The US Prison system stands as an abhorrent example of degraded human rights. The UN Committee Against Torture (CAT) has urged the US to radically alter its system, specifically targeting the widespread practice of solitary confinement. According to a UN report, “physical and social isolation of individuals who are confined to their cells for 22 to … [Read more...]
Special Administrative Measures Violate International Law, Study Claims
The Center for Constitutional Rights (CCR) and Yale Law School’s Allard K. Lowenstein’s International Human Rights Clinic recently released a report condemning the use of so-called Special Administrative Measures (SAMs), arguing that they violate International and US Laws. SAMs involve the extreme isolation of individuals, who may or may not be … [Read more...]
Ohio Could Be the Next State to Implement Marsy’s Law
Ohio residents will vote on a new law next month that could set extraordinary limits on a defendant’s due process rights. Why is Ohio proposing the so-called Marsy’s Law? Purportedly, to protect crime victims’ rights. According to the proponents of the measure, crime victims are not kept abreast of the goings on of criminal procedures, causing … [Read more...]
DC Appeals Court Rules That Cellphone Tracking Device Requires Search Warrant
For years, police officers have used devices known as Stingrays to locate suspects. Largely speaking, they’ve done this with very little oversight from governmental agencies, according to an amici brief filed by the ACLU and the Electronic Frontier Foundation (EFF) in a recent appeals court case. The devices, which are also sometimes called “cell … [Read more...]
Wild West
Yesterday America took a step backwards. A step into the past. Back to a time of chaotic violence. Where high noon meant another shootout in the streets. That’s where we’re at. In the last 1,735 days there have been 1,516 mass shootings. Then comes October 2, 2017. 527 wounded; 59 people killed. This is America now. It feels like the Wild … [Read more...]
Border Patrol Not Allowed to Search Data on the Cloud
On June 20th, US Customs and Border Protection (CBP) Commissioner Kevin McAleenan sent a letter to Senator Ron Wyden (D-Ore.) admitting that border security officers have no legal authority to check a person’s social media account or any other information contained in the cloud. The letter was sent in response to a missive from Wyden asking for … [Read more...]
Criminal Defendants Face Uphill Battle
The criminal justice system in the United States is deeply flawed. It is no secret that this country currently imprisons more people, by far, than any other nation in the world. In fact, the incarceration rate in the US is five times higher than most other countries. And to illustrate the gravity of the situation, the state of Washington’s … [Read more...]
Wells Fargo Gave Car Insurance to 800,000 People Without Telling Them
In late July, it was discovered that Wells Fargo had “sold” auto insurance policies to more than 800,000 people without ever informing them. Apparently, it’s common practice for financial companies to hand out insurance to its debtors in order to protect the lender’s interests. This is known as collateral protection insurance (CPI). The thing is: … [Read more...]
The Effort to Reform the Monetary Bail System
The damaging effects (and obsolescence) of the monetary bail system are well documented. As observed by the Criminal Justice Policy Program at Harvard University, the system of cash bail divides detainees into those who can afford to pay their way out of jail and those who cannot afford such a luxury. Thus, the imposition of such a condition … [Read more...]
9th Circuit Rules – No Routine Shackling of Defendants
On May 31, 2017, the United States Court of Appeals for the Ninth Circuit ruled that routine shackling of pre-trial detainees is a violation of the Fifth Amendment. The ruling does not mean that prisoners cannot be shackled in the courtroom, but that the decision must be made on a case-by-case basis, “Before a presumptively innocent defendant may … [Read more...]
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