Ken Strutin

January 13, 2009 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: We are approaching a point when forensic neuroscience will have as much impact as DNA does today. Revelations from ground-breaking research into the neural mechanics of decision makers will have an untold impact on criminal justice theory and policy. The law is replete with value laden principles and assumptions that might have to be reconsidered in light of how thought processes actually work. Meanwhile, there are many practical and well-established applications of neuroimaging techniques that can have a profound effect on issues being litigated today.

By Ken Strutin

13 minute read

September 09, 2008 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, discoveries and advances in forensic science, most notably DNA profiling, have given new life to post-conviction claims of actual innocence. The first hurdle is getting access to or just locating the evidence to be examined, then applying the latest testing protocols. But these are only preliminary steps to a motion that challenges the accuracy and fairness of a conviction.

By Ken Strutin

11 minute read

May 09, 2006 | New York Law Journal

Ken Strutin, the director of legal information services for the New York State Defenders Association, writes that blogs are providing leads in criminal investigations and starting to be used as evidence at trial. Their impact on criminal procedure must be judged by constitutional and evidentiary principles rooted in a print world. Can an e-journal be authenticated in the same way as a diary entry? What weight should blog statements be given? Can they support an application for a search warrant?

By Ken Strutin

9 minute read

September 28, 2010 | New York Law Journal

Ken Strutin discusses the necessity of due process when criminal cases involve online forums such as Facebook and MySpace, since these sites can sway courts with differing pictures of the person appearing for sentence.

By Ken Strutin

10 minute read

October 31, 2007 | The Recorder

Instant messages, with their issues of authenticity and identification, add a new wrinkle to e-discovery.

By Ken Strutin

10 minute read

July 12, 2005 | New York Law Journal

Ken Strutin, director of legal information services for the New York State Defenders Association, writes that one of the benefits of legal search technology is the power to discern patterns that are difficult or near impossible to see in print. Online research empowers defense attorneys to ferret out cases in creative ways and delve into legal problems through unprecedented access to appellate briefs and filings.

By Ken Strutin

8 minute read

May 13, 2005 | Legaltech News

For decades, the science of lie detection has been rooted in the measurement of physical responses to questioning. Now, neuroscience is making inroads into the workings of the human brain. This approach promises to unmask pretense and prevarication by mapping the machinations of the mind. Lie detection tools, new and old, can perform a critical function for the defense, too -- helping to convince prosecutors and judges of a client's innocence.

By Ken Strutin

9 minute read

July 27, 2004 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, finds that an intense re-examination of sentencing laws has stimulated the legal Internet community to create highly focused resources.

By Ken Strutin

5 minute read

March 11, 2005 | Legaltech News

Depending on how it's used in court, a computer-generated slide show can sometimes draw attention away from the case by becoming an issue in the case. PowerPoint and similar technologies have the potential to create high-quality demonstrative evidence without too much expense or effort. But as slide shows' applications at trial broaden, the popular tool poses new kinds of evidentiary challenges.

By Ken Strutin

7 minute read

January 27, 2011 | Corporate Counsel

One of the neglected ensigns of Internet citizenship is advanced planning. When people die, there are virtual secrets that follow them to the grave — the last refuge of privacy in a transparent society.

By Ken Strutin

12 minute read