Category «Courts & Technology»

DNA Identification Evidence in Criminal Prosecutions

In criminal cases, there have been challenges on sufficiency grounds and concerns over the use of forensic DNA evidence as the sole or primary proof of guilt. Uncorroborated DNA matching might not be enough to satisfy the burden of establishing guilt beyond a reasonable doubt. The reliability of forensic DNA testing results might be questioned for any number of reasons, e.g., laboratory error, cross-contamination, interpretive bias or fraud, etc. Ken Strutin’s essay provides an overview of nuclear DNA typing, a sampling of the kinds of discretionary decisions that analysts often confront when interpreting crime scene samples, and concludes with with remarks about current disputes in forensic DNA typing, and how recognition of its inherent subjectivity might inform and illuminate these debates.

Subjects: Court Resources, Courts & Technology, Criminal Law, Features, Legal Research

Features – Public Defense Systems

Criminal Justice Resources Public Defense Systems

By Ken Strutin

Ken Strutin (JD, MLS) is an experienced law librarian, criminal defense attorney, and well-known writer and speaker. He is the author of The Insider’s Guide: Criminal Justice Resources on the Internet, and has lectured extensively about the benefits of using the Internet for legal research at national and local CLE training programs. Mr. Strutin also wrote ALI-ABA’s Practice Checklist Manual on Representing Criminal Defendants, and co-authored the award winning Legal Research Methodology computer tutorial, published by the Center for Computer-Assisted Legal Instruction (CALI). He has contributed chapters to several books and written many articles concerning knowledge management, legal research and criminal law. Mr. Strutin has taught courses in Advanced Legal Research and Law Office Management. He is also listed in Who’s Who in American Law. Currently, Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association and writes a column for the New York Law Journal. Other guides by Ken Strutin on LLRX.com.

Published June 18, 2006

Introduction

This is a select collection of resources about public defense systems in the United States. The focus is on key studies, reports, and reference materials published on the web..

#public%2520defense”>Public Defense Directories

#reports”>Reports

#resource%2520centers”>Resource Centers

#standards”>Standards

#criminal%2520defense”>Criminal Defense Lawyer Associations

#eligibility”>Eligibility #commissions”>Commissions #resources”>Resources

Public Defense Directories

Nationwide

  • Pine Tree Legal Services Their website offers links to civil legal services, legal aid, pro bono, backup centers, pro se site, and law school programs throughout the country, and some from around the world. Pine Tree is a statewide legal services program for the citizens of Maine.

Federal

State

<#Table%2520of%2520Contents”>Table of Contents> Resource Centers

In many states, public defenders, legal aid and assigned counsel rely on the support services provided by backup centers. These offices respond to the research and training needs of public defense attorneys, monitor case law and legislative developments, answer questions from the client community and members of the public, and serve as a clearinghouse for public defense advocacy and policy research.

Nationwide

States

Criminal Defense Lawyers Associations

There are many statewide and local criminal defense associations, as well as sections of general bar associations, that have dedicated resources to public defense work. The lists below provide web links to many of these groups.

Commissions

Public defense systems vary from place to place. Some have established statewide systems and operate under commissions, while others are patchwork arrangements. And a few states are reevaluating their defender systems. Information about commissions and related developments can be found in the Spangenberg studies below. Underneath is a selection of state websites.

Nationwide

States Links Arkansas Public Defender Commission California California Habeas Corpus Resource Center Colorado State Public Defender Commission

Alternate Defense Counsel Commission

Connecticut Public Defender Services Commission District of Columbia Public Defender Service Florida Florida Public Defender Association Georgia Georgia Public Defender Standards Council Hawaii Defender Council Illinois Office of State Appellate Defender Indiana Public Defender Commission Iowa Indigent Defense Advisory Commission Kansas State Board of Indigents’ Defense Services Kentucky Department of Public Advocacy Louisiana Louisiana Indigent Defense Assistance Board

Louisiana Task Force on Indigent Defense

Maryland Public Defender Massachusetts Committee for Public Counsel Services Michigan Appellate Defender Commission Minnesota Minnesota Public Defenders Missouri Public Defender Commission Montana Public Defender Commission Nebraska Nebraska Commission on Public Advocacy New Hampshire Judicial Council

New Hampshire Public Defender

New York

New York State Commission on the Future of Indigent Defense Services

Capital Defender Office

North Carolina Public Defender Commission North Dakota North Dakota Commission on Legal Counsel for Indigents Ohio Hamilton County Public Defender Commission

Public Defender Commission

Oklahoma Oklahoma Indigent Defense System Oregon Public Defense Services Commission North Carolina Public Defender Commission South Carolina Indigent Defense Commission Texas Texas Task Force on Indigent Defens Virginia Indigent Defense Commission

Virginia Indigent Defense Commission

Washington Office of Public Defense Wisconsin State Public Defender

<#Table%2520of%2520Contents”>Table of Contents>

Reports

The major bar associations, private research groups and government agencies have published reports on different aspects of public defense. They include systemwide surveys, funding studies, caseload analyses and highlights of significant problems and unmet mandates.

Compilations

Nationwide Studies

Gideon 40th Anniversary Sites

States

States

Standards

These are compilations of national and state standards for the criminal justice system, and public defense in particular.

Compilations

Resources

<#Table%2520of%2520Contents”>Table of Contents>

Eligibility

The ability to afford counsel depends on many factors, and the assessment of those factors determines whether an accused will receive assigned representation. Below are several guidelines, albeit starting points, used in making this determination.

Guidelines

Reports

Resources

These resources are excellent starting points for locating national and local materials on public defense systems and the implementation of the right to counsel. The Resource Centers listed above are another good place to find information about a particular state’s system.

Organizations

Bibliographies and Libraries

Subjects: Court Resources, Courts & Technology, Government Resources, Legal Research

Features – Getting a Grip on the CSI Effect: The National Clearinghouse for Science, Technology and the Law at Stetson Universit

Getting a Grip on the ‘CSI Effect’: The National Clearinghouse for Science, Technology and the Law at Stetson University College of Law

By Diana Botluk and Brittan Mitchell

Diana Botluk is the Director of Research at the National Clearinghouse for Science, Technology and the Law at Stetson University College of Law, and author of The Legal List: Research on the Internet. Brittan Mitchell is a Law and Science Fellow at the National Clearinghouse for Science, Technology and the Law at Stetson University College of Law, and supervises its pro bono research program at Stetson.

Subjects: Court Resources, Courts & Technology, Features

Features – eFiling Comes of Age

eFiling Comes of Age By Phil Ytterberg and Scott Schumacher

Phil Ytterberg is Market Development Manager for WestFile ( tm ) at West Group. Mr. Ytterberg manages market development for the WestFile Electronic Filing Service, with responsibility for the legal and regulatory markets. He is a graduate of Tufts University and the Boston University School of Law. He regularly delivers presentations on electronic court filing at conferences and symposia nationwide, including faculty presentations for the National Center for State Court’s Institute for Court Management (ICM) and the National Practice Institute (NPI).

Subjects: Courts & Technology, Electronic Court Filing, Features