Category «Court Resources»

Bail in Justice: Innocence, Indigence and Incarceration

Ken Strutin’s exemplary research once again advances our understanding of critical issues pertaining to our justice system in the United States. According to Strutin: ‘the number of innocent people in post-conviction confinement is counted in the thousands, the pre-trial population of the unconvicted is in the millions. Every accused has constitutional rights to liberty, dignity and innocence, and yet, confinement often arrives before conviction. Money bail has the unfortunate effect of monetizing personal liberty and alchemizing human beings into negotiable instruments. This is the slippery slope of criminal justice, the erosion of liberty and due process. So it is that excessive bail bars the way to fully realize constitutional rights and increases the risk of wrongful conviction. Present efforts to improve pretrial release and detention practices have inspired some legislative and policy changes as well as bail funds and advocacy programs. This guide and annotated bibliography covers noteworthy legislation, court decisions, reports and guides, news articles and other sources concerning bail reforms and practices.”

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Subjects: Civil Liberties, Court Resources, Criminal Law, Legal Research, United States Law

Should Colorado court documents be free on public library computers?

Jeff Roberts of the Colorado Freedom of Information Coalition raises the question of expanding free public access to court documents in Colorado. Specifically, he identifies the only location where a non-lawyer can view and request copies of all civil court documents from ICCES, the Integrated Colorado Courts E-Filing System. This location is the Colorado Supreme Court’s law library in the Ralph L. Carr Judicial Center in downtown Denver. Fees and access to PACER have been the topic of discussion in the legal community for many years. The urgency of this discussion and a resolution that ensures free public access to court filings is critically dependent upon the future of court law libraries.

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Subjects: Court Resources, Courts & Technology, E-Government, Electronic Court Filing, Government Resources, Legal Technology, Online Legal Research Services

Cut and Paste Opinions: A Turing Test for Judicial Decision-Making

Ken Strutin argues that cut-and-paste is a laudable method for reducing transcription errors in copying citations and quotations. However, he identifies that a problem arises when it is used to lift verbatim sections of a party’s arguments into a case decision. Stipulations and proposed orders from counsel for both parties might be enviable and practicable, but judgment and fact-finding are solely in the province of the court. This has been a long standing issue that has spanned technologies from shears and paste-pot to typewriters and computers, and which might culminate in a Turing Test for case law.

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Subjects: Case Management, Court Resources, Courts & Technology, KM, Legal Profession

Researching Australian Law

Nicholas Pengelley and Sue Milne have revised, updated and expanded their guide which covers a comprehensive range of sources on topics that include: Parliaments and Laws; Finding Australian Legislation; Courts and Judgments; Finding Australian Cases; Treaties; Journal Literature; Legal Encyclopedias; Law Reform; Government Information; Dictionaries; Directories; Legal Research Guides; Publishers; Current Awareness; Discussion Lists; and Major Texts.

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Subjects: Comparative/Foreign Law, Court Resources, Features, Government Resources, International Legal Research, Legal Research, Legislative

Legal Loop: Lawyers, technology and a light at the end of the tunnel

Lawyer and legal tech expert Nicole Black highlights how federal court judges are leveraging research and current awareness sources and services provided to professionals and the public via their respective court websites, as well as actively using mobile tools and apps in their daily work flow.

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Subjects: Case Management, Court Resources, Courts & Technology, Gadgets, Gadgets/Gizmos, Online Legal Research Services, Portals, Public Records

Negotiating Justice: The New Constitutional Spectrum of Plea Bargaining

Ken Strutin focuses on the impact of the Supreme Court’s decisions in Missouri v. Frye and Lafler v. Cooper, and the upcoming appeal in Burt v. Titlow in regard to placing plea bargaining front and center on the national stage. As a result, they have divided practitioners and scholars into two camps: (1) those who consider the rulings to be a new statement in the law of plea bargaining and right to effective assistance of counsel; and (2) those who believe they are only a restatement of established principles. These cases have generated interest in the centrality and regulation of plea bargaining, the ethics and effectiveness of defense counsel as negotiator, the oversight of prosecutors regarding charging decisions, sentence recommendations and pre-trial discovery, and the scope of federal habeas corpus review and remedies. Ken’s article is a comprehensive annotated guide to high court opinions, scholarship and commentary regarding the themes addressed by the Supreme Court in Lafler and Frye as well as their implications for the administration of criminal justice.

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Subjects: Constitutional Law, Court Resources, Criminal Law, Features, Legal Research, Supreme Court, United States Law

Canine Assisted Investigation in the Borderlands of Privacy

Ken Strutin brings attention and focus to the fact that dog detection at airports for contraband, in traffic stops for narcotics, at fire scenes for accelerants and at suspect lineups are playing an increasingly important role in criminal investigations. At the same time, Ken documents that the thresholds of olfactory detection continue to test the limits of privacy, probable cause and due process. Recently, the U.S. Supreme Court decided two cases involving animal assisted investigation. The fallout from these decisions will add to the evolving body of case law in federal and state courts as they continue to sort out the constitutional limits of this type of investigation.

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Subjects: Court Resources, Courts & Technology, Cyberlaw Legislation, Privacy

Post-Conviction Representation, Pro Se Practice and Access to the Courts

After the first criminal appeal, there is no constitutional right to counsel. Thus, the convicted and imprisoned pursuing discretionary appeals and habeas corpus relief must research, investigate and litigate as their own attorney. Law librarian, criminal defense attorney, and well-known writer and speaker Ken Strutin’s guide documents a body of law that has developed defining the spectrum between full-blown post-conviction representation and the impact of the conditions of confinement on pro se litigants.

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Subjects: Court Resources, Criminal Law, Features, Legal Profession, Legal Research

When judges, jurors and the Internet collide

In the past, attorney Nicole L. Black has described misguided attempts by judges to excessively penalize jurors for using social media or the Internet during the pendency of trials. In fact, over the last year, judges have gone so far as to fine or jail jurors who have used social media during trial, and legislators have proposed laws that would criminalize such conduct. This despite the fact that jurors have been violating judges’ orders not to research or discuss pending cases since the dawn of jury trials.

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Subjects: Court Resources, Courts & Technology, Features, Gadgets, WiFi
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