Category «United States Law»

Forensic Evidence and the CSI Effect

The media’s popularization of certain types of evidence may be inspiring a “CSI effect” on decision makers according to Ken Strutin. There is a question about whether impressions created by the media in its treatment and portrayal of forensic proof as either irrefutable or absolutely necessary for conviction is truly impacting the outcome of criminal cases. Ken’s guide is a collection of select legal scholarship and media studies that illuminates the extent of the phenomenon and whether it needs to be addressed and how.

Subjects: Criminal Law, Internet Resources - Web Links, Legal Research, Online Legal Research Services

The Government Domain: New & Free Regulations Trackers

Peggy Garvin reviews new, free, non-government resources that have recently come online to complement the official U.S. government regulatory information sites, RegInfo.gov and Regulations.gov. For this bounty, Peggy says researcher can thank innovative developers and the relatively new availability of a free XML version of the Federal Register that can be downloaded in bulk.

Subjects: Columns, E-Government, Government Resources, Legal Research, The Government Domain

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

The Web Guide for the New Economy

This guide by Marcus P. Zillman showcases the latest world wide web resources for discovering new knowledge on and understanding about developments with regard to the New Economy. The rapid changes in government transparency policies have resulted in the release of large volumes of data pertinent to researchers that public, advocacy and corporate entities are publishing to the web.

Subjects: Business Research, E-Government, Features, Government Resources, Internet Resources - Web Links, Legal Research, Search Strategies

Social media, geolocation and privacy, oh my!

Nicole L. Black highlights how our net activities are carefully monitored and meticulously tracked by some of the biggest players, including Google, Amazon, Apple, Microsoft and Facebook. Our individual online footprints, from the Web sites we visit, the items we purchase, the people with whom we communicate, to the locations where we access the Internet, are extremely valuable commodities that are increasingly sought after.

Subjects: E-Commerce, Email, Features, Intellectual Property, Privacy

FOIA Facts: Why the Wait?

Requesters who are new to using the FOIA statute often complain that they have filed a request within the last month but haven’t receive their documents yet. FOIA expert Scott A. Hodes explains that the congressional budgeting process does not specifically provide FOIA operations within an agency a set line item amount. Thus, FOIA Offices usually have limited resources from within their own agencies to fulfill requests.

Subjects: FOIA Facts, Freedom of Information, Government Resources

Wrongful Conviction and Attorney-Client Confidentiality

Interpreting Rule 1.6(b)(1) of the ABA Model Rules of Professional Conduct in the context of wrongful convictions is complicated by evidentiary and practical considerations surrounding the potential use of such information. This article by Ken Strutin examines resources about several notable cases and the scholarly literature analyzing different approaches to resolving this dilemma.

Subjects: Criminal Law, Features, Legal Research