A picture is emerging of how flawed hair evidence was used to convict people who may have been innocent. In one of the cases, Richard Beranek was convicted and sentenced to a prison term of 243 years. He was found guilty in a rape case where the rape had been committed 130 miles from whereRead More
Author: Kenneth Padowitz, P.A.
Is It Time to Axe Bite-Mark Testimony?
Evidence in Criminal Proceedings Evidence is the mainstay for timely resolution of criminal proceedings. It provides the agreeable stand on which the court—judge(s) or jury—makes convictions and acquittals. Understandably, evidence admitted for consideration exists in different forms. Traditionally, these forms include testimony of witnesses, video and/or image data, and forensic evidence—DNA or bite-mark testimony. HowRead More
Should Kids Be Allowed to Waive Miranda Rights?
Miranda Rights The chances that you have heard a version of the Miranda Rights are high. You do not have to be a crime suspect to have heard it, thanks in part to criminal TV shows and their ubiquitous Miranda warnings read aloud by police officers to criminal defendants as at the time of theRead More
The Connection Between Expert Witness and Ineffective Assistance
Effective Assistance One of the primary appeals of the United States of America and its Constitution is the protection of the fundamental rights of citizens. The Sixth Amendment guarantees certain fundamental rights of all citizens. A few of these rights include fair and impartial trials, a speedy trial without undue delay, a jury of peers,Read More
Corrine Brown Guilty – Fraud & Tax Evasion
Former US Rep. Corrine Brown faces years in prison after a Florida court found her guilty of diverting funds from a charity that were meant for helping poor students. There was no date set for her sentencing. The guilty verdict came after a criminal trial in which prosecutors outlined a narrative of how Brown andRead More
Why DNA is not Foolproof
DNA Evidence To be fair, DNA evidence would go down in history as one the most influential technologies by the criminal justice system. However, its much-touted “infallibility” is falling like a pack of cards in the face of growing technological scrutiny. DNA Evidence is Fallible For the layman, the premise of using DNA evidence isRead More
Arsonist whose lawyer’s pants caught on fire jailed
A Miami arson case that attracted far-reaching media interest after a bizarre incident in court where the defense attorney’s pants caught fire has ended with the arsonist being sentenced to serve 364 days in jail. Little was known about the case outside the Miami courtroom until the lawyer’s pants burst into flames. The defendant ClaudyRead More
Financial Bail: How It Distorts Legal Fairness
Introduction A healthy legal system is one that carries out regular reforms to reflect existing values of the society. Over the last decade, a major issue plaguing the criminal justice system has been the high population of incarcerated individuals, which has led to an overpopulation of the jails and prisons. This is in sharp contrastRead More
The Impact of Criminal Charges on your Driving Privilege
Is driving a right or a privilege? In the State of Florida, driving is considered a privilege and not a right. A person’s driving privilege can be suspended, canceled or revoked for a number of reasons that can include (but are not limited to) failing to pay a ticket, failing to pay child support, orRead More
Can You Break the Law in Virtual Reality?
Virtual reality is now becoming mainstream. What was once a popular topic for science fiction, virtual reality is now becoming – for lack of a better word, a reality. The Oculus Rift, HTC Vive, Microsoft HoloLens, Jaunt, One Plus, Sony PlayStation VR, and Google Cardboard are just a few of the popular VR headsets thatRead More