A bill making its way through both the New York State Assembly and Senate would change that. The authors, including the state's chief judge, propose a court that would fit between juvenile court and the adult system. This special court would handle the cases of 16- and 17-year-olds charged with non-violent crimes. According to the proposal, court procedures would borrow from both juvenile and adult courts.
]]> The most significant difference is the court's main objective. The court will go farther than handing out penalties. Judges will be able to delve more into the circumstances that led the teen to commit the crime and then fashion a sentence designed to keep the teen from repeating the behavior. Instead of jail time, judges could consider alternatives like therapy or community service. To help the judges with the process, the state would offer special training in child psychology and how to apply the alternate, therapeutic approaches used in juvenile cases.A teen may not always end up in front of a judge if the full proposal is adopted. We'll discuss the other avenue in our next post.
Source: ThomsonReuters News & Insight, "Top judge proposes higher age of criminal responsibility for New York," Daniel Wiessner, May 3, 2012
]]>What the National Academy of Sciences recommends is a nationwide overhaul of the system that would set a research agenda and establish standards for forensic tests. Two Senate bills are in the works that address the issue. One proposal is to establish an office of forensic science in the Justice Department. Another is to place the responsibility with the National Science Foundation and the National Institute of Standards and Technology; the roles of both would be expanded to accommodate their new duties.
]]> According to the NAS report we've discussed in previous posts, there is a serious lack of standards for examiners, labs and even court testimony. Federal agencies have been reluctant to take on the task of developing standards, in part because the process entails uncovering error rates for current procedures. The Justice Department is tackling research on fingerprint analysis, and the FBI now requires "blind verification" of fingerprint analysis by agents far removed from the initial examinations. But critics say it's not enough.Current practices are not without their defenders. Their response to the criticism is, essentially, that the lack of scientific proof doesn't mean the tests aren't accurate. If there are mistakes, they say, the courts can handle them on a case-by-case basis. "We usually get it right," said one district attorney, noting that prosecutors manage 20 million cases every year, and that number doesn't include traffic cases.
The problem is that innocent men and women are in prison for crimes they didn't commit, and crime victims have no idea that their true assailants may still be out there. People's freedom and safety are at stake, but in an election year, it's hard to guess what Congress will move forward with.
Source: Washington Post, "Forensic techniques are subject to human bias, lack standards, panel found," Spencer S. Hsu, April 18, 2012
]]>Our last two posts have looked at known issues with DNA, fingerprint and handwriting evidence. Crime labs -- most of which are controlled by law enforcement agencies -- also rely on analysis of firearms to link a suspect to a crime. Like fingerprints and handwriting, the process involves a pattern-based comparison: Analysts compare bullets and shell casings from one gun to data gathered from crime scenes or test firings.
]]> Contrary to common belief, guns are not unique. The marks -- "striations" is the technical term -- on one firearm may in fact match the striations of another. The matching process can be just as subjective as the handwriting analysis. So subjective, in fact, that one major Midwest city shut down its crime lab when they discovered that ballistics were inaccurate in 10 percent of 200 criminal cases. The cost to the city was significant, if only because some cases were retried.What the system is missing, says one forensic scientist, is "someone setting a research agenda and direction." He added, "We need leadership."
The National Academy of Sciences agrees, and the organization's testimony to Congress in 2009 called for a complete nationwide overhaul of the system. At the top of the to-do list is to establish a regulatory body that would provide the leadership necessary.
There may be help on the horizon. We'll get into that in our next post.
Source: Washington Post, "Forensic techniques are subject to human bias, lack standards, panel found," Spencer S. Hsu, April 18, 2012
]]>In our last post, we discussed some pitfalls of DNA testing and fingerprint analysis. According to a National Academy of Sciences report, DNA evidence falls into the "analytical evidence" category; fingerprinting, handwriting, firearms examination and the like fall into the "pattern/experience evidence" category. Analytical evidence has more rigorous scientific testing to back it up. Pattern and experience evidence is based on observation.
]]> Handwriting and fingerprint analysis are similar in that they are based on a comparison of an identifiable sample to another sample. The questioned documents examiners -- the formal term to describe handwriting examiners -- compare a confirmed sample of a person's writing to the questioned document. The examiner determines the probability of a match on what is essentially a nine-point scale, covering every nuance of certainty between definite identification to definite elimination.Perhaps the most glaring difference between fingerprints and handwriting is that a person's handwriting can change from one minute to the next. Using a different pen or a different kind of paper, being in a hurry or taking one's time -- for any number of reasons, a person's handwriting may not match his own handwriting sample.
And yet, courts regularly admit questioned document evidence, even with the nine-point scale (an admission that the analysis is imprecise) and the natural variations of one person's writing. Historians trace the acceptance of handwriting evidence to the contributions made by questioned document examiners' during the Lindbergh kidnapping trial and the Howard Hughes handwritten will dispute. For whatever reason, it seems here to stay.
We will continue this discussion in future posts.
Sources:
Washington Post, "How accurate is forensic analysis?" April 16, 2012
"Reference Manual on Scientific Evidence: Third Edition," Committee on Science, Technology, and Law, National Academy of Sciences, 2011
]]>The reliance on forensics cuts both ways. Juries may wonder why it isn't included, but they tend to believe it when it is. A DNA match can exonerate a wrongfully convicted man, but it can also send the wrong man to prison.
]]> That DNA test may have been damaged or somehow compromised if investigators and lab personnel didn't handle it properly. Mistakes can occur, too, if there is a small number of DNA profiles to compare the sample to -- remember, the "match" is really a probability of a match. Segments of the suspect's sample are compared to DNA profiles from crime scenes, other suspects and convicted felons. The forensic scientist calculates the probability that two similar profiles are from the same person.Fingerprints are another probability calculation. The suspect's prints are compared to prints from the crime scene or, as with DNA, a database. For there to be a "match," the prints must share certain feature "points" -- shape, thickness, ridge count, creases and scars are measured and compared.
Fingerprint interpretations can be inconsistent from analyst to analyst. There may be a difference in training or merely a difference in perception; it's a fairly subjective process. One crime lab, not here in New York, reviewed a sample of fingerprint analyses and found irregularities in more than 50 percent of them. The result was a review of 4,300 fingerprint examinations on file.
We'll continue this in our next post.
Source: Washington Post, "How accurate is forensic analysis?" April 16, 2012
]]>BEST officers say their investigation led them to a drug stash with a $580,000 street value. Among the controlled substances were testosterone, Valium, Xanax, anabolic steroids and gamma butyrolactone yydroxybutyrate, or GHB. GHB is also known as the "date rape drug."
]]> BEST is a collaboration of local, state and federal law enforcement and border control personnel that targets trans-national crime. The task force's activities are focused on border cities like Buffalo, and investigations focus on drug trafficking, arms smuggling, as well as illegal alien trafficking and smuggling. One of BEST's primary objectives is to wipe out the crimes and the violence that accompanies these criminal activities.The Canadian officer is out of jail right now, but he will return to the U.S. for court proceedings. The Niagara Regional Police Service has suspended him from active duty (with pay). The suspension will remain in effect until the officer's case is resolved. His next court date has not been set.
The suspect's supervisors say their office will cooperate with the investigation. They added that they expect the courts to follow established procedures here; that the matter will be handled in the appropriate manner.
Source: Bullet News Niagara (Canada), "Niagara Regional Police officer facing drug trafficking charges in Buffalo," John Robbins, April 27, 2012
]]>According to the paper, a state website included information that the candidate, now 42, was incarcerated in 1989 for a burglary. He was 19, and the court agreed to designate him as a "youthful offender." Paroled in 1991, he was again arrested in 1998, according to newspaper reports at the time. The second charge was second-degree burglary.
]]> A youthful offender's criminal record is supposed to be sealed. Both the paper and the candidate are wondering why it was on the public website. The information was taken down a few days later.The candidate objected to the publication of the information and made it clear that the conviction was not a felony. Again, youthful offenders' case records are sealed, and, as with an expungement, the result is that the conviction disappears from the public record. In his statements, the candidate has emphasized that any youthful indiscretion has little bearing on his current qualifications for office.
Further, the candidate challenges the accuracy of the published reports. He said he had consistently maintained that he was innocent; the prison sentence was the result of an "Alford plea." In an Alford plea, a defendant agrees to sentencing but does not make any admission of guilt.
As for the later charge, the candidate's attorney stated that newspaper accounts of it were inaccurate. Those accounts are the only evidence of the charges, in fact. State records did not include information about anything but the earlier case.
Source: Buffalo News, "Council candidate spent two years in prison," Aaron Besecker, April 24, 2012
]]>The court decided against jail time, though, imposing $470 in fines instead. After the trial, the judge said the harsher sentence was not called for when each of the accidents that night were looked at separately. This case had to be "treated in a vacuum," he said.
]]> He is referring to the accident that occurred after the events that led to the trial. That accident resulted in a Niagara County sheriff's deputy losing both legs.According to the prosecution, the defendant ran into a parked car in the early hours of July 18, 2011. An officer claimed he saw the defendant running from the accident and called for backup. The responding officer, a 37-year-old Iraq War veteran, crashed his patrol car into a guardrail on the way to the scene. His legs were severed in the accident.
Defense counsel convinced the court that the jury should not hear about the accident involving the sheriff's deputy. The defendant had not caused the crash, and any evidence about the crash would have been prejudicial against the defendant.
The jury did not hear about a blood alcohol test performed after the defendant was apprehended, either. Taken five hours after the accident, the test results showed a 0.16 percent blood-alcohol content -- double the legal limit. However, the nurse who took the sample had swabbed alcohol on the defendant's arm before she drew the blood. Defense counsel successfully argued that the sample had been tainted.
After the trial and sentencing, jurors told reporters that the suppressed information would not have made a difference. The deputy's accident was not pertinent to the charges against the defendant, and there was just not enough evidence to convict the defendant for DWI.
Source: Buffalo News, "Man beats DWI in crash tied to deputy," Thomas J. Prohaska, April 19, 2012
]]>Over the last several weeks various groups have been feuding in Buffalo's Lovejoy neighborhood. Reported incidents include the use of racial slurs, threats of assault, destruction of property and battery. The violence has escalated as people have caught up in multiple physical altercations
]]> One particular incident triggered law enforcement officials to charge three young people with aggravated harassment as a hate crime and criminal mischief. Police reports indicate that three teenagers smashed a house window and began yelling racial slurs. The incident is an apparent reaction to an assault that occurred earlier that day.Classifying an offense as a hate crime leads to stiffer penalties if a person is convicted. Usually, the burden to prove that an act was motivated by hate is rather steep. Prosecutors must prove, beyond a doubt, that the motivation for a crime was motivated by the defendant's desire to target a specific protected class. In this particular case, it seems like the primary motivation for these acts was retribution, though those charged reportedly used racial epithets.
Because this particular incident is one element of an ongoing series of crimes, there is a strong chance that there are a lot of conflicting accounts of what exactly occurred. Clearly, this is a complicated scenario, so it is important for those defending the accused individuals to carefully examine all the evidence in the case. Furthermore, eyewitness testimony may not necessarily be reliable, considering the emotionally-charged aspects of the long-standing feuds. Hopefully further investigation will provide a clearer picture of the circumstances behind these incidents.
Source: WKBW Eyewitness News, "Three Charged with Hate Crimes after Violence Erupts in Lovejoy," Allen Hight, April 13, 2012
]]>On April 23, the New York State Police are launching "Operation Hang Up." For one week state troopers will be out in greater numbers specifically to nab drivers who are using cellphones (even hands-free) or texting while behind the wheel. At least one state police higher-up has promised "zero tolerance" for violators.
]]> Police departments everywhere have found cellphone bans difficult to enforce, especially laws barring texting. Drivers have admitted in surveys that they ignore the law and continue to text. When drivers spot a police car, they simply lower the phone out of sight. The result is an even more dangerous situation: The driver is not only distracted, but his eyes are completely off the road.To foil the efforts to conceal texting and cellphone use, troopers will use unmarked cars as so-called stealth patrols. These aren't just any cars, though: They are Concealed Identity Traffic Enforcement vehicles, designed especially to accommodate inconspicuous monitoring of other drivers. The CITE cars have no police markings on them, but officers have access to emergency lights that will identify them as police vehicles when necessary.
The State Patrol's concern for distracted driving stems from recent research. Studies have shown that distracted drivers are four times more likely to be involved in an accident. Research has also shown that distracted drivers and drunk drivers whose blood alcohol levels are at the state limit (0.08) are equally impaired behind the wheel. Texting and driving statistics show significant increases in risk over other distracted or impaired driving behaviors.
In New York, it is illegal to view a cellphone or other hand-held electronic device while driving. It is a primary traffic violation -- that is, police can stop a driver for an infraction and no other reason -- that carries a maximum $150 fine and three driver violation points.
Source: Patch.com, "State Police Using Unmarked Cars As They Target Drivers Using Cell Phones," William Demarest, April 13, 2012
]]>According to court documents, the defendant was driving while impaired by both drugs and alcohol at about 78 mph when he went the wrong way on Kensington Expressway at about 4:45 a.m. on Jan. 22, 2011. He slammed head-on into an SUV, killing both occupants in a fiery crash. Tests later revealed that his blood alcohol content was 0.22 percent. Tests also showed marijuana in his system.
]]> One of the victims was a 42-year-old carpenter and father of five. The other was a 37-year-old rental agent and father of three.Entering his guilty plea, the defendant told the court he was not impaired by medication prescribed for the injuries he sustained in the crash. These injuries left him hospitalized for almost six months. He has had multiple surgeries and is confined to a wheelchair now.
The judge will have until Aug. 13 to decide the defendant's sentence. The maximum sentence is eight to 25 years in prison; the minimum is one to three years. Thus far, the judge has not indicated that he favors a longer sentence. The Erie County District Attorney said the judge may be swayed by the defendant's plea to order a less severe sentence.
Again, the defendant is the first to be convicted under the 2009 law that made aggravated vehicular homicide a harsher crime than "regular" manslaughter. The Erie County District Attorney said the law carries mandatory prison time.
Source: Buffalo News, "Man pleads guilty to vehicular homicide," Patrick Lakamp, April 2, 2012
]]>The dissent explained that the strip search was not the only security measure taken at the jail. First, inmates were patted down. Next, they went through a metal detector that included, according to the opinion, the Body Orifice Screening System chair that is powerful enough to identify metal hidden within the body. Finally, while inmates showered (in front of jail personnel) with delousing agents, officers searched their clothing.
]]> Considering all of these precautions, the dissent continued, it seems that a strip search would only be appropriate if officers had a reasonable suspicion that the detainee was hiding drugs or contraband. That suspicion would make sense for incoming prisoners facing drug charges or arrested for violent crimes.According to the dissent, the majority would find it reasonable that people detained for biking with an inaudible bell or driving with a noisy muffler would be subjected to strip searches. The examples were actual cases.
In his majority opinion, Justice Anthony Kennedy wrote that differentiating among classes of offenses would not be workable for jailers. With 13 million arrests every year, the most efficient and effective way to process detainees is to treat them all the same, no matter the seriousness of the offense.
The plaintiff has not said that he will pursue the matter on other grounds. Even if he does, the Supreme Court's decision allows strip searches to continue and, perhaps, allows jurisdictions to adopt them as customary practices.
Sources:
National Public Radio, "Supreme Court Upholds Invasive Strip Searches," Associated Press, April 2, 2012
National Public Radio, "Supreme Court rules on strip search issue," Nina Totenberg, April 3, 2012
]]>What the court has done, a Harvard law professor said, was "to take a practice that was not universal and give it its constitutional imprimatur." The decision could have an unexpected ripple effect: the Federal Bureau of Prisons and U.S. Marshals Service don't allow strip searches, and several states have statutes that protect minor offenders from being strip-searched.
]]> The majority opinion reasoned that the searches were necessary for the safety and health of the incoming detainee, the existing prison population and jail personnel. Routine strip searches are necessary in order to detect lice and contagious infections, to inspect detainees for tattoos or any other evidence of gang affiliation and to determine if detainees are smuggling drugs or weapons into the facility, according to the decision.As for the severity of the suspected crime, the majority (Justice Anthony Kennedy writing) reminded us that Timothy McVeigh was initially pulled over for driving without a license plate. McVeigh was later convicted and executed for his part in the Oklahoma City bombing. People brought in on the most minor offenses, Kennedy said, can in truth be "the most devious and dangerous criminals."
A concurring opinion from Chief Justice John Roberts and Justice Samuel Alito added that this decision may not be the final word on strip searches. There may yet be an exception that would apply to detainees who will not be mixed with the general population.
We'll go over the dissenting opinion in our next post.
Sources:
National Public Radio, "Supreme Court Upholds Invasive Strip Searches," Associated Press, April 2, 2012
National Public Radio, "Supreme Court rules on strip search issue," Nina Totenberg, April 3, 2012
]]>The vehicle belonged to the plaintiff, and a computer search by the officer turned up an outstanding warrant for an unpaid fine. The officer handcuffed him and took him to jail. Before entering the general population at that jail as well as at the jail he was later transferred to, the defendant was forced to disrobe in front of officers and subjected to what he characterized as invasive searches.
]]> The plaintiff maintained his innocence from the beginning -- he had paid the fine some seven years earlier, and he carried a letter with him to that effect. A computer error, however, held the warrant in place, despite the fact that nonpayment of a fine is not a crime in his state.After a week in jail, the plaintiff was released. He filed suit against the prison authorities claiming the searches violated his Fourth Amendment right to due process. The suit became a class action; this had happened to other detainees.
The plaintiff argued that "persons arrested for a minor offense could not be required to remove their clothing and expose the most private areas of their bodies to close visual inspection as a routine part of the intake process." If officials had a reasonable suspicion that the detainee in question was concealing a weapon, drugs or other contraband, such a search would be appropriate.
Like so many other decisions from this session of the Supreme Court, this ruling is not meant to address all strip searches of all detainees in all jails. We'll explain in our next post.
Source: National Public Radio, "Supreme Court Upholds Invasive Strip Searches," Associated Press, April 2, 2012
]]>The majority ruled that the lower court's decision be overturned and a new trial held. The defendant was originally convicted of crimes that included armed home invasions and robbing a gas station -- 24 counts in all.
]]> The defendant had given one DNA test already when the police realized a second was needed (the lab had contaminated the first). According to police reports, he refused, saying, "You're going to have to tase me." Officers put the Taser to the suspect's shoulder and zapped him with 50,000 volts of electricity for approximately two seconds. They then took the sample and arrested the defendant for criminal contempt for refusing to comply with a court order.The majority noted that the suspect did not pose a safety threat to the officers or himself, and he did not attempt to flee; he was, in fact, handcuffed and sitting on the floor at the time of the incident. Instead of using the Taser, the officers should have arrested the man for criminal contempt first and collected the DNA sample later.
The arresting officers argued that they chose to tase the man because they were afraid that he would become violent during the confrontation. They claim that he was actively resisting the sample, though the situation had not yet escalated to a physical altercation.
Source: Buffalo News, "Retrial ordered in case tied to police use of Taser," Thomas J. Prohaska, March 17, 2012
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