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Posts tagged "Criminal defense"

Preparing a jury to deal with implicit bias

Attorneys and judges in Colorado may be able to take steps to reduce the likelihood that juries will reach verdicts based on implicit racial bias. According to a paper published in the Seattle Journal for Social Justice by an assistant federal public defender, one judge in Iowa does a PowerPoint presentation for potential jurors. The paper includes a number of other suggestions for addressing implicit racial bias. Although its focus is on the Latinx population, the techniques can apply to other populations as well.

Colorado Supreme Court orders new trial in sexual abuse case

A 35-year-old man who spent six years in prison after being convicted of sexually assaulting a 7-year-old girl will receive a new trial. He appeared at an arraignment hearing in a Colorado courtroom on Feb. 3 and will remain free until he appears in court again on a $25,000 bond. He would not have been eligible for parole until 2024 under the terms of his 2013 custodial sentence of 12 years to life.

Why Miranda rights are so important

When people in Colorado are arrested by the police, they should receive mandatory warnings that remind them of their right to protection from self-incrimination under the Fifth Amendment. Called Miranda warnings, this list of rights is associated with a 1966 Supreme Court case that affirmed a person's right to be warned of their constitutional protections when taken into police custody. People arrested for criminal charges must be told that they have the right to remain silent, that their words could be used against them in court later, that they have the right to an attorney and that a lawyer will be appointed for those who cannot afford their own.

SCAN is a popular but controversial law enforcement technique

Colorado residents may be surprised to learn that a controversial technique considered to be even less reliable than polygraph testing is popular with law enforcement agencies across the country. Scientific Content Analysis, or SCAN, involves analyzing the written answers that criminal suspects provide to a series of questions, and even those who perform SCAN evaluations concede that their trust in the technique is based more on faith than on science.

Judicial bias may lead to bad decisions

For people facing criminal charges in Colorado, the idea that the judge presiding over the case might be biased can be frightening. Judges are simply people, though, and they bring their biases into the courtroom more than those in the legal profession would like to admit. Indeed, research has shown that a person's belief in his or her objectivity might actually increase the likelihood of a biased outcome. A criminal defense lawyer might be able to overcome judicial or institutional bias on behalf of a client and get a fair trial.

Study shows unfairness in community service sentencing

When Colorado residents imagine community service sentencing, they may think of it as a beneficial program that helps people avoid jail time without paying costly fines that they cannot afford. However, one study indicates that community service can further entrench some of the very problems it is touted to alleviate. Most people who are sentenced to community service have low incomes, and they opt for community service because they cannot pay a fine and do not want to deal with extensive court debt that could spark later legal repercussions.

Arrest rates soar despite falling crime

Police departments in Colorado and around the country are arresting people in record numbers despite plummeting crime rates, according to a recent RAND Corporation study. The violent crime rate in the United States has fallen by almost 50% since 1993, but Americans today are far more likely to be taken into custody by the age of 26 than members of previous generations. Almost one in four Americans born between 1979 and 1988 have at least one arrest on their records. Only 6.4% of those born before 1949 have been taken into custody.

States pass tougher laws on jailhouse informants

Colorado residents want to believe that the U.S. justice system is fair and just, but that isn't always the case. In recent years, new DNA testing technology has exonerated dozens of inmates who were incarcerated based on the false testimony of jailhouse informants. As a result, a number of states are tightening the regulations prosecutors must follow to use informant testimony in court.

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