Innocents Lost
Being a criminal defense attorney is not the easiest job I could have chosen. In many ways, it’s the hardest. I am, unfortunately, an idealist of the worst sort. I believe in The Law. I do not...
View ArticleThe Baby & The Bathwater
A few days ago, I wrote about not just our criminal justice system, but our entire country having lost its moorings to our Constitution. I talked about an “instrumentalist” view of the Law, which has...
View ArticleTikkun Olam
I am not a religious person. I am not, however, opposed to the lessons of religion. Unlike the majority of Americans, I frequently read the Bible. (JPS version, if you must know, although I’ve read a...
View ArticleBlind Squirrels & A Policeman’s Gut
Over at Military Underdog, a site I just heard about recently, Eric Mayer posts a couple of Penn & Teller videos about the Criminal Justice System. Apparently, Penn & Teller have some kind of...
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Call Somebody Who Cares
When I was in high school, a common taunt when anyone complained about something was, “Here’s a dime: call somebody who cares.” Thing is, in the 1970s, if you wanted to actually follow that advice, it...
View ArticleIt’s Not Me
Conrad Black talks about prosecutorial misconduct in an article titled “Prosecutors Gone Wild: How Many Wrongful Convictions Will the Public Stand for?” Even casual samplers of the media now come...
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Shackling Children Nothing New for Americans
This will be a very short post. (I think. It depends on how mad I get while writing it.) For those who hate even short amounts of reading, just scroll until you see the pretty picture. You wouldn’t...
View ArticleWhen False Evidence Isn’t, or, Finality & Freedom
One of the things that bothers me the most about most law enforcement officers, and most prosecutors, and many judges is that they never have any doubts. About anything. They don’t doubt that they’re...
View ArticleSpewing Over Systemic Failure
Scott Greenfield, who I’ve come to look on as a long-distance mentor, begins a blog post today: Before getting to the beef of this post, I ask that hotter heads cool. There have been a few posts...
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Justice Potter Stewart and the Chamber of Secrets
Justice Potter Stewart once famously wrote, in a case involving obscenity, I know it when I see it. The motivation for the comment is found a couple of sentences earlier in that same opinion, where...
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