The Law Office of Robert D. Anderson, PLLCFormer Chief Prosecutor Of Loudoun County
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Criminal Defense Archives

More young adults being arrested than in previous decades

The current generation of young adults living in Virginia and across the U.S. are significantly more likely to be arrested than young people from previous generations, according to a new study by the nonprofit RAND Corporation. The study was published in the journal Crime & Delinquency.

How local vernacular could play a role in Virginia court cases

As the systemic biases in the criminal justice system have come under increased scrutiny, questions have arisen regarding the importance of dialect. A recent linguistics study found that 27 stenographers made errors in two out of every five sentences when presented with Black English grammatical patterns. Moreover, the stenographers were only able to paraphrase one in three sentences.

Alternatives to prison make society safer

The incarceration rate in Virginia and around the country has fallen from 1,000 prisoners per 100,000 adults in 2008 to 830 prisoners per 100,000 adults today. This has been largely accomplished by local authorities adopting a more proactive approach and focusing on rehabilitation and reducing recidivism. However, more than 2 million people still remain incarcerated in state detention facilities, and the recently passed FIRST STEP Act does not offer them any relief.

The law catching up to a new digital age

Over the past few years, digital privacy and security have been an issue that has been a hot topic, resurfacing in the media time and again. With that in mind, the citizens of Virginia might be interested to know that a Californian judge just issued a historic ruling that has the potential to be a landmark decision: The judge ruled that the government does not have the right to force individuals to unlock their phones using their biometrics, including the individual's face, fingerprint, or iris.

The First Step Act and sentencing reform

Criminal justice issues and sentencing reform have garnered a great deal of attention in Virginia and across the country. An unlikely coalition is supporting one bill in Congress to address some of the problems that have tainted the system, the First Step Act. The bill has bipartisan support and is backed by, among others, the American Civil Liberties Union and President Trump. Despite presenting only a modest reform agenda that fails to address many of the key concerns raised by justice reform advocates, opponents of the bill have continued to say that its adoption presents a threat to safety.

How the First Step Act could affect defendants

Criminal justice reform is a major concern to many people in Virginia, especially those dealing with drug convictions. After years of criticism about the ways disadvantaged groups are treated, the First Step Act is being considered in Congress. The bill is backed by an unusual alliance of supporters, including President Donald Trump and some law enforcement groups as well as the American Civil Liberties Union and other longtime justice reform advocates.

Critics call ankle monitors unfair, costly and dangerous

At times, authorities will attach electronic monitoring systems to parolees or people awaiting trial in Virginia. Two men heading the Challenging E-Carceration Project have researched the negative aspects of ankle monitors and the excessive punishment that they place on people, especially those who have not yet been convicted of a crime.

Cellphone location information receives greater protection

People in Virginia could have greater privacy protections after a U.S. Supreme Court decision requiring law enforcement agencies to obtain a warrant in order to access location information for a person's cellphone. The June 2018 decision is based on the Fourth Amendment, protecting people's rights to be free of warrantless search and seizure. There have been a variety of mixed rulings on how the Fourth Amendment applies to modern technologies, but experts say that this ruling could be among the most significant.

Up to 6 percent of prisoners may be wrongfully convicted

The criminal justice system may be far less reliable than many Virginia residents expect. Many people are aware of some of the famous exonerations for serious crimes, especially on the basis of DNA. These cases generally concern capital crimes such as rape or murder.

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