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Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise

Loaded on July 15, 2022 by Nisha Whitehead, John W. Whitehead published in Criminal Legal News August, 2022, page 12
Filed under: Police State-Surveillance. Location: United States of America.

by John W. Whitehead & Nisha Whitehead

“In a closed society where everybody’s guilty, the only crime is getting caught.”

—Hunter S. Thompson

The burden of proof has been reversed.

No longer are we presumed innocent. Now we’re presumed guilty unless we can prove our innocence beyond a reasonable ...

 

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More from this issue:

  1. Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family, by David Reutter
  2. Seventh Circuit Vacates Sentence Because Government Failed to Meet Its Burden to Support Uncharged Drug Quantity Under Rule 32, by Douglas Ankney
  3. Drug Detection Dogs Are Unreliable and Reflect the Vicious Heritage of Their Slave-Hunting Dog and Police-Dog Predecessors, by Matthew Clarke
  4. Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome, by Mark Wilson
  5. Everybody’s Guilty: To the Police State, We’re All Criminals Until We Prove Otherwise, by Nisha Whitehead, John W. Whitehead
  6. Colorado Supreme Court Announces ‘Reasonable Likelihood’ Framework for Determining Whether Trial Court’s Comments to Prospective Jurors Lowered Prosecution’s Burden of Proof, by Douglas Ankney
  7. Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, by Mark Wilson
  8. Police Often Use ‘Cover Charges’ to Mask False Arrests and Police Brutality, by Casey Bastian
  9. Eighth Circuit: Government Breached Plea Agreement by Relying on Pre-Plea Conduct to Dispute Acceptance of Responsibility Despite Acknowledging Defendant Qualified for Credit in Agreement, by Richard Resch
  10. California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53, by Mark Wilson
  11. California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied
  12. Maryland Court of Appeals: Kazadi Applies to Cases Where Issue Was Preserved at Trial but Appeal Not Yet Noted at Time Kazadi Decided, by Douglas Ankney
  13. Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop, by Anthony Accurso
  14. Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell, by Douglas Ankney
  15. California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4), by Matthew Clarke
  16. Commentary: Exploring Implications of the Supreme Court’s Expansion of Second Amendment Rights, by Professor Douglas A. Berman
  17. Third Circuit: District Court’s Focus on Substance of Defendant’s Meritless Arguments in Denying Request to Represent Himself Resulted in Inadequate Inquiry Prior to Denial in Violation of Sixth Amendment, by Matthew Clarke
  18. Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing, by David Reutter
  19. Hawai’i Supreme Court Holds Randomness and Violent Nature of Crime Alone Insufficient to Establish Exigent Circumstances for Warrantless Entry Into Suspect’s Home, by Anthony Accurso
  20. Tenth Circuit: Guilty Plea Not Knowing and Voluntary Because Sentencing Court Failed to Ask Follow Up Questions After Defendant Said He’s Off His Medication and ‘Mind Isn’t Right’, by David Reutter
  21. Sixth Circuit: COA Not Required to Appeal Order Denying Rule 4(a)(5) Motion for Extension of Time to File Notice of Appeal, by Douglas Ankney
  22. Pennsylvania Supreme Court Clarifies Ex Post Facto Analysis Focuses on When, Not Where, Crime Occurred and Does Not Require Showing of Disadvantage to Defendant, by Douglas Ankney
  23. The War in Ukraine Raises Awareness About Secure Communications During a Crisis, by Douglas Ankney
  24. Inflation Transforming Petty Offenses Into Felonies, by Douglas Ankney
  25. Ohio Justice Calls for Plea Bargaining Reform to End ‘Sentencing by Ambush’, by David Reutter
  26. Your Data Is For Sale and Anonymization Is Meaningless, by Anthony Accurso
  27. Michigan Supreme Court Announces Punishment for Second-Degree Murder and Involuntary Manslaughter When Based on Same Conduct Violates Prohibition Against Double Jeopardy, by Anthony Accurso
  28. NYPD Continues Its Longstanding Tradition of Thwarting Misconduct Investigations and Evading Accountability, by Douglas Ankney
  29. FBI’s ‘Rich Neighborhood’ Breach Practice, by Jayson Hawkins
  30. Nebraska Company Providing Digital Wiretaps of Messaging Platforms to Law Enforcement Agencies, by Anthony Accurso
  31. Quattrone Center Reveals Lack of Transparency Concerning Prosecutorial Misconduct Claims Report identifies over 7,000 instances of state attorney conduct that ‘did not comport’ with ethical, procedural, or legal rules, by Casey Bastian
  32. Chicago PD Emphasizing Facial Recognition for Investigations, by Anthony Accurso
  33. Illinois Limits Police Access to Data Stored by Third Parties, by Anthony Accurso
  34. Border Patrol Agents Track and Spy on U.S. Journalists and Unidentified Members of Congress, by Douglas Ankney
  35. ‘Freedom Commons Academy’ Provides Former Prisoners Housing and Structured Re-entry Services in Syracuse, by Casey Bastian
  36. Maine’s Law Enforcement Agencies, Like Those of Most States, Don’t Track Complaints Against Police Officers, by Douglas Ankney
  37. Prosecutor’s Sentencing Message to Defendant: Insist on Trial, Pay with Your Liberty, by David Reutter
  38. News in Brief

More from Nisha Whitehead:

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