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CCR Critical of Elena Kagan’s Nomination |
In response to President Barack Obama’s nomination of Solicitor General Elena Kagan to the United States Supreme Court, Center for Constitutional Rights Executive Director Vincent Warren issued the following statement:
“When the president nominates a woman or man to sit for life on the highest court of the land, we must look seriously at the broadest and most long-term implications seating that person will have for our country. At the Center for Constitutional Rights, we have fought at the forefront to hold back presidential overreach and the dangerous growth of executive power, particularly as it concerns torture, detention, surveillance and racial profiling, areas where the government has flouted the law most blatantly over the last decade. I am sad to say that Solicitor General Elena Kagan’s record indicates a troubling support for expanding presidential powers, something we must be vigilant about at this time. President Obama would appear to be seeking to appoint a Supreme Court Judge who will endorse his policies and appease conservatives. This is not the way to make a decision that will affect our nation for decades to come.” |
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Federal Court Rules Against Net Neutrality |
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AP: A federal court threw the future of Internet regulations into doubt Tuesday with a far-reaching decision that went against the Federal Communications Commission and could even hamper the government's plans to expand broadband access in the United States. The U.S. Court of Appeals for the District of Columbia ruled that the FCC lacks authority to require broadband providers to give equal treatment to all Internet traffic flowing over their networks. That was a big victory for Comcast Corp, the nation's largest cable company, which had challenged the FCC's authority to impose such "net neutraility" obligations on broadband providers. Supporters of network neutrality, including the FCC chairman, have argued that the policy is necessary to prevent broadband providers from favoring or discriminating against certain Web sites and online services, such as Internet phone programs or software that runs in a Web browser. Advocates contend there is precedent: Nondiscrimination rules have traditionally applied to so-called ''common carrier'' networks that serve the public, from roads and highways to electrical grids and telephone lines.
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Annual Criminal Law Seminar |
The annual criminal law seminar sponsored by the Public Defenders Association of Iowa will be held in a new location this year. The seminar will take place June 16-18, 2010, at the Meskwaki Bingo and Casino Hotel, 1504 305th Street in Tama, Iowa. The seminar rate for a standard hotel room is $69 with a 7% tribal tax. The PDAI is not subsidizing hotel rooms this year.
You may reserve a hotel room by calling 1-800-728-4263. To get the seminar rate, you may need to mention this is in conjunction with the Waterloo Public Defender. Get your brochure here. Go to website: http://pdaseminar.webs.com
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Justice Dept. To Launch Indigent Defense Program |
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NPR News The U.S. criminal justice system typically pits defense lawyers against government prosecutors. Now, defense lawyers who represent poor clients are about to get some major help from their usual adversaries.
The Justice Department is on the verge of launching a new program to help low-income people receive legal help. It's called the Access to Justice initiative, and one of the top constitutional lawyers in the country is taking a leave of absence from Harvard to spearhead the project.
Although there has been no official announcement, a Justice spokesperson has confirmed the plans.
Professor Laurence Tribe of Harvard Law will begin work in Washington next week as senior counselor for Access to Justice. He will coordinate with judges and lawyers across the country with the goal of finding ways to help people who cannot afford a lawyer — a circumstance known in legal terms as indigent defense. |
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Innocence Project of Iowa |
By Brian Farrell
The Innocence Project of Iowa is a nonprofit organization that seeks to prevent and remedy wrongful convictions in the State of Iowa through education, systemic reform, and remedial case work. The Project is actively involved in policy work aimed at strengthening Iowa’s criminal justice system to ensure the integrity of convictions. It also reviews inmate requests for assistance. Cases meeting certain criteria are considered for further investigation which may lead to litigation on the inmate’s behalf.
The Project was founded in the spring of 2007 by a group of attorneys, professors, and students committed to the prevention of wrongful convictions and the exoneration of innocent persons. The Project has no paid staff but relies on entirely on volunteers. Case intake and initial screening is completed by the paralegal program at Iowa Lakes Community College, while policy work and case investigation is largely conducted by law and journalism students from the University of Iowa under the supervision of faculty and attorneys. The Project is an Iowa nonprofit corporation and is a member of the nationwide Innocence Network.
As an all-volunteer organization, the Innocence Project of Iowa is continually assembly a database of attorneys willing to assist with cases should a need arise in their community or area of expertise. It also welcome offers of professional assistance in ongoing organizational work such as fundraising and public education. The Project greatly appreciates all financial assistance, including contributions through the United Way. Inquiries can be directed to Brian Farrell at
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NAS Report on Forensic Science - A Must Read |
By Brian Farrell
A year ago, the National Academy of Sciences issued a landmark report on the state of forensic science in the United States. This Congressionally-mandated report concluded that there are significant problems in the way science is used in criminal proceedings. It found a troubling lack of uniformity in the admission and use of scientific evidence. With the exception of DNA evidence, the report found that “no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source.” This paucity of research on the validity and reliability of forensic methods is coupled with a lack of autonomy, accreditation, and uniformity in many crime labs nationally. (This is less a concern for us here in Iowa. The Iowa DCI Criminalistics Laboratory is one of 371 laboratories to be accredited by the American Society of Crime Laboratory Directors Laboratory Accreditation Board. Director Bruce Reeve additionally informs me that, although not required, many DCI criminalists are certified in their respective disciplines.)
The report provides excellent information on the potential shortcomings of numerous forensic methods which have regularly been relied on in criminal trials. It also provides a bold outline for reforms aimed at strengthening the reliability of forensic methods in the United States. This includes more greatly involving the scientific community in the “gatekeeper” role that is now exclusively occupied by the courts.
The report is available for purchase as a hard copy, and is also available for free online. The executive summary, which provides a great overview of the report and its recommendations, is available as an easy-to-read PDF file (in the “Download Free” box toward the lower right side of the center). The entire report is available as slightly-less-reader-friendly web pages further down (labeled “Table of Contents”).
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