle psychologics at work. Indeed, there is one long continuum of cognitive realities that pervade every precinct of criminal justice. And now, scientific study and legal scholarship has uncovered hidden biases in the deliberations of justice as well as overt barriers to cognitive functioning associated with confinement. This article is a collection of research into the cognitive nature of criminal justice participants, the constraints of confinement, and the administration of justice.”
Ken Strutin’s article surveys notable legal developments, new scholarship, and recent scientific research concerning the administration and effects of solitary confinement. Strutin describes solitary confinement as punishment’s punishment. He states that solitary is where the mind is worn out by pacing the same floor, viewing the same walls, tuning in to the same sounds without relief. He documents how extreme isolation has devastating psychological and physical consequences, collectively described as “SHU syndrome.” Strutin delivers illumination to the heart of legal challenges and legislative reforms now supported by an expanding body of research into the harmfulness of prolonged human isolation.