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50 Founders Plaza
East Hartford, CT 06108
50 Founders Plaza
East Hartford, CT 06108
Forensic science is the application of research, analysis, technology, and science in civil and criminal law proceedings. If you have turned on a television in the last decade and a half, you have probably seen at least one if not dozens of dramas depicting fictionalized versions of forensic investigation. When forensics experts provide testimony or evidence in a criminal case, it is easy to presume that the results in question are fully reliable and backed by solid scientific research.
In recent years, however, it appears that forensic investigators have been overstating the reliability of some of their most well-known methods, including those used to “match” a bullet to a particular firearm. The issue has become such a concern that an appellate court judge in Washington, D.C. addressed the matter in an opinion filed in the appeal of a murder conviction.
Common Methodology
While school-aged children around the country are getting back into the full swing of classes, many parents and members of the community look forward to fall Friday nights, the traditional setting for high school football games. There are few things that match the pageantry of a football game: the marching band, the cheerleaders, excitement by the teams on both sidelines, and then the cracking of pads as the game gets underway. When the action comes to screeching halt due to an injury on the field, however, there is often a moment of terror for the injured player’s family.
In most cases, on-field injuries are relatively minor—cramps, sprains, strains—are all very common in football and other interscholastic sports. Sometimes, however, things are much more serious. Broken bones, torn ligaments, and head or neck injuries can have a dramatic impact on the player’s future. If your child has been seriously injured on the field of play, you may be wondering if it is possible to hold the coaching staff liable for your child’s injuries.
The town of Preston, Connecticut, is home to a site popular among enthusiasts of the strange and paranormal. The crumbling remains of an asylum—most recently known as the Norwich State Hospital, but once called The Norwich Hospital for the Insane—have been used as a backdrop for haunted house reality television shows and as a project for paranormal investigators. Apart from being scary and disturbing, the abandoned asylum—which closed in 1996—begs an altogether different question. If asylums were once common throughout the country as a home or care facility for the mentally ill, what are we doing with such individuals now that most such facilities are closing? The answer, according to many, seems to be that we are simply holding them in different institutions now—institutions known as correctional facilities or prisons.
Staggering Estimates
According to data collected by the Treatment Advocacy Center (TAC), a nonprofit organization which helps the mentally ill get the treatment they need, the American prison system currently houses more inmates with severe mental illness than are in state psychiatric hospitals—and the numbers are not even close. The TAC reported that in 2012, more than 350,000 inmates with severe mental illness were incarcerated, but only about 35,000 severely mentally patients were under the care of state hospitals.
Did you know that, according to the Centers for Disease Control and Prevention (CDC), there are nearly 5 million dog-bite incidents in the United States every year? While many such bites do not cause serious injury, some 20 percent of dog-bite victims will require medical attention, and an average of more than 1,000 victims per day will seek emergency treatment for injuries related to dog bites.
Very few dogs will attack without some type of warning. In most cases, there are a number of signs that the animal is getting agitated and may be about to attack. While such warning signs may seem subtle, they are fairly easy to recognize once you are aware of them. Be very careful if you are near a dog is:
In certain cases, the evidence that a crime has been committed is almost overwhelming. For example, a store’s broken window combined with missing merchandise are fairly strong indications that a burglary has taken place. Violent crimes often leave similar evidence in the form cuts, bruises, wounds, and other injuries that leave little doubt as to the nature of the behavior that caused them. Sometimes, however, the physical evidence available does not offer a very clear picture of what occurred, or, even that something illegal ever happened. Medical examiners tend to be at the center of such controversy, as was the case recently in Massachusetts when a physician in the employ of the state changed his opinion regarding the death of a 6-month-old baby girl.
The Tragic Death of an Infant
More than two years ago, in March of 2014, a 6-month-old baby girl died at Boston Children’s Hospital after lapsing into unconsciousness while under the care of a sitter. The medical examiner who conducted the girl’s autopsy studied the case for a full year before releasing a report that baby had died as a result of shaken-baby syndrome. The examiner pointed to spinal fractures, retinal injuries, and swelling in the child’s brain. As a result, the sitter was charged with child’s murder.
When you hear the phrase “distracted driving,” what comes to mind? Do you picture a teenager in the driver’s seat with one hand on the wheel and the other on a cell phone typing out a text message? Over the last decade or so, texting while driving has become synonymous with distracted driving, and states all over the country, including Connecticut, have enacted laws to prohibit sending and receiving messages while driving. There are, however, countless other ways for a driver to be distracted and, while many of them are perfectly legal, a distracted driver is always dangerous, as even a single moment’s inattention can lead to a serious car accident.
Staggering Numbers
According to estimates from the National Highway Transportation Safety Administration (NHTSA), nearly one out of every five injury-causing auto accidents in the United States involves at least one distracted driver. While one in five may not sound like very many, this number equates to an average of 1,160 injuries and eight fatalities every single day as a result of distracted driving accidents. Recent studies show that more than 90 percent of drivers realize the dangers of distracted driving, yet the statistics suggest that millions continue to ignore the risks behind the wheel.
The law can be very complicated. For this reason, among others, the American legal system consists of several tiers, each designed to catch mistakes and prevent inconsistencies. Still, there is always the possibility that a court’s decision could have serious unintended consequences, as the scope of a such a decision is not always immediately evident. Such was the scenario with a ruling by a federal appeals court last month—a case in which the dissenting opinion expressed concern that millions of people may have just become “unwitting federal criminals.”
United States v. Nosal
The case in question involved a defendant who was charged with conspiracy, trade secret theft, and computer fraud against his former employer. The man, along with co-conspirators—accessed a database maintained by his former company using the login credentials of another person. As a result, the man was convicted under the Computer Fraud and Abuse Act (CFAA). The U.S. Ninth Circuit Court of Appeals was presented with the case when the defendant challenged the trial court’s decision.
Even if you have never been inside a courtroom for a criminal trial, you have probably seen dramatized versions in movies and on television. As such, you are likely familiar with the concept of a courtroom identification. While a witness—often the alleged victim or an eyewitness to the crime—is being questioned, he or she is asked by the district attorney a question along the lines of “Is the person who committed this offense present in the courtroom today?” If the response is affirmative, the witness is then asked to point out that individual for the record.
New Guidelines
Last week, the Connecticut Supreme Court handed down a ruling that places a limit on such in-court identifications. Going forward, the state must notify the court that a witness will be identifying a suspect in court for the first time, without having identified the suspect via a photo-lineup or other, non-suggestive manner prior to trial. The presiding judge is only permitted to allow a first-time identification in court if “there is no factual dispute as to the identity of the perpetrator, or the ability of the particular eyewitness to identify the defendant is not at issue.”
Thanks to public awareness campaigns and personal experience, most people are aware of the dangers of texting while driving. Studies show that an estimated one out of every four motor vehicle crashes involves cell phone usage. As many as one in three drivers admit to reading or sending text messages while driving. Using a cell phone while driving, whether conducting a voice call or texting, significantly increases the likelihood of a crash. Most disturbingly, nine Americans die in crashes related to distracted driving every day on average.
These sobering numbers should discourage most drivers from texting or reading texts while on the road. However, a study from Florida State University suggests that there is more to distracted driving than previously thought. The majority of drivers believe that if they put their cell phone away while driving and refrain from answering text messages that they are safe. Although it is commendable to resist the urge to send or read a quick text while driving, the study suggests that just hearing a cell phone notification or feeling the vibration can be just as dangerous.
The moments after a serious car accident or truck crash can be chaotic and overwhelming. Your heart is racing, you are likely a bit disoriented, and, in many cases, your vehicle is severely damaged and unable to be moved. Of course, there is also the possibility that you have been injured. In more obvious situations, broken bones, intense pain, blood, and other evidence may be proof that you are hurt. In others, however, you may feel no indication of an injury. One of the most important elements of any auto accidents is making sure that you get the medical care you need, even if you are not sure that you have been hurt.
Work With First Responders
Depending on the severity of the accident, local authorities often respond with fire trucks and ambulances, even if there have been no reports of injuries. If emergency medical technicians (EMTs) are on the scene, it is a good idea to submit to a precursory examination. You may not feel like you are hurt, but a trained EMT may be able to identify a possible problem. Based on the symptoms you are showing, the EMT may suggest transporting you to the hospital for further tests and observation. While an EMT is not a doctor, he or she is a professional whose job is to make sure that you get the medical attention you need. If he or she feels that a hospital evaluation is a good idea, complying with the request is probably in your best interest.
50 Founders Plaza
