about 2 years ago - 10 comments
In my post discussing the demise of Miranda, I approvingly quoted the author’s mention of videotaping confessions as a possible solution. Scott writes today and warns us not to get too invested in videotaped confessions and why they may not be the answer. He is correct in that videotaped confessions are not very helpful and
about 2 years ago - 2 comments
Apparently, scientists have developed a new tool to “freeze” crime scene memories. The tool – a self-administered interview applied by witnesses at crime scenes – combats natural memory decay by using the latest research in cognitive psychology techniques. It ‘freezes’ images and details of crime scenes and perpetrators in the minds of witnesses, particularly small
about 2 years ago - No comments
Would you believe it? Two reversals in two weeks! Two! The Appellate Court yesterday reversed a conviction on the grounds that a Motion to Suppress should have been granted on an issue, apparently, of first impression in Connecticut. We conclude that the defendant was unlawfully detained, that his consent to search the vehicle was tainted
about 2 years ago - No comments
Veteran’s Day edition! Governor Rell is opposed to the $260million proposal to build new prisons, which was covered here. This NYT piece considers whether suspension of parole is an Ex-Post Facto violation. Norm covers the CT angle, while Scott has the New York perspective. Indignant Indigent has a great post on why it is ineffective
about 2 years ago - 1 comment
For a while now, we have heard about exonerations obtained due to DNA testing. The current number from the Innocence Project stands at, I believe, 208. One of the more common refrains you hear from champions of innocence is that there are thousands more in jail that are innocent and have no way of proving
about 2 years ago - No comments
When I got to work this morning and followed my daily routine of checking the judicial branch website to see if there were any opinions being issued today, I was excited. Giddy, even. (Get it? Giddy…) The Supreme Court had decided to release opinions in three very, very interesting cases. As luck would have it,
about 2 years ago - 2 comments
One of the first things I learned (among several hundred others) in the criminal clinic at the law school was seeking a bill of particulars. The State files a short-form information, you ask for the long-form version. You make the State commit to its theory of the case and lay out, specifically, the exact nature
about 2 years ago - No comments
Yesterday, the CT Supreme Court issued State v. Randolph [pdf], reversing a murder conviction. The Court agreed with the defendant that he should not have been tried together for two separate offenses. Here is the standard for severance in Connecticut: The defendant bears a heavy burden of showing that the denial of severance resulted in
about 2 years ago - 5 comments
It’s Monday. Have you set your clocks back one hour? The topic du jour is snitching, so let’s start off with the Windypundit’s exploration of the snitching debate from an economics perspective. Speaking of economics, Grits has this absolutely terrific post on why economic theory doesn’t apply to plea bargaining. Corrections Sentencing follows up on
about 2 years ago - 3 comments
Update: Scott clarifies (in the comments here and in this post) his definition of “rats”. He says he’s referring to defendant X who is guilty of crime 1, who, in exchange for a light prison sentence, tells the government about defendant Y who committed crime 2. If only it were that simple. Sure that scenario
