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Archives - January 2011

31
Jan

FORENSIC SCIENCE REFORM IS LONG OVERDUE

Washington, DC (Jan. 25, 2011) – As more than a decade of crime lab scandals have shown, forensic evidence presented in court is, at times, often bogus – based on speculative research, inadequate quality control, and subjective interpretations. Ensuring the scientific integrity of forensic evidence is essential to preventing wrongful convictions and exonerating the innocent. …

26
Jan

CALIFORNIA EVIDENCE: WHEN IS A KNIFE NOT A DEADLY WEAPON?

Here is a really interesting case. When is a knife not a deadly weapon? One would usually answer “never”, right? I mean, I once had a San Diego Deputy District Attorney argue that fruit pits were deadly weapons because the defendant tried ramming them down the victim’s throat screaming, “Choke on it.” A new judge …

26
Jan

CALIFORNIA CRIMINAL LAW: CAN A SINGLE ACT RESULT IN MULTIPLE ENHANCEMENTS?

Does California penal Code sec. 654 apply to enhancement? This California Court of APpeal says, “Cases sometimes ask whether section 654 applies to enhancements. However, there is not necessarily a single yes or no answer to this question. As the law now stands, section 654 may apply to some enhancements under some circumstances.” Confused yet? …

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