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Criminal Defense Archives

Some eyewitnesses are mistaken. Is it possible to tell who?

In many criminal cases, the police rely on the testimony of an eyewitness to the crime. Eyewitnesses may have crucial information about what happened, of course. They are also frequently used to identify a suspect. These identifications are typically done by having the eyewitness look at a lineup or an array of photographs.

22% of new Iowa prison entries are for minor supervision breaches

The idea of parole and probation was to reduce the number of people in prison, but states are spending millions on incarcerating people for technical violations of their supervision agreements. In Iowa, for example, 40% of the prison population is made up of parole and probation violators. And, 56% of all new prison admissions are for supervision violations -- 22% of them technical violations.

Supreme Court upholds 'dual sovereigns' double jeopardy doctrine

Terance Gamble was convicted of second-degree robbery and domestic violence charges in Alabama, both of which made it illegal for him to purchase or carry firearms under Alabama and federal law. In 2015, he was pulled over for a missing headlight. An officer searched his car and found marijuana and a handgun.

Eighth Circuit reaffirms: Swearing at cops is protected speech

"With limited exceptions not relevant here, even profanity is protected speech," explained a judge for the Eighth Circuit Court of Appeals. "Criticism of law enforcement officers, even with profanity, is protected speech."

Iowa man says criminal charge violated his First Amendment rights

Should criticizing the police get you charged with criminal harassment? Not if you didn't make any threats, according to the ACLU and an Adams County man. Nevertheless, the man was charged with harassment in the third degree when he criticized the behavior of an Adams County Sheriff's deputy.

Sports betting still needs regulation before bets can be placed

As you may know, Governor Kim Reynolds signed a law last week that allows certain types of sports betting in Iowa by gamblers 21 and older. Although the law technically went into effect upon Reynolds' signature, the State Racing and Gambling Commission still has to draft regulations to make the betting fully legal.

Official misconduct, bad forensic evidence cause false convictions

The National Registry of Exonerations recently issued its 2018 annual report. One hundred fifty-one people were exonerated in the U.S. last year after having been wrongfully convicted of various crimes ranging from traffic offenses to homicide. Together, the exonerees lost 1,639 years of their freedom.

Facial recognition could get you broadly banned after shoplifting

Sometimes, the non-court consequences of criminal activity are as serious as the consequences of a conviction. These "collateral consequences," however, have traditionally come as the result of criminal prosecution. Most of the time, society doesn't inflict serious consequences on people who have never been convicted.

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