Category Archives: Criminal Law

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 | Leave a comment

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