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VOL. 1 Crimina l Legal N ews PUBLI ISSN 2576 No. 8 -9987 (Pr ISSN 2577 -0004 (O int) nline) SHED BY TH E HUM A Dedicate d to Prote N RIG HTS cting Hu DEFEN man Rig SE CE NTE hts Cell-Sit e Techno Simulators: P o logy to Reach o lice Use Milita aw enfo u ry rcemen t and Sp L t agenci wide are by Christop es nation y on Yo for milita employing tech her Zou - nate nolo ry kis u track the use in foreign lan gy, designed lea d efforts of crim in lo R July 2018 ds, in orde al di can soil. cation of U.S. cit r to ne ng to greater publ defense attorneys, And izens on ss of the Amerinature an ic and judicial aw is devices cost the FBI — authorities — all law d use of sti are- $2 00,000 an enforcement agen the surveil have gone to grea the way up to th Courts are begi ngrays. t lengths d $500,0 nning to cies betw e Fo ur th lance syste to een 00 criminal gr defense ba m from the publ hide their usag Am en dm en t im apple with C According to USA each. e. Ev orpo ic, th pl ic r, and even Sp Cell-site the judicia e (“ DOJ”) reco en the Departm at io ns of fund ration received $3 ending.gov, Har ris rays, trick simulators, also en gn ry in .6 t . izes th g and he of Ju million in implicate known as cellphone ld m fede s constitut at their intrusive stice contracts stingdevice in inM to co in 2017 alo ore than 2,000 fe ral P U B L I S H E D op B Y TsteHadEof an H sU Ann Nectin RgI toG H T SDOD N S ioEnaC T E Rnature J poElicFy E l prEivaN deral ne. cy no actual ce erating th ll tower. the enforcemen w requires that protections. an Law enforcemen e de vic all t Po d es can tra of all conn t agencies ck the lo lice cause-supp agencies obtain a federal law- sti the Distric t of in 23 stat ec VOL. 1 No. 7 Columbi cation ngray tech orted sear radius, an ted cellphones fu es ll, pr ob ployingRights with able 2018 ch warran ISSN 2576-9987 (Print) d al so ca to Protecting Dedicated the devic ing to a 20 nology as of 2016 a were using t prior toJune metad n potent in a certHuman ain ISSN 2577-0004 (Online) es. ata ab 17 .A em- fe ia deral agen Cato Institute re nd, accordand lengt out phone calls (th lly intercept all But the DOJ po po h of the cie e lic rt, multip courts re number ca y is not s in addi the ca calls and text messa ll), the content of lled a warrant quire law enforcem law, and not IC technology, inclu tion to the FBI le prio ph us ge di E, data usag en e — inclu s, as well as the na one no legal ch r to using a sting t to obtain ev DEA, NSA, U.S ng the ATF, D e H S, ture of ding brow en the IR anges shor ray. Moreo . Marshals All of th the devi S. Th is takes pl se t of an ou ver, an Se ces ac unbe r information. d Nationa e Army, Navy, M rvice, and whose ce knownst hijack a ce will change wha tright ban on llphones eby ar l Christopher Zoukis G in ua e C rd use ce to users t they ca llp The grow have been hijac ll-site sim orps, n do: the govern hone and force ked. ing Adam ulator to reportchildren. use ofWalsh has ala replacedmenoft, all thewh public, itespecially Congress n October 1989, 11-year-old Jacob rmed The stingrAct repealed and unsu in to ile it sits specting ivacy Jacob’s tracMegan’s defense and prboth qu kers advocateLawayand us Law. The passed forietexample, “[i]n order to Wetterling was kidnapped at gunpoint er’s poSORNA, ly in attorney s ck an an et. d crim s, but co use have in comprehensive Adam Walsh Act created a protect the public from sex offenders and ofnever seen again. al Th ncerns ov e St been et erregistry ay Foagainst anWetterling, with sex their and mandatedingrfenses d prosecut m national children. . . .” 34 U.S.C. § 20901. When the boy’s mother, Patty und Te SCOT silenoffender US: Unex Now rrorists from polic Law enfo statececomply plained 23 states didors.that , provided by sex witheTitleCIel of the Act, It WBut the learned that her home state of Minnesota ill Fi rcement Habeas nd“protections” use the te every l-site si You Column: in Decisions at ch fe lea de no m the Sex Offender Registration and Notificast offender and restriction laws SC areOTUS not have a database of possible suspects—noral agencie logy, as do ul 9 atorsregistration veloped and Blac s. w a ov ere information host of losing 10 percent k Lives first de andOHmore faulty than tably convicted sex offenders—she In setsoout o decaon technolo er twbased S metocases,tion Act (“SORNA”) or risk Ct des ago, Limits In 10 gy. Accorone false pr far as to ve os as of federal law enforcement funding. SORNA nt ec premise. In passing registry laws, make a change. m or utors have ding to a ilitary Ba y Search report by dismiss R 20 go E il cr 16 Th Re di ne T im inve cite the high rates sclopassage form of so that states N e D legislators frequently inal among requires, things, estabWetterling’s efforts led to the sing anyof 14 in Alabam chargeother de E lope aily Dot, the origin stigative informat s toFavEoiN S wEas C a Incredib al sti d registryve aiothree-tiered system,d byrecidivism among sex offenders. Judges do the Jacob Wetterling Crimes Against Children n abou 6th Ci Esex offender ly, the FB lish r.: Antic ngray use. conjunction with Harris Corpora ngray T S t stiD 16 I re H menRegistration Gire I qu t authorN with “Tier offenders required to update th the same. In17 the tio 2002 opinion McKune v.ipatory Search and Sexually Violent Offender R s loca3” 0 intellige n, 2 e Pe l in iti law er A W nt b es Ep ar ag nc en rant idem totheir on and fe Court Justice e force- every three months, UiscMlosu accept nd ic of Cops Hfederal registry cieem Anthony Act, which was signed intono law 17 s.Lile, U.S. Supreme a cominformation signed fo agDenec deral re by Shootin prehensiv ag Y T H E lowedJacob’ r use on The techcited no g Dogs t SORNA forenlife. the National 9tand sexPresident Law reem hets wa to usessti was de h Cihigh” igcreated reign battl logya “frightening H E D BillB Clinton in 1994. ra r.: CJ No R S tonbealso on terrorSex foKennedy ngrays. Th pruiom 20 ing al- whichr had t Crime of policae an efields inrate -of up to 80 percent. eH Offender public website, nearlyan5d fooffender P U B L I was the first effort to establish recidivism nationwide agreem g se d proste Vi r in cu th ol us e en rit ct en e in othe Database y-related ce ts quire ro ecutors to refuvisits inform P r nationa of Pobe andre772 million hits that registry of convicted sexaoffenders, 23 d toatbut io it was million se to ha lice Crim Harbyris2008.arenas. If it were true, l would, indeed, ic te nd over inality usage to n about stingrFull ba sed “frightening and high.” However, SCOTUS that figure not the last. D ed ay tecompliance remains has, provdefense at chnology with SORNA : Righ 24 the leadi in Melbourne, Fl tornen t to Asse or ey Su s ng 1 costly, and many states have opted out. As is flat-out wrong. Justice Kennedy based that Soon after Jacob’s Law was enacted, an cc rt or sim m es o. d In id anufactu judges ali sful Free nocence ulators. Th rer of cell- a, Dominant Witn dom ke. were VOL. 1 N igatraped e com of Infoonly ion, as 28 of 2014, states 7-year-old Megan Kanka lit was and min ess Theo site odfull rmat17 wemurels,compliance; ll as including pany makes a va ion ct ry dilig WY S Ct rie remaining states ra have dered by a neighbor with a previous conviction thethe ent and co33 A y anforegone ‘Castle Do d newer theirthe first-generatio ty of 34 di- Arr funding ct m rin n , od enforcement while for sexual assault of a child. This heinous full federal law or St e’ for Co els such inssg- CA owHead, illne e ha th M bi as of an ta s H AmberJamptom nts 37 Awarded ailSto compliant. crime led the state of New Jersey to pass Me- remaining partially n of, $10 Mill atiorm kis dress sy ck, .an ion gFin her Zou Adn Kexinam ish.abTh statessochoosing to itselfNYPD gan’s Law, which required anyone “convicted, lutions adnot suerd News in Brief Practice ‘Testilying’ 11 Christop Despitelemany 38 s and of e illness and en- a tremendous op SORNA, with adjudicated delinquent or foundby not guilty comply outrageou stice system pe but not th amount us st re rio is ar va e ju e th stag inal End the Insanity? ority toof sex-offender Will 12 42 crimDimaya by reason of insanity for commission e initial registry legislation some of hasthbeen The auoftha sex e modern to go. law at th in the broad ve in al es ha e in tic we im th ac the 1990s. enacted across the country offense” toad register prsince far in with localfolaw the cr ely with 14 rce enforcement le er e their s just how SCOTUS Strikes ‘Crime of Violence’ exclusiv ercisgone orldrelease citi- relocation into ost the e exhave These laws well beyond fromnprison, illustratekeeping a is a wupon ow of its ow and vested alm the police. Polic eation: Habeas Handbook 2.0 ng after he U.S. imprstate, isonior atistics shsexn offenders, and now Book Review: 16 of registry that did Crime Cr state, tioninclude d renot Work erally;ofstconvicted caal,conviction sc io lo lib at di ill at m st es th re jailing an timincarceration. .5 ur an ar 11 sex offenders may live ates slat Column: Habeas where and an more th Legi k of fedthority to rest regulate 18 e FBI es more th rried out the wor Hints ars. auenacted zens. Th orities have ca e ar work, with whom they may have contact, and Two years 20 yeCongress stlater, of law is significant change th that polica fedsi on is . in thes pa icewhich creation de ci . A Analysis Wrong federal au illion areral restsMegan’ just uresHair TheIllinois, where may be present. for Law. bill, passed in ye thear even atFBI: ar re stthey merican90% of Time 20 le each inalThe isl A by al op im y leg e cr pe iti er r-b te ad n ev in te sta t th e example,decreated e a quar merica a 418-0 ross the in the W cisions amlawnsenforcement eral andregistry in almosBaby hi le by Senate ntury is th Discredited lt, the AHousemby 24 h that, ac votellaand arging e co eiminal law‘Shaken rs that states arter ceSyndrome’ e crIllinois As a resu robustunanimous der behe ot consent, t, the chin 1986. uch mor was created, the required e last qu s of do e to th a tual offen e importan proguably, mSinceecit ion in th ‘Golden habiKiller’ s billion cttimes, utor in th system is sts tavide os amended Arrested: 24 ors are, arLegislature xpayer jurisdi23 prhas Thes Ex-Cop turing ofStateem the registry ut . community notification of sex offender e ac ts ec n th uf en os ca Dedicated to Protecting Human Rights of co an pr r m systeoffenses, restrictions, em is necessary ative mor encing enhanc s e powe ce st country, isl ce sti Th sy leg en ju l. each time adding new nt registry information “that to ice al tia er seInvolve Misconduct 26 . d sent Exonerations:ng60% inal just in Eng- quen American crimin the inordinately each year merica n crimthe charges an for significantly lo s the end ofm1996, n protect public.” otBy ernevery requirements. ve e ro gi ar od , A eir at e ed th th at ow Th s ve reds form oflypublic overst law ha SCOTUS Resolves Circuit Split 34 hundsome inal case ts. The laws all in the nation iminalstate hard be tage False d over had of crimPremises, emenFaulty Numbers, what in place. and the cr . Developelaw ed offenders notification flectsex gh percen rough plea agre the crimes mon law 5th Cir. Extends Prison Mailbox Rule 38 law refor ent hi lish com in al2006, Consequences of th and nUnintended rn m charge ed ve crimIn to os s Congress adopted the Adam e go sp ive th d tio di dr s, te scre ety an her of ye ar orial di appropria and virtually 40 ish so ciChild . Protection Act, There is ed a laudable un- R.I. S Ct Abolishes Shatney osecut veloped eit and Safety EnglWalsh ents deem ately convictions rimes de use of the pr conduc t ate. Cin tim enhancemassailable named honor Adam are sex-offender News in Brief t toler swith andWalsh, inal beofca6-year-old 42 ns and ul goald associated osecutor ewould no inwho crimabducted tiatioregistration prrestriction malum in ea —was go or se an ne and murdered Florida. t— e, and laws: protection rc ac pl n, enfo rs, polic as malum fulness of the vernLegislato of crime creatio rong use the go justice innate w —criminal beca imes include criminal l agents e rfu th s we en cr m A po flu l. contro prohibitu d it. Mala in se ibita crimes s of this in lives ent, and oh the hand cree e drug m m has grown at ment de d rape. Mal a pr er into th ren c tickets to an syste ild t even furth murde r from traffi it has crep . They include ch stice , ng ad hi tri yt l er al ju ericans in en tia m se im A include ev g offenses. s cr ay e ha everyd into th of clude inal law blin d in m lle im o ga cr pu ita d als n g ib an ey America o are bein ala proh are g rate. Th Modern ease in m atures. The wh m at an alarmin for whom policies isl ntial incr syste to suck eless, d m te ho en d an expone ted by various leg e and more implem poor an d e jail. or ea an th m to cr d g ne es e ely desig crim creatin timat d mor specifically e system and ul g of the poor result of filling of more an th natural me of e s been th inted criminals. So tra- them into mandate the jailin es are alive ha es im cr at m ou y fin th newlysome are Policies th ing unable to pa jail cells wi are absurd, and king abuse in r be ips es oc simply fo America. mes to gr these crim y are subject to sh prosecutors. well in public co ns um in g d d n an an an ica M rs er s. geou e Am pes of e office al l- co th ty , lic s at ol A po tr wh of on s -c stem has the hand plosive increase in ed is not the e ou t- of justice sy n have w ith th inaliz e criminal tio The ex been crim s and imprisons monster that th address the situa rely on ve ha or st behavi ica arre design e efforts efforts to bers. By on Amer become, nfortunately, thes t tell the no do only reas in such large num m in the U.S. U at th ls ste begun. te trends executive individua iminal justice sy achine that is d crime ra t legislative and an ta cr m e da or not, th into a relentless thoriry. Curren d whole sto rcement au has evolve lled by law enfo ntro largely co s. or ut ec os ties and pr Criminal Legal News s w e N l a eg L l a n i m CriI Sex Offender Registries: Common Sense or Nonsense? INSID s w e N l a g e L l a n i Crim The E us: utrageo ica e, and O inals in Amer iv s u b A , im d r r C Absu INSIDE e and n of Crim Creatio T Criminal Legal News E I N S I D Information for advertisers Criminal Legal News (CLN) covers all aspects of litigation and news around police and prosecutors,including criminal case law, civil rights litition, parole litigation, sentencing, the death penalty and more. It covers and reports the front end of the criminal justice system with a focus on policing and prosecution. 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