Daily Criminal Justice Briefing

Below is a sample of the Daily Criminal Justice Briefing, which is available exclusively to members of NACDL. The briefing comprises each day's most important stories affecting the criminal defense profession from major new sources and journals, and is delivered each day to your inbox.

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Daily Criminal Justice Briefing
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 Friday, January 27, 2017 

Law.com/New York Law Journal (registration/subscription required for ALM/Law.com)

 Drone Operation Is Ripe for Regulation in New York, Lawyers at State Bar Meeting Say ("The Federal Aviation Administration's rules on drone operation leave plenty room for state and local governments in New York to set their own policies, experts told the New York State Bar Association's annual meeting.")

 Law.com/New Jersey Law Journal

 Doctor's Rape Conviction Tossed Over Faulty Rulings on Evidence ("An appeals court has ordered a new trial for a physician who was convicted of the sexual assault of a patient who was sedated based on findings of evidentiaty errors at trial.")

 Law.com/Daily Report

 11th Circuit: Murderer of LaFayette Teenager Can Sue for Right to Seek Parole ("Ruling she did not exceed the statute of limitations, a north Alabama woman whose death sentence was commuted can proceed with her lawsuit challenging an Alabama law enacted in 2003 aimed at retroactively preventing her parole.")

 The Wall Street Journal (subscription required)

 Russian Lawmakers Vote to Decriminalize Domestic Violence ("Bill, which has Kremlin support, reduces punishment from jail to fines or mandatory work.")

 Federal Jury Indicts Accused Florida Airport Shooter ("Counts against Esteban Santiago involve firearms and alleged violence at airport; no terror-related charges.")

 The New York Times

 How Civilian Prosecution Gave the U.S. a Key Informant ("To Justice Department and F.B.I. officials, their success in prosecuting Mr. Warsame and eliciting important information from him was proof that an alternative legal system was not needed to keep America safe from terrorism. But that belief — a founding principle of Mr. Obama’s national security strategy — is about to be challenged by his successor, President Trump.")

 Nearly 8 Decades Later, an Apology for a Lynching in Georgia ("But on Thursday evening, the fatal cruelties inflicted upon Mr. Callaway — long obscured by time, fear, professional malfeasance and a reluctance to investigate the sins of the past — were acknowledged in this city of 31,000 people when LaGrange’s police chief, Louis M. Dekmar, who is white, issued a rare apology for a Southern lynching.")

Contrary to Trump’s Claims, Immigrants Are Less Likely to Commit Crimes ("A central point of an executive order President Trump signed on Wednesday — and a mainstay of his campaign speeches — is the view that undocumented immigrants pose a threat to public safety. But several studies, over many years, have concluded that immigrants are less likely to commit crimes than people born in the United States.")

Opinion: Voting Fraud Inquiry? The Investigators Got Burned Last Time ("Little more than a decade ago, the Justice Department made investigating and prosecuting voter fraud a major priority. When top prosecutors failed to find the misconduct and refused to make partisan prosecutions, they were fired. In the fallout, Attorney General Alberto Gonzales was forced to resign in the biggest Justice Department scandal since Watergate.")

The Washington Post

In these six American towns, laws targeting ‘the illegals’ didn’t go as planned ("...[T]he experiences of these towns show how measures targeting undocumented immigrants can leave lasting and bitter racial divisions while doing little to address the underlying forces that often determine where newcomers settle.")

Editorial: In China, torture is real, and the rule of law is a sham ("Two recent cases have dramatically illustrated how brutal and arbitrary punishment from the Chinese party-state can be, including its use of torture to silence dissent and break dissenters.")

NPR

Does Your School Arrest Students? ("Kenny's story is one of several featured in a new investigation from Education Week, "Policing America's Schools," exploring the debate over school discipline, the role of police officers in schools, and why it is that black students are arrested at disproportionately high rates in much of the country.")

Drug Distributors Penalized For Turning Blind Eye In Opioid Epidemic ("In the past month, two major drug distributors, also known as wholesalers, have formally agreed to pay millions of dollars to settle claims that they failed to report suspicious orders for controlled substances to the Drug Enforcement Administration, as required by law.")

The Hill

Op-Ed Contributor: Congress must restore 4th Amendment protections for email privacy ("It will keep us safer from both overweening government and enemies abroad if Congress can get reform over the finish line.")

Associated Press

AP source: Border Patrol chief says he's been forced out ("The man charged with protecting America's borders was ousted Thursday, one day after President Donald Trump announced ambitious plans to build a massive wall at the Mexican border and bolster the ranks of the Border Patrol.")

Reuters

Philippines' Duterte wants to hang rogue cops behind Korean's murder ("Philippines President Rodrigo Duterte apologized to South Korea on Thursday after policemen killed one of its citizens, then said he wanted to hang rogue police and send their heads to Seoul. He called again for the death penalty to be reinstated so that he could hang 20 criminals a day.")

The Christian Science Monitor

Federal judge declares Ohio’s execution process unconstitutional ("Though Magistrate Judge Michael Merz’s ruling is likely to be appealed, it points to a broader trend in concerns about the death penalty. New justice and economic arguments are also coming to the fore.")

CityLab

Sanctuary Cities Are Safer and More Productive ("New research contradicts President Trump’s claim that these areas do 'immeasurable harm' to their residents.")

The Intercept

Malnourished Prisoner's Death Reveals Horrific Conditions in a Texas Prison ("Why did they ignore or make so very little of Rodgers’s dire medical condition even before the blows to his head? The inmate’s family has raised questions about Greggs’s alleged involvement, Rodgers’s medical treatment at the Clements unit, and the conduct of the prison staff.")

Philly.com

Trump said Philly's murder rate is 'terribly increasing.' It's not. ("President Trump said Thursday that Philadelphia's murder rate has been 'steady, I mean, just terribly increasing.' By almost any interpretation, he's wrong.")

The Baltimore Sun

26 killings in 25 days: Baltimore police search for solutions to year's lethal start ("As Baltimore struggles with a deadly start to the year, the mayor and police commissioner on Wednesday called on help from the community, other city agencies, prosecutors and even the president to help slow a pace of one homicide a day.")

The Times-Picayune

The Times-Picayune, AP seek sealed records in Danziger Bridge probe of misconduct ("The Times-Picayune and The Associated Press are asking a federal judge to allow public access to court documents related to the U.S. Justice Department's probe of prosecutorial misconduct in the now-completed cases of New Orleans police officers who pleaded guilty to killing and wounding civilians near the Danziger Bridge after Hurricane Katrina.")

Chicago Sun-Times

Federal judge approves settlement in parole lawsuit ("Former Illinois inmates accused of violating their paroles and unable to afford an attorney now have a better chance of receiving a fair hearing — and legal counsel — during parole revocation hearings. A lawsuit alleging the state’s parole revocation process was unconstitutional was settled Wednesday.")

Detroit Free Press

How Detroit is helping inmates prepare for jobs ("With the unemployment rate at 76% among newly released prisoners in Wayne County, the City of Detroit is using a $4.5-million grant from the U.S. Department of Labor to prepare inmates such as Hernandez for jobs in environmental work, culinary arts and fork-lift operation. According to Mayor Mike Duggan, all these fields are hiring workers in Detroit.")

KATC (Louisiana)

UPDATE: Chief clarifies use of hate crime law ("Calder said his officers absolutely understand the difference between resisting arrest and a hate crime. Still, the chief told a local news station earlier this week that he stood by his original statements to KATC.")

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