Criss & Rousseau Legal Issues Blog

An increasing number of business owners in Texas and other states are using facial recognition technology to deter shoplifting. Some shop owners are also creating digital records of people entering their places of business based on collected visual data. Other stores are going a step further and using such data to share captured facial images with other businesses within the same network once someone is identified as a security risk.

While some shopkeepers may welcome facial recognition technology, privacy advocates are concerned about possible overreach. The American Civil Liberties Union has also expressed privacy violation concerns. Furthermore, there are no standard regulations in place governing how accurate this technology has to be or how captured data may be used and shared. Since there are no limits, companies may also capture facial images without letting customers know about this practice.

A growing number of people in Texas and across the country are being exposed to the criminal justice system at an earlier age, researchers found while examining national data. According to the report by the RAND Corporation, younger Americans are 3.6 times more likely to have been arrested as a youth than older Americans. The researchers noted that this large disparity was found when comparing arrest rates before the age of 26 for people 26 to 35 years of age and those over 66. They also noted that the increase in arrest rates may be linked to lower wages, less access to work and lower likelihood of marriage.

The researchers found that white males saw some of the largest increases in arrest rates. While black young men had long been subject to high arrest rates, statistics are showing greater parity over time across racial lines. However, rather than reaching this outcome through a reduction in the arrest rate of black men, it is being reached because more white young people are being arrested. Still, black men were 10 percent more likely than white men to have been arrested by the age of 26.

Juries convene on a daily basis throughout Texas. Prior to being selected, jurors are asked questions to determine if they have beliefs regarding the criminal justice system and whether they can reach a verdict based purely on the evidence given. Many times, a prospective juror who admits to preconceived opinions of the justice system is dismissed for cause.

However, a Massachusetts Supreme Court Justice has ruled a different analysis must be taken before dismissal of a juror. In the case of an African American defendant, a prospective juror was asked if she had an opinion regarding the criminal justice system. She responded that she felt the system was "rigged against young African Americans accused of drug crimes." She based her opinion on her experiences in working with at-risk black males. The court granted the prosecution's motion to dismiss her for cause.

For Texas naval personnel who served in Vietnamese territorial waters during the conflict, additional benefits are now possible. A recent federal court decision opened up a possibility for disability benefits and medical care due to Agent Orange-related sickness.

For many years the Department of Veterans Affairs denied benefits related to Agent Orange exposure unless the vet served on land or in waterways inland. Agent Orange was the main vegetation-destroying chemical used during the war. Since the end of the conflict, thousands of veterans experienced various illnesses that were eventually traced to Agent Orange exposure. Since that time, more than 650,000 vets have received disability benefits for these illnesses. That figure stands to grow substantially due to the court ruling.