about 3 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 4 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 4 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 4 years ago - 7 comments
The big news of the weekend thus far, for me at least, has been the announcement by the NYCLU that it is filing suit in New York, alleging Constitutional violations by the State for its failure to provide adequate resources to public defenders. From the press release: “Every day, in courtrooms throughout the state, New…
about 4 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 4 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 4 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 4 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 4 years ago - 2 comments
Say two thirds of those polled in this latest Quinnipiac University poll. There you go legislators. Only 35 percent of voters support a so-called “third strike” law where a person convicted of three violent felonies automatically is sentenced to life in prison, while 63 percent say sentences should be decided on a case-by-case basis. Oh…
about 4 years ago - 2 comments
After being denied a new trial in State court, Michael Skakel is now going straight to federal court. His attorneys filed a petition for writ of habeas corpus (not petition for new trial as the Courant first reported), raising essentially the same failed claims from his direct appeal to the Connecticut Supreme Court. I’m not…
