Attn Public Defenders: Social science says distance from the jury contributes to bias against your client. Check out @umichlaw.bsky.social's #DataforDefenders database for a sample motion to help you move your client closer to the jury. #PublicDefenderTwitter #D4D datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders motions to compel discovery about & suppress evidence obtained through Flock's AI-inspired license plate reader technology. These motions explain why Flock-obtained data is not reliable and needs to be challenged in court. datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief argues that funding for and admission of an antiracism expert witness is necessary to ensure fairness and due process in many criminal cases: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief argues that evidence that a defendant has a substance abuse problem is improper lay opinion testimony, impermissible character evidence, and unfairly prejudicial: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders 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. Check it out: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief arguing that gender-based trauma is essential mitigating evidence for sentencing and explaining how courts should use it: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland because of high error rates. datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief arguing that even frequent drug use does not necessarily indicate a substance abuse disorder and should not be treated as if it does in family and/or criminal proceedings: www.datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief explaining that individuals w/intellectual disabilities have reduced culpability & should be treated at sentencing similar to juveniles, including banning mandatory life without parole www.datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief argues mandatory life without parole is unconstitutional for 18-20 year olds, citing brain development research showing their brains & decisionmaking are like younger kids. Useful for all sentencing args about young adults. www.datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders Daubert motion challenges scientific reliability of shaken baby syndrome testimony. It describes history of SBS, shows how biomechanics undermine it, & how triad of symptoms used to diagnose it can have non-abusives causes. www.datafordefenders.org
New #DataforDefenders motion to discount ShotSpotter alerts in reasonable suspicion analyses relies on research from NYC, Chicago, Houston & Dayton to argue that alerts are unreliable, rarely lead to discovery of gun-related crime or weapon use, & are unparticularized. www.datafordefenders.org
New #DataforDefenders motion arguing for diversion to restorative justice programming in lieu of traditional sentencing. The motion explains restorative justice, cites research that it reduces recidivism, and argues it works even in the absence of victim participation. www.datafordefenders.org
New #DataforDefenders motion for jury instructions about fingerprint evidence that argues for playing an informational video before testimony and giving a reason-based judicial instruction with factors for jurors to consider when deliberating. www.datafordefenders.org
New #DataforDefenders motion arguing that, when govt must prove prior conviction as an element of offense, trial should be bifurcated into two phases with first phase about non-prior-conviction elements and second about prior-conviction element. www.datafordefenders.org
This is a huge problem. Defenders can find a motion to challenge police reliance on “blading” on the #DataforDefenders website: www.datafordefenders.org
New #DataforDefenders amicus brief arguing for exclusion of firearm and toolmark identification evidence that attempts to match a gun with bullets or casings found at a crime scene. www.datafordefenders.org
New #DataforDefenders motion challenging a forensic child abuse investigator’s attempt to bolster a child complainant’s credibility in a sexual assault case through testimony about Child Sexual Abuse Accommodation Syndrome (CSAAS). www.datafordefenders.org
New #DataforDefenders motion argues statements like "I think I want a lawyer" should be understood as clear invocations of Miranda right to counsel based on empirical research about what reasonable people understand. Also argues that officers should have a duty to clarify. www.datafordefenders.org
New #DataforDefenders motion to suppress evidence obtained b/c of suspicionless police order commanding driver to get out of car during routine traffic stop. Research shows there is no risk of danger to police during routine traffic stops. www.datafordefenders.org
