New move to avoid ID errors in criminal cases

Rochester (NY) Democrat & Chronicle:

A spate of exonerations in recent years has revealed the weaknesses of memory and witness identification. Of the 289 people exonerated nationally by DNA evidence over the past quarter-century, about 75 percent were wrongly identified by witnesses....

Local police agencies say they have embraced change. They've revised policies within the past two years to match improved identification guidelines from the state District Attorneys Association and the Division of Criminal Justice Services, or DCJS. They've also trained officers to ensure that communications with witnesses are not leading, and encouraged police to actually position themselves out of sight of a witness viewing a photo array so there are no unintended signals....

Still, some say more can be done to eliminate human error or intentional or unintentional directions from police to eyewitnesses....

A New York task force, created by Court of Appeals Chief Justice Jonathan Lippman, has studied the core causes of wrongful convictions and plans to push legislation to tackle the common issues, such as misidentification and false confessions....

New York's Good Samaritan Law Takes Effect

New York State's Good Samaritan law is now in effect.

The law is designed to curb accidental deaths from overdoses. It encourages witnesses or victims of alcohol or drug overdoses to call 911 for emergency assistance. The law provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

Supporters of the law say victims or callers will be protected from being charged or prosecuted for drug or alcohol possession. According to them, most overdose deaths are preventable if they get immediate help, and the primary reason people do not call for assistance is a fear of getting arrested.

More on the law can be found here.

Texas Man Kicked Off Jury For Trying To 'Friend' Defendant

AOL News:

A North Texas juror got an unfriendly reaction from a judge after he tried to 'friend' the defendant on Facebook....

Jonathan Hudson pled guilty to four counts of contempt of court as a result of his actions, which his lawyer described as a "silly mistake"....

In 2009, the New York Times wrote a piece about the ways in which the Internet has contributed to a several mistrials across the country.

Federal courts again experiment with allowing cameras

From the Citizen Media Law Project:

The program, which was approved by the U.S. Judicial Conference last year and allows court-operated cameras to cover civil proceedings in 14 federal trial courts, is just the latest chapter in the long saga on the question of camera coverage of federal trial courts.

This is not the first time that the federal courts have experimented with camera coverage of their proceedings. From 1991 through 1994, the federal courts conducted a limited test of camera coverage of civil trials in eight federal district courts, which led to a recommendation that federal courts allow televised proceedings. But the Judicial Conference -- which sets policies for all federal courts except the U.S. Supreme Court, which sets its own rules -- rejected this recommendation, concluding in 1994 that “the intimidating effect of cameras on some witnesses and jurors was a cause for serious concern.”

The Judicial Conference then relented a bit, deciding in March 1996 to allow each federal Circuit to decide the issue for itself and the district courts in its geographic area, while strongly urging the Circuits to follow the Conference’s 1994 policy.

Report: Affinity frauds increase in economic downturn

From the New York Post:

Maybe it's the bad economy. Maybe it's people's desire to look past Wall Street and invest with someone they believe they can trust.

But whatever the reason, swindles of friends by friends are on the rise -- so much so, that prosecutors have coined a separate name for it: Affinity frauds...Savvy people who would never dream of investing with a cold-call telephone huckster will hock their homes and ruin their credit for a "friend" with an honest face and a good idea....

Many “friendly” business offers are legitimate. However, even a legitimate business deal can go sour if one or both parties do not realize what they are getting into.

The best way to avoid fraud, or other legal complications, is to consult a qualified attorney of your own choosing before entering into any contract or making any sizeable investment, even with a friend or family member.