Criminal Procedure

1368 ABA Journal Criminal Procedure articles.

Supreme Court will consider disclosure of Mueller grand jury materials to Congress
The U.S. Supreme Court on Thursday agreed to decide whether the House Judiciary Committee may access redacted grand jury materials referenced in the report by former special counsel Robert Mueller.
Do police union contracts inhibit reform?

Few, if any, unions have as much power in bargaining for discipline, internal investigation stipulations and conditions of employment as police do, say labor lawyers interviewed by the ABA Journal. And although complaints about police union contracts are not new, the criticisms have amplified since May, following the killing of George Floyd in Minneapolis.

Afternoon Briefs: California law schools announce fall online classes; law protects monuments, state AG says

2 California law schools announce plans for fall online classes

Because of COVID-19 concerns, fall 2020 classes will be online at the University of California at Irvine School of Law…

Judge requests reduced charge for man who slapped his hand over face mask order, DA says
A Texas man who was shown on video in an altercation with a county judge and a hardware store employee over an order to wear a face mask saw his felony charge of assault on a public servant reduced Thursday.
Privatized services and onerous fees hurt public confidence in the justice system, ABA report says
About 10 million Americans owe more than $50 billion in debt related to their involvement in the criminal justice system, according to a report released Wednesday by the ABA Working Group on Building Public Trust in the American Justice System.
Judge can’t probe DOJ’s decision to drop Flynn case, DC Circuit says
The U.S. Court of Appeals for the District of Columbia Circuit ruled Wednesday that a federal judge can't scrutinize a federal prosecutor's decision to drop the prosecution of former National Security Adviser Michael Flynn.
What does police abolition look like?

Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and much more.

Protests renew scrutiny of detention practices and COVID-19 spread

As thousands of demonstrators have been arrested or jailed amid protests over the killing of George Floyd and police brutality, detention practices that increase the risk of spreading the novel coronavirus are back in the spotlight.

Supreme Court’s failure to determine ‘irreparable corruption’ in juvenile case risks ignoring precedent, ABA says in brief
In an amicus brief filed Friday, the ABA urged the U.S. Supreme Court to reverse a judgment against a Mississippi man who is serving life in prison without parole because the sentencing court failed to determine whether the crime he committed as a juvenile reflected "transient immaturity" or "irreparable corruption."
Afternoon Briefs: Judicial council halts statewide COVID-19 bail schedule; Amazon pauses police use of facial recognition tech

California ends statewide bail policy enacted to stop COVID-19 spread in jails

The California Judicial Council voted Wednesday to end a statewide emergency bail schedule enacted in early April in…

Was NBC’s ‘Night Court’ a comedy set in a courtroom or a courtroom comedy?
Like many of you, I’ve binged my way through about everything I can stomach over the last three months or so. I’m not one who only watches television or movies for the pure enjoyment of the craft. Oftentimes, my viewing habits have an end goal. However, as my regular readers are aware, my wife and I do try to find some shows we can watch together as part of our “bedtime” routine.
Lawyer is accused of shooting driver said to be ‘inching forward’ into protesters
A Colorado lawyer is facing charges after he was accused of shooting a driver during a protest early Thursday evening.
Courts and lawyers struggle with growing prevalence of deepfakes

Deepfakes have seeped into our culture and politics. As the technology grows in complexity, making it more difficult to spot fakes, attorneys and judges will have to decide how to manage deepfake evidence and authenticate it.

Amid cries of ‘defund the police,’ Minneapolis city council majority pledges dismantling

As protesters across the nation have chanted “defund the police,” the Minneapolis city council plans to take action. A veto-proof council majority said it would be dismantling the police department and redefine the city’s system of public safety.

Sotomayor temporarily halts order to move at-risk inmates from Ohio prison
U.S. Supreme Court Justice Sonia Sotomayor on Thursday temporarily stayed a judge’s order to begin moving 837 inmates from an Ohio prison who face greater risks if they contract COVID-19.

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