Brief in Support of Motion to Prohibit [Drug/Alcohol] Testing as Mandatory Probation Condition
This brief argues against mandating regular drug or alcohol testing as a probation condition for a client who does not have a history of substance abuse related to their offense. It is written citing MCL 771.3(11), which requires probation conditions to be tailored to the individual’s assessed risks and needs, but can be easily adapted […]
Amicus Brief in support of extending the ban on mandatory lwop sentences up to age 20 because late adolescents experience significant brain, behavioral, and psychological change similar to adolescents
This brief argues that mandatory life without parole sentences are unconstitutional for people up to age 20 because late adolescents experience significant brain, behavioral, and psychological change similar to adolescents. The brief details brain development occurring from age 18-20 (pp. 3-12), explains how late adolescents are more vulnerable to risk taking and peer influence than […]
Motion to Preclude Consideration at Sentencing of Defendant’s Record of Prior Police Contacts that Did not Result in Criminal Convictions
This ten-page sample motion argues that judges should not consider a client’s record of prior police contacts, including arrests, that did not result in criminal convictions for purposes of sentencing because such records are (1) inherently unreliable/ambiguous and (2) likely to exacerbate existing racial disparities in the criminal legal system. The motion draws on national […]
Motion to Amend Jury Instruction on Defendant’s Right Not to Testify
This sample motion asks the trial court to amend the pattern jury instruction on a defendant’s right not to testify to include possible innocent reasons why a person might choose not to testify. Most pattern instructions improperly “blindfold” jurors by withholding important information about possible innocent reasons why a criminal defendant might not testify, leaving […]
Amicus brief (a) explaining why Shaken Baby Syndrome/Abusive Head Trauma (SBS/AHT) diagnoses are not legitimate, (b) discussing the importance of biomechanical engineering experts in debunking the validity of SBS/AHT, and (c) collecting research about the causes of false confessions and forensic confirmation biases
Pg. 13 – noting that there is no reliable scientific study validating the hypothesis that shaking alone can cause bleeding in the brain and eyes and neurological impairment; accidents can cause these symptoms Pg. 14 – discussing thirty documented exonerations of innocent people wrongfully convicted based on shaken baby syndrome (and in 13% of those […]
Amicus Brief – Interrogation Techniques Contributing to False Confessions
Filed by the American Psychological Association, this brief overviews specific interrogation techniques (maximization, minimization, and sleep deprivation) that contribute to false confessions, as well as research showing that young people are particularly likely to falsely confess.
Brief arguing that an individual sentenced to lifetime electronic monitoring and sex offender registration in Michigan is “in custody” for purposes of establishing federal jurisdiction to hear his habeas corpus petition
Although this is a habeas brief, pages 27-29 (p. 34-36 of the PDF) lay out how lifetime electronic monitoring burdens participation in civic and social life by causing adverse impacts on relationships, decreased psychological well being, and reduced employment opportunities. The data collected in this section could be useful to defenders in sentencing and/or pre-trial […]
Amicus Brief to Exclude Drug Recognition Expert
Pages 1-4 discuss the history and development of the DRE program; pages 6-10 explain how the DRE test fails Rule of Evidence 702 because it does not assist the trier of fact to understand a fact in issue and the officers who testify about it are not qualified in the relevant field of knowledge; and […]
Susceptibility of Adolescents to Influence
p. 18 – 23 incorporate research about the high susceptibility of adolescents to persuasion, especially by police. Amici argues that this makes adolescents more likely than adults to give false information to authority figures. Includes research on how adolescents respond to authority under stress.
False Arrest & Imprisonment Complaint – inaccuracy and racial bias in facial recognition technology
Civil rights complaint about problems with facial recognition technology – pgs. 9-12 collect research about errors with when images are of low quality, angles are different, resolution is bad; pgs. 12-15 collect research showing facial recognition algorithms are racially biased; pgs. 15-16 collect data about jurisdictions that have banned use of facial recognition technology because […]