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Posts tagged "Criminal Defense"

Challenging implicit racial bias in court

When some people face Maryland criminal charges, they may have to deal with the unconscious weight of racial bias and stereotypes from juries and even judges. Research shows that black defendants continue to receive higher prison sentences and are more likely to be held in pre-trial detention. According to many scholars, these results could be explained by implicit bias, a form of racial prejudice that relies on the unconscious perpetuation of social stereotypes rather than conscious choices to discriminate against members of a particular race. One of the key characteristics of implicit racial bias is that it remains unspoken and unexamined.

Incorrect witness identifications linked to false convictions

People in Maryland may think of eyewitness identifications as particularly strong evidence that a person committed a crime. However, research has shown that witness identifications may be particularly prone to human error; they are a major factor in wrongful convictions that have been overturned through new DNA evidence. The quality of an eyewitness identification may vary greatly depending on the police procedures used to obtain it. For example, police may praise witnesses for selecting a suspect or pressure them to identify someone from a photo or in-person lineup.

What a person's Miranda rights are

A person who is taken into custody in Maryland or any other state must be read his or her rights. Failure to do so could result in a statement being suppressed before or during a trial. It could also result in any other evidence obtained based on that statement to be suppressed as well. An individual has the right to know that he or she can remain silent at all times while in custody.

Officers relying on unreliable forensic tool

People in Maryland who the police suspect of possibly committing crimes might be asked to write statements about what they remember from the incidents. Law enforcement officers use these statements when they build their cases. However, most people might not realize that some police departments use a forensic tool called Scientific Content Analysis or SCAN to analyze the written statements to purportedly detect deception.

Law enforcement still impacts blacks heavily despite improvements

A study produced by the nonpartisan Council on Criminal Justice reported that the racial imbalances within the criminal justice system have improved over the past 16 years. Despite the narrowing of racial disparities among criminal defendants and inmates in Maryland and nationwide, blacks remain disproportionately represented within local jails and state prisons and among parolees and people on probation. In 2000, state prisons held 15 times more black people convicted of drug crimes than white people. By 2016, the ratio had dropped to 5 to 1.

Unconscious bias could affect criminal trial outcomes

Whether conscious or unconscious, the effects of a judge's bias can be highly damaging for people facing criminal charges in Maryland. Researchers have probed the issue of unconscious bias, a form of bias or stereotyping that is an aspect of the subconscious mind rather than conscious thought. In many cases, people's unconscious biases may be entirely opposed to their conscious, thoughtful choices and beliefs. According to neuroscientists, there is a strong biological basis for the concept of unconscious bias. The human brain is complex, and certain factors can lead to a greater impact of these types of unconscious biases and pervasive social ideas.

Breathalyzer results may be unreliable

Maryland prosecutors often rely on Breathalyzer tests to convict people accused of drunk driving. However, a report from The New York Times highlights the challenges of such tests as well as their questionable accuracy. While the science underlying a breath test for blood alcohol concentration may be fundamentally valid, those scientific conditions are often not replicated in the roadside and even police station breath tests administered to people accused of driving under the influence. The report noted that in several states, judges have thrown over 30,000 Breathalyzer test results out of court due to their unreliability.

The downsides of community service sentencing

For many people in Maryland, community service sentencing appears to reflect a more humane approach to criminal justice than levying heavy fines or assigning jail time. However, the UCLA Labor Center and School of Law carried out a study that takes issue with that conclusion. It argues that the extensive use of community service exacerbates poverty and unemployment, especially in low-income neighborhoods and communities of color, where most defendants sentenced to community service live. The school argues that not only may defendants be blocked from pursuing employment themselves, but potential paid jobs are being replaced by free labor obtained through the sentencing process.

The rippling effects of arrest and conviction

Some Maryland residents may have seen firsthand the effect that increased incarceration rates can have on a community. Although the incarceration rate in the United States has diminished slightly in recent years, there is no country on the planet that has an incarceration rate as high as the United States.

Multiple states pass legislation regarding jailhouse informants

Prosecutors say that jailhouse informants are a prime source of accurate information that can hold people accountable for the crimes they have committed. However, groups such as the Innocence Project say that the information they provide may not necessarily be credible. Individuals who are in prison in Maryland or elsewhere may receive lighter sentences or other perks for providing what they know. This could create a conflict of interest as an individual could simply tell prosecutors what they want to hear.

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