Criminal Procedure

1122 ABA Journal articles on Criminal Procedure.

New York considers changing discovery rules that often leave defense lawyers in the dark
Advocates have dubbed New York’s discovery scheme the blindfold law, arguing that the lack of information requires defense counsel to prepare for trial, or advise clients about plea bargains, without ever seeing the evidence.
How broken windows policing changed the legal landscape in ‘Misdemeanorland’ (podcast)

As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the…

Fees and fines threaten judicial independence
For more than a decade, state court systems have been chronically underfunded. The ABA’s Task Force on the Preservation of the Justice System has called it “one of the most critical issues facing the legal profession.” But rather than support courts and the justice system through general tax revenue, states are increasingly relying on criminal fees and fines charged to defendants.
9th Circuit to appoint special prosecutor to oppose pardoned Arpaio
A federal appeals court will appoint a special prosecutor to argue that former Sheriff Joe Arpaio’s conviction for criminal contempt should stand, despite his pardon by President Donald Trump.
North Carolina police issue broad warrants for data from Google users near crime scenes
Police in North Carolina are using search warrants to collect cellphone location data of individuals near a crime scene.
Use copyright law to battle mugshot extortion
After her DUI charge was dropped, Julie Cantu thought her nightmare was over. Then, she went on a date.
Federal judge orders courtroom doors locked before he announces ruling on stash-house stings
Chicago’s chief federal judge ensured that spectators didn’t leave his courtroom while he announced Monday that he was “reluctantly” denying a motion to toss the charges against eight people charged in stash-house robbery stings.
Dark tale of ‘The Cadaver King and the Country Dentist’ brings false convictions to light (podcast)
For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts who Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Hayne performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis and his pioneering use of UV light on human skin to detect trace markings he claimed he could match to objects. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart—and wrongful convictions began coming to light.
Georgetown law prof calls for reimagining of criminal justice system in ‘Chokehold’ (podcast)
As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished.
SCOTUS considers limits to the government’s surveillance powers over personal technology
The Supreme Court ruling in Carpenter v. United States, being heard by the court Wednesday, will affect cell towers and individuals’ data from email, smart watches, activity-tracker bands and smart appliances.
Inmate seeking to enforce original plea agreement loses case before Supreme Court

An inmate who sought to have his original plea agreement enforced has lost his case before the U.S. Supreme Court.

In a per curiam opinion (PDF), the high court…

Supreme Court allows execution of inmate who can’t remember his crime

The U.S. Supreme Court on Monday cleared an impediment to the execution of an Alabama inmate who can’t remember the crime he committed after suffering several strokes.

In a summary…

ABA urges Congress to limit use of cash bail
The American Bar Association urges governments to “prohibit a judicial officer from imposing a financial condition of release that results in the pretrial detention of a defendant solely due to the defendant’s inability to pay.”

New ‘Great Gatsby’-inspired dating app screens users’ criminal histories

Updated: Kimberly Busch is “burned out” by dating apps.

“There were too many creeps,” says the attorney and CEO of AskTheLawyers in Austin, Texas. “There were a few situations where…

A Tradition of Jailhouse Lawyers: Amateur attorneys fill vital need for inmate access to the courts
Jailhouse lawyers still serve a vital need in prisons. However, prison officials generally do not view jailhouse lawyers as valuable purveyors of knowledge.

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