Those of us who work in the criminal justice system — whether lawyers, judges, social workers or whatever — are fairly cognizant of the fact that the vast majority of people who get arrested aren’t really a problem for society. Depending on the stats you’re looking at, for something...
Let’s wind up this content-free week with a poll. Criminal defense attorneys are often asked how they can stand to defend people they know to be guilty. But to see just how off-target that question is, go and ask them what they believe to be the most difficult case to...
Well we still haven’t had half a moment to compose something worth reading. So in lieu of an actual post, here’s some more links to stuff. First, we just went through another election. We live in Manhattan, which votes overwhelmingly Democrat, so the results were a foregone conclusion no matter...
No time to post something original today, but wanted to link to some other stuff you might not have seen yet: First, there was an article in this morning’s WSJ by Law Blog author Ashby Jones, with Joann Lublin, called “Critics Blow Whistle on Law.” For those who liked our...
Odds are, if you’re reading this, you’ve lived an admirable life. You applied yourself in school, got a good job, and worked hard to be a valuable member of your community. Through your own efforts, you’ve probably earned a position of respect and responsibility. Maybe you run your own...
The other day, we drew a contrast between the Manhattan DA’s new public integrity unit and the way the feds go after FCPA violations, and some folks asked just what exactly the feds do in these cases. That’s a good question. Especially now, as the FCPA has become a...
As we were coming out of court the other afternoon, we got a call from one of the nice folks over at the WSJ, asking us what we thought about the Manhattan DA’s new Public Integrity unit. We didn’t even know it had been formed — though we had...
The WSJ has an article today called “Y U Luv Texts, H8 Calls: We want to reach others but not to be interrupted.” The sub-headline says it all, really. Despite the loss of context and tone that can be conveyed by an oral conversation, people prefer more and more...
When the police ask if they can come in, SAY NO. It doesn’t always end as badly as this, but it almost always ends badly. When the police (or investigators from a regulatory agency, or any enforcement types) ask you questions, SAY NOTHING. You don’t have to talk to them,...
In more than a dozen years of conducting and observing felony jury trials, at both the state and federal level, we’ve seen enough jury nullification to know it’s a real phenomenon, and not merely anecdotal. We’ve seen jurors refuse to convict the most obviously guilty defendant, because they felt sorry...
Last month, we wrote a piece here on reasons why innocent people wind up confessing to crimes they didn’t commit. It’s a horrible thought, yet it happens far too often. (For tips on defending cases involving a confession, see our CLE lecture over at West Legal Ed Center.) Anyway, there’s a...
The Criminal Lawyer celebrated its second birthday this week. It’s not the biggest milestone in the world — nor is it particularly remarkable — but even so, we’re quietly proud. We get a kick out of writing this stuff. Whether it’s something silly like reporting that a new TV series...
The blawgosphere was atwitter recently over that Kentucky murder trial where the defendant had confessed, but claimed it was a false confession, due to “sleep-deprived psychosis” from drinking too much coffee. The jury didn’t buy it (here’s a short article on it). Did that case remind anyone else of this...
The Supreme Court is back in session on Monday, and we’re not ashamed to admit that we’re excited. As always. And they’re starting off the argument season with a bang — a critical issue on federal sentencing of gun crimes. Can’t wait. The case is actually two cases, Abbott v....
Another good post by Mark Bennett today over at his blog “Defending People,” entitled “Today Only?” He recounts the plea-bargaining tactic some prosecutors use, attempting to force a plea by saying the offer is only good that one day, and won’t be offered again. Did the words mean what they...
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