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Posts tagged "Criminal Defense"

Police can usually access digital data without probable cause

Online privacy is a hot-button issue in South Carolina and around the country, and technology companies have been dragged over the coals by the media when they have sold confidential information to unscrupulous third parties or allowed malicious hackers to gain access to it. However, the ease with which law enforcement agencies can obtain personal information from social media companies and online service providers has prompted little in the way of outrage.

Eyewitness identifications are often unreliable

Juries in South Carolina and around the country tend to find eyewitness testimony extremely persuasive, and this is especially true when witnesses are able to identify criminal defendants with confidence. However, the way that police departments conduct suspect lineups and the inner workings of the human brain can sometimes make witnesses seem far more confident in court than they were when they made the initial identification.

Over 3,000 freed from prison under First Step Act

South Carolina residents may be interested to learn that over 3,000 individuals will be released from the custody of the Bureau of Prisons starting in late July 2019. The release is meant to comply with the conditions of the First Step Act, a criminal reform act passed by Congress in 2018.

Law enforcement forces suspects to release passwords

When police arrested a Florida man for marijuana trafficking violations, they allegedly discovered possibly incriminating information on the defendant's cell phone. Since the phone was locked, officers demanded that the defendant release his password, but the defendant refused. While police are required to get a warrant to search a cell phone, it's not clear whether or not they have the power to force someone to give up their password. There varying rulings in jurisdictions from South Carolina to California.

Social media neighborhood apps raise undue alarm about crime

Residents of South Carolina can increasingly monitor their neighborhoods, connect with neighbors and report suspicious activity at the touch of a button. Community-oriented social media applications, like Nextdoor, Citizen and Amazon's Ring, have attracted many users. Critics assert that the applications encourage people to engage in racist stereotyping and create unnecessary fears about public safety.

Former executive sentenced for wire fraud charges

Some people in South Carolina may have heard about an executive with MillerCoors who was facing charges of fraud. The man had participated with others in a scheme from 2003 to 2013 that cost the company over $8.6 million. On May 16, he was sentenced to 46 months in prison. An assistant U.S. attorney on the case asked for a sentence of 64 months. She acknowledged that he was the one who had tipped off prosecutors to the scheme but also said that he had committed "the ultimate betrayal." The man, a former vice-president, had worked his way up through the company.

Prisoners exonerated in 2018 spent 1,639 years behind bars

South Carolina residents have likely read media stories about prisoners who were exonerated after spending years behind bars when witnesses recanted or DNA evidence proved their innocence. The National Registry of Exonerations keeps track of these cases, and its latest annual report reveals that the 151 prisoners exonerated in 2018 were incarcerated for a total of 1,639 years. This works out to about 11 years behind bars per exonerated prisoner and is the highest number observed since the organization began tracking this data in 1989.

Black defendants may face additional burdens in court records

Racial discrimination can affect many aspects of the criminal prosecution, trial and sentencing of people in South Carolina. One often-overlooked aspect of racial disparities in the criminal justice system involves the mistaken recording and understanding of Black English in the courtroom. One study examined court stenographers in Philadelphia, finding that they made errors in two-fifths of the sentences spoken in Black English grammar and accurately paraphrased only a third of the content.

Constitutional issues raised by the information age

Judges in South Carolina and around the country take the protections guaranteed by the Fourth and Fifth Amendments seriously. That's why evidence gathered during warrantless searches or coercive interrogations is unlikely to withstand scrutiny unless the police officers involved have compelling arguments. However, the law has sometimes been slow to respond to challenges raised by new technology. Most cellphones contain extremely sensitive information about their owners, but the degree to which the U.S. Constitution protects this data remains uncertain.

How police are guarding against inaccurate identifications

Scholarly work has suggested that people in South Carolina and elsewhere can make errors when picking a person out of a lineup. In some cases, an individual will pick up on a cue given by a police officer. Research also suggests that a person has a hard time recognizing someone of a different race. Over time, an individual may be manipulated into feeling more confident in his or her choice, and he or she may actually offer testimony at trial.

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William G. Yarborough Attorney at Law
308 W. Stone Avenue
Greenville, SC 29609

Toll Free: 800-469-3658
Phone: 864-326-3026
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William G. Yarborough Attorney at Law