Category «Criminal Law»

Caged Humanity: Conditions of Confinement and Death in Custody

“Unseen, confinement is where society’s unspent rage takes its toll on human lives. It reduces existence to a room that grows smaller with each degradation. A house of pain and trauma, its concrete walls and steel doors enclose people in jails and prisons, juvenile facilities, solitary, immigration detention and civil commitment. Incarceration intersects punishment, dignity, and end of life. And fear of its horrors are the bludgeon of interrogations, plea bargaining, and retributive justice.” This comprehensive, deeply researched and significant article by Ken Strutin compiles recent and notable reports, scholarship and news concerning the devastating spectrum of prison life and mortality. Through the perspective, insights and voluminous documentation of this leading expert on criminal justice we are given a deeper, more encompassing and meaningful understanding of a complex institutional structure that impacts the lives of millions of Americans. Strutin’s article is not only a critical legal resource but it is also a body of knowledge that calls out for understanding as well as action to ensure that civil liberties, social justice, and our belief in a just society includes the incarcerated, their families, and all of our communities.

Subjects: Civil Liberties, Criminal Law, Legal Research, United States Law

Bail in Justice: Innocence, Indigence and Incarceration

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.”

Subjects: Civil Liberties, Court Resources, Criminal Law, Legal Research, United States Law

DUI Laws and Technology – Notable DUI Court Cases and Articles

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.

Subjects: Big Data, Courts & Technology, Criminal Law, Technology Trends

Fingerprint Forensics: From Lore to Law

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.

Subjects: Civil Liberties, Courts & Technology, Criminal Law, Human Rights, Legal Research

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.

Subjects: Civil Liberties, Courts & Technology, Criminal Law, Government Resources, Human Rights, Legal Education, Legal Research, Legal Technology

Search Warrant Issued For Amazon Echo Data

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.

Subjects: Criminal Law, Discovery, Gadgets, Legal Research, Privacy

Comparative Criminal Procedure: A Select Bibliography

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.

Subjects: Criminal Law, Legal Education, Legal Research

Pain Science and the Administration of Justice

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.

Subjects: Criminal Law, Human Rights, Legal Ethics, Medical Research, Publishing & Publishers (Legal)

Evolutions in DNA Forensics

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.

Subjects: Criminal Law, Discovery, Legal Research

Cognitive Reality and the Administration of Justice

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.”

Subjects: Criminal Law