UNC School of Government Criminal Law blog post by Jeff Welty from June of 2011 about the voluntary intoxication defense in North Carolina.
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Resources
Voluntary Intoxication, Mental Capacity, and Defensive Force: Eight Principles on Instructing the Jury
John Rubin, Professor of Public Law and Government at UNC School of Government authored this document in June of 2011.
North Carolina Civil Commitment Manual: Chapter 7, Automatic Commitment–Not Guilty by Reason of Insanity
Chapter 7 of the North Carolina Civil Commitment Manual (2nd Ed. 2011) focuses on insanity and provides information specific to North Carolina for defense attorneys about the legal effect of a Not Guilty by Reason of Insanity plea, the legal definition of insanity, the offenses affected, and the burden of proof.
North Carolina Civil Commitment Manual: Chapter 8, Commitment of Defendants Found Incapable of Proceeding
Chapter 8 of the North Carolina Civil Commitment Manual (2nd Ed. 2011) focuses on incapacity to proceed and includes a helpful capacity and commitment flowchart in Appendix 8-1.
Review of the FBI’s Progress Responding to the Recommendations from the Mayfield Case
Five years after issuing recommendations regarding the fingerprint misidentification in the Mayfield case (March 2006), this report by the Office of the Inspector General examines the FBI’s progress implementing the recommendations. …the FBI Laboratory has adopted other measures intended to reduce the risk that an examiner’s ‘gut’ reaction might lead to an incorrect conclusion, including …
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People v. Jabrocki
79th District Court for the County of Mason, Michigan – May 6, 2011 opinion holding that “calculation of an uncertainty budget or error rate and the reporting of the same is an essential element of the scientific methodology for analyzing blood alcohol content using gas chromatography” and denying the prosecution’s Motion to Admit the blood …
City of Kent v. McDaniel
May 4, 2011 Order Suppressing Defendant’s Breath-Alcohol Measurements in the Absence of a Measurement for Uncertainty
Handler beliefs affect scent detection dog outcomes
Lisa Lit etal, 14:3 Anim Cogn 387(2011) – researchers evaluated eighteen drug and/or explosive detection dog/handler teams to determine how human beliefs affect detector dog outcomes.
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Serology Evidence (Blood, Saliva, Semen, etc.) (2011)
NCAJ Webinar on crime scene investigation and serology evidence by Marilyn Miller.
Serology Evidence (Blood, Saliva, Semen, etc.) (2011)Read More
Crime Scene Forensic Evidence Collection Guidelines For Defense Attorneys
by John Louis Larsen and Daniel K. Harris, The Champion (NACDL) 28-35 (October 2011). A guide for defense attorneys for assessing whether law enforcement followed standardized evidence processing and collection guidelines, as per those promulgated by the FBI and DOJ.
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The Child Cases
PBS Frontline, ProPublica and NPR investigation from June 28, 2011 on sudden child deaths and the scientific research that has shown that investigations have been mishandled by medical examiners and coroners. This link contains a 30 minute documentary that can be watched online as well as articles and interviews on the topic
Science-Dependent Prosecution and the Problem of Epistemic Contingency: A Study of Shaken Baby Syndrome
Law review article by Deborah Tuerkheimer that describes the trajectory of Shaken Baby Syndrome in criminal courts and critiques how criminal justice evolves in the wake of scientific change.
Aleman v. Village of Hanover Park
662 F.3d 897 (2011). 1983 claim where 7th Circuit Court of Appeals recognizes an interim lucid period between shaking and collapse
Forensic Sciences Act
Signed into law by Governor Beverly Perdue on March 31, 2011. Sections 1-5 and 7-11 became effective when the act became law. Section 6 (Ombudsman position) becomes effective on July 1, 2011.
State v. Boozer, 210 N.C. App. 371 (2011)
NC Court of Appeals found the trial court properly denied the defendant’s motion to suppress asserting that an eyewitness’s pretrial identification was unduly suggestive and found no violation of the EIRA where the eyewitness identified the defendant by looking through the pages of The Slammer newspaper.