In its report "A Tale of two Countries: Racially Targeted Arrests in the Era of Marijuana Reform," the ACLU points out that marijuana arrests continue to clog the criminal justice system even though there is broad support for legalization. And, 9 out of 10 marijuana...
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Supreme Court guarantees unanimous jury in serious criminal cases
The Sixth Amendment to the U.S. Constitution doesn't specifically grant criminal defendants the right to a unanimous jury, but the protection is so fundamental to justice that it is assumed. This is according to a majority of the U.S. Supreme Court led by Justice Neil...
Intoxalock Asks an Attorney: The OWI/DUI process during COVID-19
View the Blog: https://www.intoxalock.com/blog/post/owi-dui-process-during-covid19/ on Monday, April 20, 2020. With the outbreak of coronavirus, formally COVID-19, standard procedures relating to the process following a drunk driving charge have been modified in many...
Supreme Court: It’s reasonable to assume a driver is car’s owner
The Fourth Amendment of the United States Constitution prohibits "unreasonable" searches and seizures by the government, including police officers. A search or seizure can be anything from a momentary stop to a full search and arrest. Over the years, courts have...
If you violate a site’s terms of service, are you a criminal?
The federal Computer Fraud and Abuse Act (CFAA) could be considered a harsh law by any standards. For the offense of "accessing a computer and obtaining information," you could be sentenced to up to 5 years in federal prison on a first offense.Could you be sentenced...
Supreme Court: States may determine their own insanity defenses
Traditionally, the insanity defense has been available in two situations: Due to a mental illness or defect, the defendant could not keep his actions within the dictates of the law. Due to a mental illness or defect, the defendant could not appreciate the wrongfulness...
Can the police test shed skin cells for DNA evidence?
Human beings leave behind DNA wherever we go. We shed skin. We sneeze out DNA-containing droplets. We shed hairs. We can't avoid it.Now, DNA testing has reached the point where the police could start testing this unavoidably-shed DNA and using it in criminal cases....
Increased OWI enforcement for St. Patrick’s Day begins now
You may need more than the luck of the Irish to get home safely on St. Patrick's Day. It's one of the biggest nights of the year for drinking, and that means there will be a lot of impaired drivers on the roadways Tuesday -- and also this weekend.That's why there will...
Law enforcement increasingly using ‘reverse search warrants’
Traditionally, search warrants only went one direction. A crime was committed or suspected, and the police would investigate. Witnesses would be contacted. A theory would be developed. When the police had probable cause to search for evidence, they got a search...
Study: The FBI’s blue jean wear mark analysis is not reliable
Over the last year, the nonprofit investigative newsroom ProPublica has published a series of articles that called into question whether some forensic techniques produce reliable results. One of the techniques questioned is the matching of wear marks along the seams...
