Worcester Criminal Defense Law Blog

There have been huge advances in DNA testing in clearing hundreds of individuals who were falsely charged with crimes. Sometimes these unfortunate people spent decades behind bars despite their innocence, including the White Sox groundskeeper who was released in 2017. Law enforcement officials in a growing list of states and organizations are now taking steps to reduce the number of false IDs from line-up, including Massachusetts.

Eyewitnesses no longer considered completely reliable

A study of bail judges in the Miami and Philadelphia metro areas reveals that both black and white judges show prejudice against black defendants. The study found that judges were 2.4 percent more likely to rule that a black defendant would be detained rather than be allowed to post bail. If they do get bail, black defendants paid an average of nearly $7,300 higher than white defendants.

Other findings from the study found that judges in Miami were more biased than their counterparts to the north. Additionally, newer judges were more like to use stereotyping than older colleagues. This is not the first study to come to these conclusions.

White Sox groundskeeper Nevest Coleman has recently been the topic of many national news stories. His is an all-too-common story with the twist of a happy ending that includes exoneration. Coleman was working for the White Sox in 1994 as a respected member of the grounds crew.

Coleman was one of three men charged in the death of a woman he found in the basement of the building he lived at in Chicago's South Side. Coleman, who had no criminal record, was interrogated for 12 hours by police and repeatedly claimed his innocence. Coleman initially went to the police to report the death; nevertheless, he was charged and sentenced for 30 years.

Although numerous states across the country prohibit the use of sobriety checkpoints as a deterrent to drunk driving, Massachusetts is not one of them. In fact, as the weather warms up, you are likely to see OUI roadblocks more frequently, at least weekly at some locations in the state.

Many civil rights advocates protest that OUI checkpoints are unconstitutional because they violate a driver's protections against unlawful search and seizure. After all, police stop you without reasonable suspicion and question you without probable cause. However, courts all the way up to the U.S. Supreme Court have upheld the legality of these roadblocks. It is important to be informed or your rights when approaching a checkpoint so you will be aware if officers step over their boundaries.