Ken Strutin

September 19, 2005 | Corporate Counsel

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that due process in the Information Age means leveling a dynamic playing field. As courtrooms are being wired for computer access, jurors and litigants are opening the courthouse doors just enough to allow the Internet inside. These online excursions are challenging current notions of fair trial and equal justice.

By Ken Strutin

7 minute read

January 25, 2011 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Social media is an exciting and creative way to connect, share information and build communities. And the Internet is becoming predominant as the marketplace where the daily transactions of life are conducted. Still, one of the neglected ensigns of Internet citizenship is advanced planning.

By Ken Strutin

13 minute read

March 16, 2010 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that online social networking imposes a unique burden on the judicial component of our system. Online profiles are "public" in nature, and the items posted there can raise issues depending on their content and affiliation. And a profile could invite inquiries from the public or litigants about some matter before the court, or potentially convey the wrong impression about the extent of the relationships of any attorney, litigant or expert "friends."

By Ken Strutin

9 minute read

September 27, 2011 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes: Tainted findings can pollute the information stream and mislead researchers and forensic experts. Thus, the problems created by research misconduct raise an important question for the litigator—what measures can be taken to assure the validity of published scientific research?

By Ken Strutin

13 minute read

July 21, 2010 | Legaltech News

Evidence from computer profiling and database analyses deserves a long, hard look before reaching a jury. Attorney Ken Strutin says legislatures and courts need to recognize the right of the accused to contest computer-based identification or to access these resources to prepare a defense.

By Ken Strutin

13 minute read

May 13, 2008 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that in photo comparison identification cases, prosecutors have argued against the science or the appropriateness of biometric evidence. But a defendant has due process and compulsory process rights to present a defense to a critical element of the state's case, identification.

By Ken Strutin

11 minute read

March 16, 2011 | Legaltech News

Most people called to serve on juries regularly use the internet to transact business, conduct research, and carry out daily activities. Jurors can now travel the information autobahn virtually unfettered and the seemingly uncontrollable environment created by social media and smart technology increases the likelihood of mistrials in less than 140 characters.

By Ken Strutin

13 minute read

October 04, 2005 | New York Law Journal

Ken Strutin, director of Legal Information Services of the New York State Defenders Association, writes that defense attorneys are testing new dimensions in the use of DNA, while courts are ruling on the admission of alternate suspect evidence and the timeliness of requests for post-conviction DNA testing. Together these developments illuminate a different kind of defense strategy � using DNA testing to identify an alternate suspect.

By Ken Strutin

8 minute read

January 08, 2008 | New York Law Journal

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that the gold standards of forensic science are losing their luster. Unchallenged for decades, the reputation of fingerprint comparison, bullet matching and like evidence seemed secure. Yet, when challenged by fresh analysis and independent scientific evaluation their status has faltered.

By Ken Strutin

10 minute read

November 11, 2009 | Law.com

Social networking offers an abundance of evidence that may not be obtainable without undercover work. Unfortunately, discovery rules and ethical guidelines are outpaced by the growth of social networks. Attorneys ought to be mindful that case law on this subject is slow in coming.

By Ken Strutin

12 minute read