The Police Did A Bad Job Defense

There are many names to the defense mostly centered upon reasonable doubt. But in some cases judges are requested to give even more specific jury instructions. Lisa Steele has posted Investigating and Presenting an Investigative Omission Defense (Criminal Law Bulletin, Vol. 57, Forthcoming) … Continue reading

Have We Reached The Point Of No Return?

Have we reached the point of no return. “End the Poisonous Process of Picking Supreme Court Justices; I’m a libertarian-conservative; We need to depoliticize the court and appoint members to a single 18-year-term”: Law professor Steven G. Calabresi has this essay online at The New … Continue reading

You Adults In The Criminal Justice System

What should we do with young adults who come in contact with the criminal justice system. should we treat them differently? Stephen Woodwark and Nessa Lynch (affiliation not provided to SSRN and Victoria University of Wellington – Faculty of Law) have posted ‘Decidedly but … Continue reading

Should We Rethink Harmless Error?

Too often appellate decisions decided on harmless error grounds are not serious read by lawyers (OK and trial judges as well). They appellate court spends most of the opinion focused on why the error is harmless and rarely state emphatically: … Continue reading

Virtual Trials

Susan A. Bandes and Neal Feigenson (DePaul University – College of Law and Quinnipiac University – School of Law) have posted Virtual Trials: Necessity, Invention, and the Evolution of the Courtroom (Buffalo Law Review Vol. 68, No. 5, Forthcoming) on SSRN. Here is the abstract: Faith … Continue reading

How Would Your State Do?

The Harvard Law School Criminal Justice Policy Program just released this notable new report titled  “Racial Disparities in the Massachusetts Criminal System.”  Thanks tp Professor Doug Berman  here is a brief account of the 100+-page report and its findings : People of color are drastically overrepresented … Continue reading