Tag Archives: DOJ

Hair evidence analysis is not so great

I came across this very interesting press release which stated that in many FBI cases hair analysis’ reliability was exaggerated when making a positive identification in FBI cases.  These include 27 capital cases.

According to the press release, the FBI labs reports have consistently asserted that hair analysis can’t be used to make a positive identification.  However, some FBI agents asserted that hair analysis led to near-certain matches.

In other words, the practice of using hair analysis was deemed “highly unreliable” by the National Academy of Science.  Even though it is possible to conduct hair microscopy and find similarities among various samples, “in many cases the FBI analysts were overstating the significance of these similarities, often leaving juries with the false impression that a hair recovered from the crime scene must have come from the defendant and could not have come from anyone else.” (italics and underline added).

The FBI and the Justice Department uncovered the cases in a review of more than 20,000 lab files that was undertaken in consultation with the Innocence Project and the National Association of Criminal Defense Lawyers, the story says.  So far, about 15,000 files have been reviewed, turning up about 2,100 cases in which hair evidence was used and 120 convictions that could be problematic, including the 27 capital cases.

The Innocence Project Co-Director Peter Neufeld made the following statement:

The government’s willingness to admit error and accept its duty to correct those errors in an extraordinarily large number of cases is truly unprecedented.

The Justice Department will notify prosecutors, convicted defendants and their lawyers if a review panel finds FBI examiners made excessive claims. In such cases, the Justice Department will waive rules that restrict post-conviction appeals and will test DNA evidence upon the request of judges or prosecutors.

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Filed under civil rights, courts, discovery, federal, Privacy Rights

TN County agrees to reform judicial system

The ABA Journal Blog reports on a ground-breaking agreement between TN Shelby County and the US Dep’t of Justice.  The agreement regards the juvenile judicial system, includes the following provisions:

  • Teens will be advised of their Miranda Rights;
  • Teens will get a probable cause hearing on detention within 48 hours; and
  • Teens will get help from specially trained public defenders.

This agreement arose from a federal investigation which found the following:

  • Black teens were twice as likely as white teens to be detained;
  • Black teens were transferred to adult criminal court for low-level offenses;
  • Black teens were subjected to unnecessary restraints;
  • Black teens were not advised of their Miranda rights; and
  • Black teens were held in detention on weekends and holidays because no probable cause hearings were held.

via A Tennessee County Agrees to Grant New Protections to Accused Juveniles in Template for Reform – News – ABA Journal.

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Filed under civil rights, legal decision

DOJ Threatens to Sue Sheriff Joe Arpaio for Civil Rights Violations

From ABA Journal News:

The U.S. Justice Department is threatening to sue a controversial Arizona sheriff for civil rights violations because of his treatment of Hispanics.

The department’s civil rights division revealed a possible lawsuit after settlement talks broke down with Maricopa County Sheriff Joe Arpaio, according to Reuters and the Washington Post. “We believe that you are wasting time and not negotiating in good faith,” the department said in a letter to Arpaio’s lawyer.

A Justice Department report released in December accused the sheriff’s department of using racial profiling against Hispanics in police stops and denying them services in jail.

The DOJ says Arpaio’s lawyers have twice called off settlement negotiations at the last minute, according to the Post account. After cancelation of a March 1 meeting, Arpaio held a news conference to claim President Obama’s birth certificate is a forgery. Now Arpaio is complaining about the feds’ demand for a court-appointed monitor.

via DOJ Threatens to Sue Sheriff Joe Arpaio for Civil Rights Violations – News – ABA Journal.

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