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Posts tagged "Criminal Defense"

What is a prosecutor's duty if an officer is shown to have lied?

Prosecutors have a legal and ethical duty not to knowingly allow perjury. If a prosecutor learns that a witness -- even a police officer -- in one of their cases lied on the stand, that prosecutor is required to notify the judge and attempt to correct the matter.

New FBI data shows violent crime continuing its downward trend

The violent crime rate in the U.S. hit a high in approximately 1990 and then began to taper off. That trend continued until 2015 and 2016, when the violent crime rate rose slightly. In 2017 and 2018, however, the violent crime rate resumed its downward trend. Now, the violent crime rate is half of what it was in the early 90s.

Momentum growing to limit the role of jailhouse informants

It's a tale as old as time. Someone is arrested and held in jail before trial. Naturally, they're desperate for a friendly face or a caring voice. They spill their guts to their new friend, giving details of the crime. That "friend" contacts the prosecution offering to turn over those details in exchange for a break on their own sentence.

When can Iowa cops seize your property before a conviction?

Recently, the libertarian Reason magazine called attention to Linn County. The Sheriff's Office there has just purchased a BearCat G2 armored vehicle for $297,061. They apparently got the money for the military vehicle through civil asset forfeiture.

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."

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