Category Archives: Criminal Law

That Defendant Gates Is Looking for a Lawyer Can Only Mean that a New Conflict With Manafort has Now Become Clear

This is really weird.  A defendant in a very high profile case, Gates, goes into court today essentially without a lawyer and has a public defender stand up for him on a very short term basis.  Its not a cost … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Dept. of Justice, Federal Courts, Legal Aid, Legal Ethics

A Small Caution for Trump on the Pardon Power With Respect to Federal Contempts

It does appear to be good law that even Federal Court criminal contempts are pardonable by presidents.  (I had  thought there might be a separation of power claim.) However, the Supreme Curt has hinted, back in 1925, that a pattern … Continue reading

Posted in Access to Justice Generally, Constitution, Contempt, Criminal Law, Federal Courts, White House

Speculative Thoughts on Changing Lawyers in Mid-Case — Manafort Edition

I want to draw your attention to the some specific language in the Politico story on Paul Manafort’s change of lawyers, quoting a Manafort spokesman (see especially my bold language): A spokesman confirmed the change. “Mr. Manafort is in the … Continue reading

Posted in Access to Counsel, Access to Justice Generally, Attorney-Client, Criminal Law, Dept. of Justice, Judicial Ethics, Legal Ethics

Google Home Hears Domestic Dispute and Calls Cops

This is the stuff or dream and nightmare.  According to All That Is Interesting Dot Com, As reported by ABC News, New Mexico man Eduardo Barros was house-sitting at a home in Tijeras with his girlfriend and her daughter this … Continue reading

Posted in Artificial Intelligence, Criminal Law, Domestic Violence, Family Law, Mobile Technology, Policing, Remote Services, Science, Security, Technology | 1 Comment

Towards A Principles-Driven Approach to Algorithm-Based Decision-Making in the Justice System

A very recent article by Adam Liptak in the New York Times draws attention to the actual practice in Wisconsin of using algorithm-driven predictions in sentencing, and to the pending attempt to otbain review of the practice by the US … Continue reading

Posted in Access to Justice Generally, Criminal Law, Discrimination, Research and Evalation, Security, Technology, Transparency | 2 Comments

Prosecutors Getting Rid of the Independent Commission on Forensic Science is Short-Sighted as well as Incomprehensible.

I simply offer you this cross examination of every investigator or expert: Q.   Thanks for your testimony, I am sure it will help the jury, but just a few things to clear up.  When did you get your training in … Continue reading

Posted in Criminal Law, Defender Programs, Dept. of Justice, Policing, Science, Technology, White House

Cop House Lawyers Ordered In Chicago

This could be the begining of a major change.  As few outside the criminal justice system know, in the US most people without resources do not get to talk to a lawyer until shortly before they see a judge. That … Continue reading

Posted in Bail, Chasm with Communities, Criminal Law, Defender Programs, Policing, Public Defender, Research and Evalation

A New Era of Jury Nullification?

Trump threat tweeted today that “the spotlight has finally been put on the low-life leakers! They will be caught!” That leaves a big loophole, since the vast majority are probably not”low-life” at all, but patriots.  They should be safe. But … Continue reading

Posted in Criminal Law, Policing, White House

Algorithms and Checklists May Help Deal With Implicit Bias

While I am an advocate of algorithm driven processes in law, I still have a slightly queasy feeling about the whole idea.  It comes from the fear that outcomes are not going to be “far,” but are going to be … Continue reading

Posted in Court Management, Criminal Law, De-Regulation, Domestic Violence, Evictions, Legal Aid, Medical System Comparision, Non-Lawyer Practice, Outcome Measures, Science, Simplification, Systematic Change, Tools, Triage

Launching of National Center For Access To Justice Highlights Criminal/Civil Overlap and Opportunities

The recent launch of the National Center for Access to Justice at Fordham Law School is a good illustration of the progress we are making in getting beyond the traditional and incomprehensible “wall,” between civil and criminal ATJ issues.  Those … Continue reading

Posted in Chasm with Communities, Criminal Law, Defender Programs, Dept. of Justice, Legal Aid, LSC | 1 Comment

Would Having Famous White Actors Re-Enact Being the Shooting Victims Help Change White Attitudes?

It is great that celebrities are being used to draw attention to the wide variety of situations in which Black people can be shot by cops in the US. But surely it would be more of an opinion changer if … Continue reading

Posted in Chasm with Communities, Constitution, Criminal Law, Policing | 2 Comments

Council of Economic Advisors Report on Costs and Benefits of Incarceration Versus Other Approaches Incudes Excellent Arguments for Broader Impact of Access to Civil Justice

When the White House Council of Economic Advisors (CEA) speaks, the world listens. And, indeed, when the CEA issued Economic Perspectives on Incarceration and the Criminal Justice System, it was a very big deal. What was unusual was that the … Continue reading

Posted in Access to Justice Generally, Budget Issues, Chasm with Communities, Criminal Law, expungement, Family Law, Legal Aid, Outcome Measures, Poverty, Research and Evalation, Science, White House | 3 Comments

Thoughts on the Medical Consent Process and Implications for the Relationship Between Courts, Legal Advocates and Clients

Yesterday, I had a bone marrow biopsy, as part of my ongoing medical care dealing with bone marrow cancer.  That biopsy is not my favorite thing, but let me tell you, as often at Hopkins, you are reminded just what … Continue reading

Posted in Attorney-Client, Criminal Law, Defender Programs, Judicial Ethics, Legal Ethics, Medical System Comparision, Personal, Public Defender, Transparency | 2 Comments

Jim Greiner’s Comment on the Inherent Conflict Respresented by Funding Public Defenders by Fees Charged Defendant’s and My Response

Jim Greiner has submitted a brilliant and challenging comment on my recent post about the funding of 41% of the New Orleans Public Defender from court fines, fees and assessments.  It is worth very serious consideration.  Here is the full … Continue reading

Posted in Attorney-Client, Bail, Budget Issues, Chasm with Communities, Commentators, Court Management, Criminal Law, Defender Programs, Political Support, Poverty, Public Defender | 4 Comments

An Urgent Call for Action on Moving Potential Clemency Cases Forward

This blog urges the legal profession, both institutionally and individually, to step up now and play its role to help free thousands of nonviolent drug offenders given draconian federal sentences, and now potentially eligible for Presidential clemency.  First the background. … Continue reading

Posted in Criminal Law, Defender Programs, Dept. of Justice, Legal Ethics, Reentry, Technology, White House