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  • Queens Prosecutors Long Overlooked Misconduct. Can a New D.A. Do Better?

    On her first day as district attorney of Queens, Melinda Katz created a unit to review potential wrongful convictions that in its first year has exonerated four men and has 80 more cases under review. The Queens DA's office long resisted the national trend toward such "conviction integrity" units, based on its contention that all prosecutors should be open to fixing their mistakes. The office, however, showed little inclination to do so systematically. Katz put the new unit under the control of a former lawyer with the Innocence Project and showed a resolve to take claimed injustices more seriously.

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  • Is D.C. Finally on the Brink of Statehood?

    51 for 51 is an advocacy group fighting for DC statehood by educating people about DC residents’ taxation without representation and training advocates in other states, mostly young people, to lobby their senators to support a statehood bill. Organizers also bird-dogged democratic presidential candidates for a public pledge of support for statehood, which 18 did. The group has also gained new support for ending the filibuster, which is needed to pass a statehood bill in the Senate. Support for statehood is at its highest, with a bill passing the House of Representatives for the first time in June 2020.

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  • Michigan's New Clean-Slate Law Makes State a Leader in Criminal Justice Reform

    A new law in Michigan will automatically expunge misdemeanors and felonies after several years, making it easier to find employment for those who have a record. The automatic nature of the expungement removes the barriers of cost and time for successfully completing the long application process. A clean slate makes it easier for people to improve their lives through better housing and higher pay, leading to lower rates of recidivism.

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  • New laws lead some Washington prosecutors to rethink three-strike life sentences

    Nearly three decades after Washington voters made their state the first to enact a three-strikes law, imposing life imprisonment for repeated, serious offenses, some prosecutors have found ways to avoid the law's effects that are seen as unduly harsh or racially biased. Some have interpreted a law authorizing resentencing to apply to three-strikes cases. Others have pushed the governor to grant clemency more often. This new willingness to question the law's effects is not universal among prosecutors, and the state Supreme Court soon will weigh in on the issue.

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  • Where the COVID-19 Pandemic Might Finally Ignite Change in the Bail Bonds System

    The spread of COVID-19 in jails prompted many releases from custody and a surge in donations to bail funds that pay for people's release. But those fixes have done little to address the underlying challenges of detaining millions of people before trial, either because they cannot afford cash bail or because risk-assessment tools deem them a threat to public safety or unlikely to return to court. In two South Florida jails, the struggles over containing the virus, providing due process to criminal defendants, and ensuring public safety have brought the debate into sharper focus.

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  • Two years in, Maryland leads most other states in use of ‘red flag' gun law

    Two years after Maryland adopted a law allowing for court orders denying gun access to people at high risk of harming themselves or others, police and the public have invoked the law far more often than in most states with similar laws. It is difficult to prove that domestic-violence assaults or suicides have been prevented. But advocates and law enforcement officials say they have seen that effect. Research has documented that extreme-risk protection orders, as such laws are known, can prevent suicides. Credit for the law's use goes to police training and 24/7 court access for emergency hearings.

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  • A Broken Bond: How New York Judges are Getting Around Bail Reform Audio icon

    A key part of New York state's bail system reform legislation gave judges the ability to use alternative forms of bail designed to be more affordable to more people. But, by giving judges broad discretion, the law left large loopholes that judges have used to undercut the law's purpose. In addition to the two standard forms of bail – payment in cash or a nonrefundable fee to a bail bonds company – the law allowed for cost-free or refundable-deposit bonds that judges either have avoided using or have turned into a new costly obligation, leaving thousands to sit in jail pending trial.

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  • Pa. Supreme Court halts Philly criminal trials streamed on YouTube over possible harassment

    Philadelphia criminal trials were broadcast live on a public YouTube channel to provide for public access to the courts during the pandemic shutdown, but the practice was halted over a complaint by prosecutors that this means of public access created opportunities for harassment and intimidation of victims, witnesses, and defendants. Responding to an emergency petition by the Philadelphia district attorney, the state Supreme Court halted the YouTube broadcasts. Prosecutors said they will explore alternatives including private Zoom calls and closed-circuit feeds.

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  • Harris County's bail reforms let more people out of jail before trial without raising risk of reoffending

    Releasing tens of thousands more misdemeanor defendants from jail without requiring cash bail had no measurable effect on crime rates in Texas' most populous county. To settle a lawsuit that claimed cash bail unconstitutionally discriminated against people on the basis of wealth, Harris County established a set of reforms abolishing cash bail in most misdemeanor cases. Court-appointed researchers monitoring compliance with the settlement found re-offending rates remained stable while racial disparities in who gets released improved. Not tested yet was compliance with court appointments.

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  • The Junk Science Cops Use to Decide You're Lying

    When "junk science" forms the basis of the training curricula used by for-profit companies in the business of teaching police interrogation techniques, it can produce mistakes leading to false confessions and wrongful convictions. A number of vendors rely on practices long proven ineffective and debunked as myths, such as relying on interpretations of body language, eye movement, tone of voice, and other physical cues to claim evidence of deception. Genuine evidence-based interview techniques exist that should be used in making police training more professional.

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