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Posts tagged "Evidence"

Iowa Supreme Ct: Immigration status OK to consider in sentencing

In 2018, a Mexican immigrant who had been brought to the U.S. as a teenager was convicted in Iowa of intent to deliver marijuana. During a 2017 traffic stop, officers allegedly found 184 one-pound bags of marijuana and a handgun in his car. Although he claimed he had been using the marijuana to treat back pain, Guillermo A. pled guilty to the charge.

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.

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.

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.

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.

Report: Federal prosecutors oversold courts on FBI photo analysis

The case involved South Carolina bank robbery. Witnesses were unable to ID the robber and the bank's surveillance video turned out to be too grainy to help. When the FBI finally arrived at a suspect, the man countered that the robber had been his brother. With only low-quality video to go by, how could investigators tell which brother had committed the crime?

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