- Radley Balko begins a four-part series on the flawed science of bite mark analysis [parts one, two with Jim Hood angle]
- Federal judge Jed Rakoff “quits commission to protest Justice Department forensic science policy” [Washington Post]
- Disturbing, but, to those familiar with the false-memory literature, not all that surprising: “People Can Be Convinced They Committed a Crime That Never Happened” [Psychological Science on new research]
- Exposure of faulty fire forensics leads to another release after long time served [WHP, Harrisburg; James Hugney Sr. “maintained his innocence throughout” nearly 36 years in prison following conviction in burning death of sleeping son]
- Courts struggle with evidentiary significance of emoji [Julia Greenberg, Wired] Rap music as gang-tie evidence: “The only value it has is to scare the hell out of white juries, and it’s effective” [ABA Journal]
- Supporters of Brian Peixoto say his Massachusetts conviction typifies problems of shaken baby forensics [Wrongful Conviction News]
- “Allegations that NYPD cops may have planted evidence, perjured themselves and engaged in cover-ups while investigating gun cases.” [New York Times via Balko; NYDN 2011 flashback]
First a house fire killed Cameron Todd Willingham’s three tiny daughters. Then the state of Texas killed him. Mistakes were made, notes the Washington Post. The forensics testimony on accelerants has long since been discredited, and now the jailhouse informant whose words sent Willingham to execution, who has wavered between recanting and not-recanting, has given a recantation with much more circumstantial detail about the lies he says he told on the stand.
Here’s a Texas Monthly article (linked a while back) on the unsettling history of arson forensics over many years, in which the use of accelerants was deduced from dubious evidence in such a way as to shift many fires from the “likely accidental” to the “deliberate” category, with dire legal consequences for family members and others on the scene. Earlier on the Willingham case, including pro-prosecution links, from five years ago. More: Jonathan Adler.
- Cop caught on camera stealing dying motorist’s $3700 and gold crucifix “walked out of courtroom with big smile on face” [Bridgeport; Connecticut Post]
- Durham, N.C. police officer testifies department would illegally gain access to homes for purposes of search by lying about getting 911 calls [IndyWeek]
- “California Highway Patrol Seizes Medical Records Of Woman An Officer Was Caught On Tape Beating” [Tim Cushing, TechDirt]
- Drivers routinely expected to give up otherwise-basic civil liberties in exchange for right to use the roads [Michael Tracey, Vice]
- Teen sexting prosecutions in Virginia and elsewhere: “We must destroy the children in order to save them” [Radley Balko]
- Narcotics officers get training credit at tax-funded seminars in how to argue in favor of drug laws [Missouri pro-legalization site via Balko]
- Back from the ashes: advances in fire and arson forensics cast doubt on earlier convictions [Texas Monthly]
Following the rules wherever they lead? The newly installed alarms did promptly catch a guest smoking in a cleaning closet. [Independent]
The other day the Chicago Tribune documented a longstanding campaign (see Friday link) to get government bodies to adopt standards requiring flameproofing of furniture upholstery, carpets and other household materials. Turns out key actors in that campaign were companies that make the chemicals used in flameproofing, which thereby guaranteed themselves a giant market for their products, as well as cigarette companies that worried that they would face regulatory and legal pressure over fires caused by careless smoking and decided to pursue a strategy of turning the issue into someone else’s problem.
Unfortunately, according to the Tribune series, the supposedly flameproof furnishings 1) aren’t necessarily very good at reducing fire risk and 2) are doused with chemicals that one might not want rubbing off on one’s family and pets. That’s aside from the regulations’ obvious cost in making furnishings more expensive and narrowing consumer choice by excluding producers unable or unwilling to use the chemical treatments. Whether or not you accept the series’ interpretation in all respects — the authors tend to taken an alarmist line, for example, on the chemicals’ environmental dangers — it’s useful as reminder #83,951 that government regulation often is driven by motives quite different from those advertised, and in particular by business lobbies whose interest is frequently squarely opposed to laissez-faire.
On Sunday, Times columnist Nicholas Kristof, criticized lately in this space for his views on supposed Big Beer responsibility for Indian reservation alcoholism, addressed the flameproofing story in his column. After reciting the controversy — laying a particular emphasis on chemical alarmism, long a specialty of his — Kristof concludes as follows:
This campaign season, you’ll hear fervent denunciations of “burdensome government regulation.” When you do, think of the other side of the story: your home is filled with toxic flame retardants that serve no higher purpose than enriching three companies. The lesson is that we need not only safer couches but also a political system less distorted by toxic money.
Which affords James Taranto of the WSJ’s “Best of the Web” this response:
The guy is so blinded by ideology that he fails to notice he has just given an example of burdensome government regulation.
- Very silly Common Cause suit against Senate filibuster [Adler, Doug Mataconis, Jack Shafer (Filibuster unconstitutional? “Yes, but only when the GOP has the majority.”)]
- More on football concussion lawsuits [Will Oremus, Slate; Gerard Magliocca, Concurring Opinions; earlier] More: Dan Fisher/Forbes.
- Phrase I’ve heard before: Niall Ferguson says U.S. beset by the “rule of lawyers” [Business Insider]
- “I have filed over a hundred lawsuits and another one will be no sweat for me. On the other hand, it will cost you a lot of time and money[.]” One blogger’s prolonged legal ordeal [“Aaron Worthing,” Allergic2Bull and summary version] Plus: Ken/Popehat;
- Louisiana land-taint suits: “maybe I’m just going to contend the oil companies did it, not the salt domes” [Lachlan Markay, Heritage, earlier]
- Kansas differs from SCOTUS on legality of resale price maintenance. Will it make policy for the other 49 states? [Ted Frank] New Federalist Society project on state courts and how they’re picked;
- A lot of lobbying went into that government-prescribed “flame-resistant” furniture [Chicago Tribune]
“Philip Morris Not Liable for Fire Started By Cigarette” That title says it all, except for the part about it taking eight years for the defense to win a summary judgment. [Nick Farr, Abnormal Use]
- “Sexting” Wisconsin prosecutor to resign [AP, AtL] Was bar discipline too lax? A contrarian view [Esenberg]
- Update: jury finds “caffeine killer” guilty in wife’s death [CBS, earlier]
- Not an Onion story: “New Orwellian Tax Scheme in England Would Require All Paychecks Go Directly to the Tax Authority” [Dan Mitchell, Cato]
- “The Fight Over Fire Sprinklers in New Homes” [Popular Mechanics via Fountain, earlier]
- Pre-Miranda interrogation of (no relation) Jimmy Olsen [another legally-themed comic book cover from the series at Abnormal Use]
- Slow customer service at pizza restaurant deemed “sabotage” in employment suit [Fox, Jottings]
- Website offers defendants’ perspective on some of the Enron prosecutions [Ungagged.net via Kirkendall]
- Pedestrian killed by out-of-control driver, and jury awards $37 million against California municipality for not having built sidewalks [six years ago on Overlawyered]