BAD Forensics report

Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

When forensic evidence is presented in the courtroom, there is a general assumption that “if it is scientific, then it must be true.” The reality is much different. Witnesses in white lab coats are much easier to believe than the defendant who has already been stigmatized simply by being charged.  Most jurors are inclined to…

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Bad lawyer

Top 6 Causes for Wrongful Convictions (Part 2) — Bad Lawyers

Honestly, there should be lemon laws against lemon-like lawyers. It happens all too often. Bad lawyering or inadequate counsel accounts for at least 23% of innocent people ending up in prison or even on death row, for crimes they did not commit, according to the Innocence Project. Sloppy defense is a disgrace to an American…

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Court gavel

Forced Blood Draws are Ruled Unconstitutional by SCOTUS

A few months ago, the Supreme Court of the United States considered the question whether states may attach criminal penalties on a diver who refuses to submit to a blood or breath test to measure the blood alcohol concentration level during a DUI arrest. For Birchfield v. North Dakota case, the Court wanted to know in…

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Top 6 Causes for Wrongful Convictions (Part 1) — Snitches

The criminal justice system is not infallible. Actually far from it.  Innocent people do go to prison as a result of perjury, faulty eyewitness identification and prosecutorial misconduct. It is the ultimate miscarriage of justice — the taking away of the freedom of a factually innocent person while also allowing the guilty person to remain…

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Nurses and DUI

One common question we get from nurses charged with a DUI is “Will I lost my license to practice?” This depends on your disciplinary and criminal history as well as a number of procedures which need to be followed. At The McShane Firm, we represent a lot of professionals who need to protect their careers. …

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MIS-CALIBRATED BREATHALYZER MACHINE PROBLEMS

Mis-calibrated Breathalyzer Machine Problems in PA

One of the main problems with DUI breath testing is that individual police departments are responsible for making sure the machines are working properly.  There are no checks and balances. Imagine a restaurant conducting its own food and health inspections.  It makes no sense.  Well then why does it make sense for the police to…

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