Blog
50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
When a person is accused of a crime, the evidence against them should be properly evaluated during an investigation by law enforcement officials. When this evidence is presented during a criminal trial, jurors should be informed about the potential for errors and the possibility that investigators came to the wrong conclusions. Unfortunately, forensic evidence is often seen as infallible, and prosecutors may claim that certain types of evidence provide incontrovertible proof of a person’s guilt. In reality, many of these forms of evidence are based on “junk science,” and the misuse or misapplication of forensic evidence can lead to wrongful convictions.
There are some forms of evidence that can be scientifically evaluated to indicate whether a person did or did not commit a crime. For example, DNA evidence can often be used to identify a person, and prosecutors may argue that the presence of a person’s DNA at a crime scene demonstrates that they are guilty. However, there are multiple other types of forensic evidence that have been called into question, including:
Those who are involved in criminal cases will often struggle to protect their rights, including when they are placed under supervised release. There are many cases where those who are convicted of crimes may receive an early release through parole, or they may be sentenced to special parole in addition to serving a prison sentence. In other cases, a person may be sentenced to probation or other forms of conditional release. Those who are on parole or probation are subject to multiple types of restrictions, and they can face additional prison sentences or penalties for a probation or parole violation. This is a serious concern for many people, and a recent study has found that criminal violations of parole or probation account for around two thirds of all prison time sentenced by state and federal courts.
People in the 21st century usually expect that images of their faces will be captured on a regular basis, such as by security cameras at stores they visit. However, they may not be aware that these images could potentially be used against them in cases where police officers investigate alleged crimes, identify possible suspects, and decide to perform arrests and pursue criminal charges. As the use of facial recognition technology by law enforcement continues to increase, many criminal defense lawyers, privacy advocates, and others who are concerned about criminal justice have raised concerns about how defendants may be affected by these practices.
According to a study performed by the Georgetown Center on Privacy and Technology in 2016, around half of all adults in the United States are included in facial recognition databases, and police in most states have access to this information. These databases include driver’s license photos and mug shots of people who have been arrested, and some facial recognition services have also compiled information from publicly available photos people have shared online, such as on Facebook or Instagram.
People who are charged with crimes can face a number of difficulties as they navigate the criminal justice system, and unfortunately, many defendants are treated unfairly by law enforcement officials and prosecutors. There are multiple ways that these officials can abuse the system, including by filing criminal charges against a person in retaliation for asserting their rights or to justify illegal actions by police officers. This is known as “malicious prosecution,” and it can often place people in a difficult position as they fight against what can seem like a rigged system. Fortunately, a recent decision by the U.S. Supreme Court may help limit these types of actions and ensure that defendants can protect their rights.
For years, courts have been divided on the issue of whether the Fourth Amendment to the U.S. Constitution protects people against criminal consequences, such as arrest or imprisonment, that are based on false statements or omitted facts by police officers or prosecutors. In a recent ruling, the Supreme Court determined that people who have been subject to malicious prosecution can pursue civil lawsuits against those who were responsible in cases where charges are dropped or when they are acquitted.
Nearly everyone agrees that sex crimes are a serious issue that should be addressed by the criminal justice system. Sexual offenses committed against children can be especially horrific, and around one out of every four girls and one out of every 13 boys experience some form of sexual abuse while they are under the age of 18. However, people may disagree about the best ways to address these issues and protect children against harm. A recent study indicates that the resources the United States puts toward addressing child sexual offenses are more focused on punishing offenders than actually preventing these types of crimes from occurring.
The criminal justice system spends a significant amount of money to address child sex offenses, but nearly all of these funds go toward “reactive” efforts that take place after crimes have already been committed. There are currently more than 144,000 people incarcerated in state or federal prisons who have been convicted of sex crimes against children. Most of these offenders are required to serve sentences of at least eight years, and they are also subject to restrictions after being released, such as the requirement to register as sex offenders.
DNA contains a wealth of information about a person, and due to modern technology, this information can be used for a variety of beneficial purposes. Genetic information can provide information about a person’s health and ensure that they receive the proper medical treatments, and it can be used to establish family connections and provide details about a person’s roots. DNA is also playing an increasingly important role in criminal investigations. Unfortunately, many people do not realize how information stored in genetic databases may be used against them or others, and criminal justice advocates are questioning how storing and sharing this data may affect people’s rights.
Genetic information is being used in more and more criminal cases. Evidence gathered at a crime scene may be compared to DNA information in a variety of genetic databases to identify potential suspects. While this practice has led to some high-profile arrests, such as the identification of the “Golden State Killer,” it has also led privacy advocates to raise concerns.
Minors who are charged with criminal offenses will often struggle to protect their rights during the legal process. In many cases, prosecutors will seek harsh sentences, and if a person is convicted, they may be required to spend significant time in prison, and they may also experience multiple types of collateral consequences after being released. Advocates for criminal justice reform are working to address the practices followed by prosecutors, and one issue that has been highlighted recently involves life sentences for minors who are tried as adults for violent crimes.
Recently, a coalition of prosecutors who work at the federal, state, and local levels suggested that the United States should limit the use of life sentences without parole for juvenile offenders. The group urged Attorney General Merrick Garland to review cases where prosecutors seek these types of sentences and only allow these harsh penalties in cases where a juvenile offender is incapable of rehabilitation. It also suggested that for all other juvenile offenders, sentences should be limited to no more than 30 years.
Over the past decade, advocates for criminal justice reform have worked to highlight problems in the justice system, and some government officials have begun to implement progressive policies meant to address these issues. Unfortunately, the rates of violent crime have increased over the past couple of years, and this may affect efforts to reform the justice system. As more people become concerned about violence, they have begun to elect prosecutors and other officials who promote “tough on crime” policies. This may make it more difficult for those who are facing criminal charges to receive fair treatment and avoid serious penalties.
In recent years, people throughout the United States have been made aware of inequities in the justice system. The Black Lives Matter movement has highlighted the abuses that police officers often commit against minorities and people of color. Organizations such as the ACLU have worked to educate people about the uphill battle that many people face when they are charged with crimes, the lengthy sentences that apply even for low-level offenses, and the collateral consequences that can affect people’s lives when they are convicted. As a result, several states have begun to make reforms, such as by reducing or eliminating cash bail or limiting the types of cases where minors may be charged as adults. Some prosecutors have also made efforts to address these issues, such as by pursuing shorter sentences or limiting prosecutions for non-violent offenses.
U.S. government officials regularly take action to address multiple types of federal crimes and pursue charges against those who are accused of violating the law. Fraud is a key issue that is addressed by federal investigators and prosecutors, and a recent report from the Department of Justice has highlighted the types of cases that are being pursued. The Justice Department’s Fraud Section is continuing to focus on prosecuting white collar crimes and other financial crimes, and it is likely to take legal action against individuals and businesses who are accused of committing fraud or related offenses. By understanding the types of cases the DOJ regularly addresses, those who may face accusations of fraud or other white collar crimes can be sure they are prepared to defend themselves against federal charges.
People throughout the United States were shocked by the events of January 6, 2021. Protestors who believed that former president Donald Trump had not lost the election in 2020 engaged in violent and destructive behavior as they stormed the U.S. Capitol building. Since those events, many people who participated in the riot have been arrested and charged with crimes. Because the riot involved the destruction of government property, many of the protestors are facing federal criminal charges. However, some have been troubled by what seem to be lenient sentences for people who attempted a violent overthrow of our country’s democratic processes.
While more than 100 people have been charged with and convicted of crimes related to actions they took in the January 6 riots, many people have been troubled by what seems to be lenient treatment for these defendants. Recently, U.S. District Chief Judge Beryl Howell questioned whether the way the Department of Justice is pursuing charges in these cases is causing confusion for the American public about the attack on the U.S. Capitol.
50 Founders Plaza
