Federal judge has no power to expunge valid conviction, 2nd Circuit rules

A federal judge in Brooklyn had no power to expunge the valid conviction of a woman who said her arrest record prevented her from getting a job as a home health aide. The decision (PDF) last Thursday by the New York-based 2nd U.S. Circuit Court of Appeals found that U.S.…

Aug 15, 2016 7:00 AM CDT

‘I wasn’t a pedophile,’ Sandusky testifies in retrial bid

Former Penn State assistant football coach Jerry Sandusky took the stand on Friday in a bid for a new trial and declared his innocence. “I wasn’t a pedophile,” Sandusky said. “I wasn’t a preferential sex predator. I wasn’t the monster I was made out to be.” Philly.com and Pennlive.com have…

Aug 12, 2016 2:26 PM CDT

Abolish private, for-profit probation that puts offenders deep in debt, ABA House urges

On Monday, the ABA’s House of Delegates easily passed and strongly condemned the use of for-profit, privatized probation companies funded by the offenders themselves. Sponsored by the Young Lawyers Division, Resolution 111B met with strong approval from the House, after a year in which these private probation systems have become…

Aug 8, 2016 8:20 PM CDT

Justice reform advocates offer a roadmap for reforming pretrial release

Alec Karakatsanis was working on debtors’ prison issues when financial bail grabbed his attention. Karakatsanis, a co-founder of the small nonprofit Equal Justice Under Law, was observing court proceedings in downtown St. Louis when he saw a woman appear on drug-related charges. She had been arrested after riding in a…

Aug 5, 2016 4:02 PM CDT

Prosecutors drop murder charges against man awaiting retrial in Chandra Levy’s slaying

Prosecutors have dropped murder charges against a man awaiting retrial in the death of intern Chandra Levy. Prosecutors in Washington, D.C., said they were dropping charges against Ingmar Guandique, report the Washington Post, the Washington Times and the Associated Press. Guandique had been convicted of the slaying in 2010, but…

Jul 28, 2016 2:58 PM CDT

Actual innocence is needed for claim of sentencing malpractice, Washington Supreme Court says

Corrected: The Washington Supreme Court has upheld dismissal of a legal malpractice suit filed by a man who won resentencing in his rape case but didn’t get a new sentence until 12 years afterward. The state supreme court ruled (PDF) on Thursday that actual innocence is needed to establish criminal…

Jul 8, 2016 10:49 AM CDT

‘Preventative law’ practice aims to stem the tide of heroin addiction

America's heroin problem is hardly a secret anymore. Broached in the New Hampshire presidential primary, heroin addiction has been a subject for newspapers, magazine articles, television shows and books.

Jul 1, 2016 2:10 AM CDT

SCOTUS to consider case of death-row inmate whose case was ‘marred by racial overtones’

The U.S. Supreme Court has agreed to consider the case of a death-row inmate whose own defense expert testified he is statistically more likely to be dangerous in the future because he is black. At issue is whether the inmate, Duane Buck, was entitled a Certificate of Appealability to press…

Jun 6, 2016 10:41 AM CDT

Are private education programs for shoplifters a second chance or extortion?

Jun 1, 2016 2:40 AM CDT

Veterans Village of San Diego provides holistic services, including homeless court and legal aid

Shellie Bowman still remembers how clearing a lengthy criminal record affected one client at the Veterans Village of San Diego, a comprehensive homeless services agency.

Jun 1, 2016 1:10 AM CDT

FBI introduces Iris, a Labrador retriever trained to sniff out digital devices

The FBI has a new worker with a unique skill: Iris, a Labrador retriever, is the agency’s first dog trained to sniff out electronic devices including cell phones, computers, thumb drives—and detonators. Trained by the Connecticut State Police, the 19-month-old canine does so by scenting two chemicals that are commonly…

May 26, 2016 1:50 PM CDT

How well do people actually know their Miranda rights? (podcast with transcript)

"You have the right to remain silent.” Because of TV shows and movies, most people probably know at least this part of the Miranda warning. But do people actually understand all of their Miranda rights? Fifty years after the landmark decision in Miranda v. Arizona, the ABA Journal's Stephanie Francis Ward speak to Russell Covey of Georgia State University State’s College of Law to find out what people know and don’t know about their rights.

May 23, 2016 8:00 AM CDT

New Senate bill would block SCOTUS-approved rule change expanding DOJ’s surveillance powers

A small bipartisan group of U.S. senators has introduced a proposed bill to curtail computer intrusions by the U.S. government. Their Stop Mass Hacking Act, introduced Thursday by Sen. Rand Paul (R-Ky.) and Sen. Ron Wyden (D-Ore.), would reverse a change to Rule 41 of the Federal Rules of Criminal…

May 20, 2016 5:45 AM CDT

Secret Snitches: California case uncovers long-standing practice of planting jailhouse informants

Angry about a child custody dispute, Scott Dekraai armed himself with three handguns, drove to the beauty salon in Seal Beach, California, where his ex-wife worked and opened fire. The two-minute rampage in October 2011 left eight people dead and one injured, making it the worst mass shooting in Orange…

May 1, 2016 4:10 AM CDT

On 50th anniversary of landmark Miranda decision, is it more than mere words?

May 1, 2016 3:40 AM CDT