Tagged: prosecutorial misconduct

Manhattan D.A. has problems. This may be why.

This morning’s WSJ has a short article with a long headline, “Manhattan DA Is Put on Defensive: Vance’s about-face on bail in sexual-assault case follows two high-profile court defeats for office.”  The blurb from the website’s front page summarizes the story pithily: “The newly surfaced problems in the sexual-assault prosecution...

Study Finds Rampant Prosecutorial Misconduct in California

The Northern California Innocence Project at Santa Clara University School of Law has released a troubling study of prosecutorial misconduct in California.  The report, “Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009,” opens by pointing out that of course the majority of prosecutors behave ethically, but then it...

Federal Sentencing: A Long Way to Go

Tonight, we attended a panel discussion on federal sentencing that was actually worth commenting on. Usually, these things are either so basic or insubstantial as to be a waste of time. But this one had a few choice moments we’d thought we’d share with our readers.

The panelists included John Conyers (Chairman of the House judiciary committee), William Sessions (Chair of the U.S. Sentencing Commission and Chief Judge of the District of Vermont), Jonathan Wroblewski (policy director for the DOJ, among other things), Alan Vinegrad (former US Atty for the EDNY and now a white-collar partner at Covington), Tony Ricco (mainstay of the federal defense bar), and Rachel Barkow (NYU professor, didn’t speak much). It was moderated by Judge John Gleeson of the EDNY, and we recognized in the standing-room-only audience a number of distinguished jurists and counsel.

Everyone seems to agree that the Guidelines are in need of a major overhaul. As Judge Gleeson put it, “when even the prosecutors are saying that sentences are too severe… the sentences are too severe.”

But not everyone agrees on what changes ought to be made, how drastic the changes ought to be, or even what’s causing the problems in federal sentencing.

Here’s the take-away: Everyone knows what the right thing to do is. Judges want to do the right thing, regardless of what the Guidelines say. The DOJ forces its prosecutors to do what the Guidelines say, regardless of what they think is just. Congress is incapable of doing the right thing, in its efforts to pander and blame rather than solve. And the Sentencing Commission is afraid to be independent of Congress, preferring instead to make baby steps toward eventually maybe doing the right thing.

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For as long as we’ve been practicing law, everyone has been complaining bitterly about …

Conviction Rates Matter

On Sunday, the Philadelphia Inquirer published a lengthy article on that city’s abysmal conviction rate for violent crimes. For every three violent-crime arrests in Philadelphia, only one results in a conviction. There are a lot of worse-sounding statistics in that article, but they’re completely meaningless, as they refer only to...

We’re Back, Did Ya Miss Us?

Finally, the trial that would. not. end. is over. Three weeks to try a case that should have taken no more than five days. In the case that just would not end, either. The arrest was more than three years ago — that’s plenty long to have a felony case...

Yet More Prosecutorial Misconduct by the Feds

We’ve asked it before, but what the heck is going on with some of these federal prosecutors nowadays? There was the whole Ted Stevens fiasco over the winter, when the feds actively withheld exculpatory evidence and witnesses in their rush to convict the former Senator. Then the 7th Circuit directed...

Food Fraud Prosecutors Caught Selling Snake Oil

Judge Posner issued a scathing decision yesterday for the 7th Circuit, reversing a jury’s fraud conviction and directing an acquittal. Why? Because the only fraudulent misrepresentations were those of the prosecutor. The decision is great, and we plan to use some of it in our own future arguments. Sadly, it...