Showing posts with label evidentiary concerns. Show all posts
Showing posts with label evidentiary concerns. Show all posts

Tuesday, April 7, 2015

Protect the Children or Protect the Defendant?

In October 2014, the Supreme Court agreed to hear an appeal of the Ohio Supreme Court’s decision, in State v. Clark, to overturn a man’s convictions for child abuse.  The Court will have to decide two issues in the case: whether a mandatory reporter of child abuse acts as an agent of law enforcement for the purposes of the confrontation clause, and whether admission at trial of a child’s hearsay statements made to his teachers violates a defendant’s sixth amendment right to confront the witnesses against him.

The case arose after a preschool teacher noticed whip-like marks and other injuries on one of her three-year-old students at school.  After asking the three-year old some questions about the marks, she got the other teachers involved, and they came to suspect that the child had been abused.  Some of the child’s answers to the teachers implicated his mother’s boyfriend, Mr. Clark, as the abuser.  One of the teachers, in accordance with her mandatory duty to report child abuse, called the child abuse hotline and child protective services investigated the matter.  Mr. Clark was later arrested for child abuse and at trial, the court found the three-year old incompetent to testify, but permitted his teachers to testify to the child’s statements.  Mr. Clark was convicted of four counts of felonious assault, two counts of child endangering resulting in serious physical harm, and two counts of domestic violence, and was sentenced to 28 years in prison.

Friday, March 13, 2015

Combating Drugged Driving: Drug Recognition Experts


In February 2015, the Hagerstown Police Department in Hagerstown, Maryland, received its first Drug Recognition Expert (DRE), adding to the ranks of over 7,000 DREs already credentialed.  There are certified drug recognition experts in all fifty states and the District of Columbia, with more being trained annually.  While the number sitting alone may seem large, the figure barely registers in comparison to the 765,000 sworn law enforcement officers reported to work for approximately 18,000 state and local police agencies in 2008 (statistics for 2012 have yet to be released—another census will not be performed until 2016).  Yet, these specialized officers, having undergone intensive training, serve an important role within their departments by assisting to identify and arrest drug-impaired drivers.