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Posts Tagged ‘defense attorney’

Do Prosecutors Cheat?

“Do prosecutors Cheat?” by John F Hays, a Seattle Private Investigator.

Do prosecutors cheat? The short answer is yes.

Sometimes prosecutors cheat. Sometimes police cheat. Sometimes judges cheat. Sometimes defense attorneys and defense investigators cheat. Sometimes jurors cheat. When any players in the game of criminal justice cheat, the whole system fails. It fails the defendant and society, as a whole.

This article in “The Atlantic”, by Andrew Cohen and dated March 4, 2014, tells the story of a prosecutor who admitted the prosecution’s failure in a specific case. This sort of cheating happens all the time; but how often do we see the prosecution or any other players in the process own up to their failures? Laura Duffy did the honorable thing. Kudos to her; and heads up to any criminal justice system players who might play fast and loose with the law.

 

Are Drug Dogs Unreliable? Yes!

“Are Drug Dogs Unreliable? Yes!” by John F Hays, a Seattle Private Investigator.

The Washington Post just published an article that says that the science on the subject indicates “that drug dogs have disturbingly high rates of ‘false alerts’, sometimes with error rates well above 50 percent”. The article indicates that drug dogs can be deliberately or inadvertently influenced by their handlers. If this is true, the validity of evidence developed from the use of these dogs is questionable, at best. This should be the subject of a lot of discussion in the criminal justice system, especially in the criminal defense sector.

Check these links and others (in the article) collected by Radley Balco, the author of the above noted Washington Post article.

“The Mind of a Police Dog”

“NHP Troopers Sue…”

“Police Dog Named “Bono”…”

“Illinois State Police Drug Dogs…”

Tribune analysis: Drug-sniffing dogs…

“Handler beliefs affect…”

 

 

Zimmerman: Guilty or Innocent?

“Zimmerman: Guilty or Innocent?” by John F Hays, a Seattle Private Investigator.

I don’t claim to know the answer to the question. It’s obvious that the public, aided and abetted by the media, has already made up its collective mind. ZIMMERMAN IS GUILTY AS CHARGED! This was the opinion of the general public even before the trial started. Add to this the general opinion of the masses that an accused person is guilty because the person was arrested and charged.

Wow! Think of all the tax dollars that could be saved if we just substituted the media, leading the masses to popular “opinion”, for the legal system.

But, hold on a minute. Our legal system is based on the practical assertion and principle that a person is innocent until proven guilty. I guess the media and the masses don’t get it. Here’s a Facebook post you might want to read just to get some perspective on cases like this where a defendant is claiming self defense to justify a homicide. And remember that “homicide” is a morally and legally neutral term. Its meaning is too narrow for making decisions about how to treat the act and its results. Homicide can be “justified”, as in the case of legitimate self defense, or “unjustified”, as in the case of premeditated murder.

 

Sixth Amendment Cancelled?

“Sixth Amendment Canceled?” by John F Hays, a Seattle Private Investigator

Sequestration is the most inane excuse for violating human rights and our Constitution. According to the Sixth Amendment:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” US Constitution, Bill of Rights, Sixth Amendment.

Now take a look at this Associated Press article written by Gene Johnson. It appears that justice is now a commodity, just like everything else.

Is there a way that the House and the Senate can be held in contempt for violating the Constitution in such a blatant and egregious  manner?

 

National Association of Criminal Defense Lawyers Forensic Science Meeting 2012

The National Association of Criminal Defense Lawyers – Forensic Science Meeting 2012 will be held in Las Vegas on March 23rd to March 24th at the Cosmopolitan Hotel. For more information please see their website.

NACDL & CACJ’s 5th Annual Forensic Science Seminar will be a two-day event in the City of Lights—Las Vegas! In the modern world, you need to know and understand the forensic sciences in order to effectively represent your clients. Attend this one-of-a-kind CLE seminar and leave with a better yevo understanding of forensic evidence and technology to use in the arsenal of tools to win your next case. If it involves forensic evidence or technology in a criminal case, it will be covered at this one-of-a-kind seminar.

This year’s seminar topics include:

-The Amanda Knox Case: What Role Did DNA Transfer and Contamination Issues Play?
-Fighting the Prosecution’s “Fantasy of Forensics”
-State of NC v. Gregory: A Case Study
-Mental Defenses
-Cognitive Interview Techniques, Signs of Deception, and Forensic Artistry
-Bloodspatter Evidence for Lawyers
-Working with Forensic Experts
-Trends and Tips in Computer Forensics Discovery Prerequisites
-Forensic Evidence in Sexual Assault Cases
-The Science of Eyewitness Identification
-Burning Down the House: Defending Accusations of Arson
-Pharmacology for Lawyers
-The Role of the Forensic Pathologist in the Criminal Justice System
-DNA: From Basics to Advanced

 
© 2012 HSI Investigations, A Seattle Private Investigator