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One of the most important aspects of our job is maintaining attorney-client confidentiality and it is also an integral component of the adversarial system. We need confidentiality so clients can take us in their confidence without fear of repercussion. [...]
Posted in ethics, inmate issues, prison overcrowding, prosecutors, psa on Jun 23rd, 2008
Alternate title: It’s better to keep your mouth shut and let people think you’re stupid…
From CrimProf and Appellate Law, this story about a growing “trend” where judges are preventing witnesses from using words that are legal conclusions. Sound familiar? The springboard for this story is the Tory Bowen case (what I call the “banned word” [...]
Posted in criminal law principles, evidence, judges, juries, prosecutors, sex offenders, sixth amendment on Jun 11th, 2008
This is a post that has been in the making for a long time. It is incomplete and at times will be incoherent. These are questions, however, that I think are worth exploring and attempting to answer. So bear with me on this Sunday as I ramble.
Anyone who has followed this blog for the past [...]
Posted in cheshire, ct state law, david pollitt, drug offenses, judges, prison overcrowding, prosecutors, psa, sentencing on Jun 8th, 2008
Sex offenders are the modern witches. There are so many things that rankle when it comes to society’s increased crackdown on sex offenders and their subsequent treatment, but one that never fails to get to me is their ridiculously unfair treatment on probation.
True, there are some that need the intense supervision, that should not be [...]
Posted in ct state law, judges, prosecutors, psa, sex offenders on May 18th, 2008
In keeping with “Should prosecutors be held accountable” week, the 9th Circuit issued this scathing opinion, chastising two prosecutors for egregious violations:
The government egregiously failed to meet its constitutional obligations under Brady and Giglio. It failed to even make inquiry as to conviction records, plea bargains, and other discoverable materials concerning key witnesses until after [...]
Posted in criminal law principles, ethics, prosecutors on May 6th, 2008
Looks like I wasn’t the only one who had prosecutorial ethics on my mind this past week. From Grits, Dallas DA Craig Watkins has about had it with these exonerations and wants to do something about it. His proposals are serious.
“Something should be done,” said Craig Watkins, whose jurisdiction leads the nation in the number [...]
Posted in criminal law principles, ethics, prosecutors, wrongful convictions on May 4th, 2008
Since the first installment of “Judge for a day” was so successful, I’ve decided to bring it back for another round. This time, ripped right from the headlines. By now, most of you have heard of Susan M. LeFevre. LeFevre, also known as Marie Walsh, was arrested in her “hometown” of Del Mar, San Diego. [...]
Posted in judges, prosecutors, sentencing on May 2nd, 2008
Western Justice, self-proclaimed small town prosecutor, quotes Alan Dershowitz in asking whether criminal defense attorneys are “lie promoters“.
But let’s say their client comes in, and tells them everything that happened–down to the very last detail, and those details are essentially–I’m guilty, I did it, and everything in the police reports is true.
Under that limited scenario, [...]
Posted in cops, criminal law principles, prosecutors on Apr 29th, 2008
You must’ve heard the phrase “Don’t knock it till you’ve tried it”. Some police departments have now tried it and may be sorry they knocked it. The Day has this article on the pilot program to videotape interrogations and the surprising (to some) results.
“The police are waking up to the fact that this is not [...]
Posted in ct legal news, evidence, prosecutors, videotaped interrogations on Apr 24th, 2008
The question mark is because I can’t tell from this piece what the heck actually happened. Shoddy, shoddy writing.
Under pressure to respond after two deadly home invasions in the past nine months, the state Senate voted early this morning to strengthen the state’s criminal law and allocate $10 million for enhanced crime-fighting.
The bill passed by [...]
Posted in cheshire, criminal law principles, ct legal news, ct state law, inmate issues, judges, prison overcrowding, proposed legislation, prosecutors, sentencing on