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When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
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The Massachusetts Supreme Judicial Court’s decision in Commonwealth v. McFarlane limits the definition of exculpatory evidence by categorizing pending misconduct lawsuits as “unsubstantiated,” depriving defendants of due process. This ruling undermines public trust in the criminal justice system by failing to enforce transparency, essential for accountability and preventing misconduct within prosecutorial teams.
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FIRST CIRCUIT’S INCORRECT RULING IN ALASAAD V. MAYORKAS: HOW THE FOURTH AMENDMENT’S BORDER SEARCH EXCEPTION SHOULD APPLY TO ELECTRONIC DEVICES
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Introduction As it currently stands in the First Circuit, individuals traveling through the United States’ borders may have their electronic devices searched at any time. The Fourth Amendment protects all individuals from unreasonable searches and seizures, meaning probable cause and a warrant are generally required before conducting a search or seizure. However, numerous exceptions to…
