Public Safety

Imagine how often when police officers are deciding whether to arrest someone they are told a version of a story they don’t find believable. In a Supreme Court amicus brief in District of Columbia v. Wesby the State and Local Legal Center (SLLC) argues that the D.C. Circuit erred by applying an inflexible rule that when officers are making arrest decisions they must believe a suspect’s version of the story, even when circumstantial evidence indicates otherwise.

In this case police officers arrested a group of late-night partygoers for trespass. The party-goers gave police conflicting reasons for why they were at the house (birthday party v. bachelor party). Some said “Peaches” invited them to the house; others said they were invited by another guest. Police officers called Peaches who told them she gave the partygoers permission to use the house. But she admitted that she had no permission to use the house herself; she was in the process of renting it. The landlord confirmed by phone that Peaches hadn’t signed a lease. The partygoers were never charged with trespass.

On May 7, 2017, Governor Abbott signed SB 4 into law in Texas. Among numerous other things, it requires local governments to honor Immigration and Customs Enforcement (ICE) detainers, punishable by a Class A misdemeanor.

Many cities and counties don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment. Last month a federal district court concluded that to the extent President Trump’s sanctuary jurisdictions executive order requires honoring warrantless ICE detainers “it is likely unconstitutional under the Tenth Amendment because it seeks to compel the states and local jurisdictions to enforce a federal regulatory program through coercion.”

A federal district court has issued a nationwide preliminary injunction preventing the Trump administration from enforcing the sanctuary jurisdictions portion of the Enhancing Public Safety in the Interior of the United States executive order (EO).

The court was asked to accept two very different versions of what this EO means to determine whether it had jurisdiction to hear this case. The most important dispute between the parties is how much federal funding is on the line. The judge chose the Santa Clara and San Francisco version accusing the Department of Justice (DOJ) of trying to “read out all of Section 9(a)’s unconstitutional directives to render it an ominous, misleading, and ultimately toothless threat.”

In Nelson v. Colorado the Supreme Court struck down a Colorado law requiring defendants whose criminal convictions have been invalidated to prove their innocence by clear and convincing evidence in order to receive a refund of fees, court costs, and restitution. According to the Court in a 7-1 opinion, this scheme violates the Fourteenth Amendment’s guarantee of due process.

Shannon Nelson was convicted on a number of charges from the alleged sexual and physical abuse of her children. Her conviction was reversed due to a trial court error; a new jury acquitted her of all charges. Louis Alanzo Madden was convicted of two sex crimes. The Colorado Supreme Court reversed his conviction; the state did not appeal or retry the case.

The only way Nelson or Madden could recover fees, court costs, and restitution was filing a civil claim under Colorado’s Exoneration Act, which requires them to show by clear and convincing evidence their actual innocence.

Employment can play a critical role in reducing recidivism, but some communities simply do not have enough resources for corrections, reentry, and workforce development practitioners to provide every adult leaving prison or jail with the services they need to reduce their likelihood of re-offending and increase their level of job readiness.

If state legislatures don’t create an exception to their “no-impeachment” rules for jurors who make racially biased statements courts will read such an exception into their rules of evidence following the Supreme Court’s 5-3 decision in Pena-Rodriguez v. Colorado. At least 16 states already have adopted such an exception.  

Most states, including Colorado, and the federal government have a “no-impeachment” rule which prevents jurors from testifying after a verdict about what happened during deliberations with limited exceptions that do not include that a juror expressed racial bias. The rationale behind no-impeachment rules is to decrease the chances of juror being harassed post-verdict and to encourage jurors to “engage in searching and candid deliberations.”

CSG South

This SLC Regional Resource examines the history of and predecessors to body-worn cameras in law enforcement; policy issues associated with them, including considerations for implementation such as data storage, staffing and privacy; and existing laws and policies that regulate their use in the 15 SLC member states.

Five days after assuming office President Trump signed an executive order threatening to take away federal funding from so-called sanctuary jurisdictions. The executive order leaves it to the Secretary of Homeland Security to define “sanctuary jurisdictions.” Unsurprisingly, a number of cities and counties have sued the President over this executive order including San Francisco, Santa Clara County, and Richmond, California, and Lawrence and Chelsea, Massachusetts.  

By mid-April a court will likely grant or deny a preliminary injunction in the Santa Clara County case. At this point we know the legal allegations the cities and counties have made against the President, and the President has responded to the Santa Clara County and San Francisco lawsuits.

U.S. Secretary of Commerce Wilbur L. Ross announced this morning that the First Responder Network Authority (FirstNet), an independent authority within the Department of Commerce, has entered into a 25-year, $46.5 billion agreement with AT&T to build and maintain the first nationwide wireless broadband network dedicated to America’s first responders.

Establishing an interoperable communications network for first responders has been a national goal since September 11, 2001 and was a key recommendation of the 9/11...

In a 5-3 decision in a capital case the Supreme Court rejected a Texas court’s reliance on a 1992 definition of intellectual disability and the use of a number of factors as indicators of intellectual disability which the Court described an “invention…untied to any acknowledged source.”

In Atkins v. Virginia (1992) the Supreme Court held that executing the intellectually disabled violates the Eighth Amendment’s prohibition against cruel and unusual punishment. The Court tasked states with implementing Atkins.

Generally, to be intellectually disabled for purposes of the death penalty a person must have an IQ of 70 or less (adjusted plus or minus five for the standard error of measurement) and “adaptive deficiencies” (an inability to learn basic skills and adjust behavior to changing circumstances) onset as a minor.

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