With Justice For All
 
In This Issue - Vol 2, No 1 (Summer, 2000) Hung Jury in Futrell Case
Legislative Update Officer Smith Convicted
Officer Cooperstein Acquitted Chairman's Letter
 

Legislative Update

 
Here are several important legislative measures that have been introduced in Congress. Let your Congressman know what you think about them.

POLICE OFFICERS' BILL OF RIGHTS
Congressmen Jim Ramstad (R-Minn) and Bob Barr (R-Ga) have introduced separate bills that would establish specific procedures for internal police investigations, interrogation of law enforcement officers, and administrative proceedings leading to the discipline of policemen. The police unions support the bills, while the police chiefs and administrators oppose them. Congressman Barr's bill is less comprehensive and thus stands a better chance of passing.

ASSET FORFEITURE
It is has been standard procedure that proceeds and instruments used to commit crimes are confiscated by law enforcement officials. This is especially applicable to criminals who engage in drug trafficking and money laundering. Recently, there have been cases in which otherwise innocent people have been deprived of property (for instance, a driver of a car who did not know that his passenger was carrying drugs). This has prompted Congress to propose laws necessitating a higher burden of proof before assets are seized, in addition to a five-year statute of limitations for citizens to make claims, and the elimination of bond procedures.

ENCRYPTION
Telecommunications systems have been increasingly used by technologically advanced criminals to mask their activities by using encryption techniques which prevent anyone from looking at computer-generated information. Under the proposed Cyberspace Electronic Security Act, authorized law enforcement agencies could obtain search warrants and surreptitiously procure decryption keys to computer codes, all without notifying the suspect of the investigation. This highly controversial legislation is being opposed by privacy groups.


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  EXCLUSIONARY RULE REFORM
Over the past 25 years, many cases have been lost when evidence was suppressed because police did not follow the technical requirements of the Miranda decision or of a search warrant, even though the investigation was otherwise carried out in good faith. The proposed 21st Century Justice Act of 1999, introduced by Senator Orrin Hatch (R-Utah), would place into law the "good faith exception," which would allow the court to hear and see evidence gained in cases where the investigations were carried out in conformance with the Fourth Amendment of the U.S. Constitution.

VICTIMS' RIGHTS
This is a proposed constitutional amendment that would guarantee violent crime victims the following rights notification of all public proceedings, a chance to make statements at sentencing, notification of a criminal's release from prison, participation in parole proceedings, and restitution for losses due to the crime.




VIDEO AND BOOK
The Law Enforcement Legal Defense Fund needs your help to continue to support police officers in need. To show our appreciation for your tax-deductible donation, if you contribute $50 or more you can choose one of these gifts:

1) the 60-minute video, "The Rodney King Incident: Race and Justice in America"; or

2) the 196-page book, Cops Under Fire (Regnery Publishing Company, 1999) by Larry McShane, which includes case histories of many policemen who have been unfairly prosecuted for doing their job.

Contribute $100 and get both gifts.

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