At courthouses throughout the state, the public at large is required to walk through a metal detector to gain entrance. This includes criminal defense lawyers. Prosecutors and cops are waved right through the security measures. Why? They are regarded as “law enforcement.”
The distinction is ridiculous, frankly. Criminal defense lawyers are on the front lines of law enforcement daily, demanding that police and the state respect the rights of the accused. In other words, police and the state are required to obey the law – it is defense lawyers who police the...
February 27, 2015
Now that we've abolished the death penalty in Connecticut, at least insofar as future cases are concerned, the fate of those currently on death row being much at issue, there is really no cause for jurors ever lawfully to consider the consequences of a guilty verdict. Why, then, are prosecutors permitted during jury selection to inquire whether potential jurors believe people should be held accountable for their actions?
The rigid division of labor in a criminal trial gives to the jury the finding of facts. The jury's role is simple, in theory: Has the state met its burden of proof? It...
February 26, 2015
I'm inaugurating a new feature on this blog: quick reviews.
If you're like me, there just isn't enough time to read. I'll post reviews here of things I've enjoyed. Perhaps it will help you to identify what to read next. I'd appreciate your returning the favor.
All The Light We Cannot See, Anthony Doerr
Two children, one a blind daughter of a museum locksmith, the other an orphan boy transfixed by radio and conscripted into the service of Nazi Germany, stumble through the concluding days of World War II. What unites them is an overwhelming sense of decency, of pressing on in...
February 22, 2015
Regulars in the criminal courts develop a certain cynicism. It’s a survival instinct, really. We all know the system isn’t perfect. We protect ourselves against the devastating truth that innocent men and women are convicted by strict dedication to procedure. If everyone plays his or her role, then no one is responsible.
But it’s really not that simple.
Consider the case of Adnan Syed in Maryland. Syed is serving a life term after being convicted of murdering a former girlfriend, Hae Min Lee, in 1999. The two were high school students at...
February 18, 2015
February 12, 2015
If you are looking for a compelling reason not to elect judges, look no further than the State of Alabama. State Supreme Court Chief Justice Roy S....
February 6, 2015
It is perhaps too much to assert that Hartford attorney Dan Klau plays a role roughly akin to conscience in my life, but he does try to correct the...
February 4, 2015
A couple of decades ago, I paced the halls of the federal courthouse in Hartford for days awaiting a verdict in a police misconduct case. My client...
January 28, 2015
Most lawyers don’t talk much about legal fees with members of the general public. Why should they? It’s rare that good news brings a...
January 27, 2015
I've been reading the press reports about Dzhokhar Tsarnaev's jury selection in Boston with a growing sense of ambivalence. Tsarnaev, you will...
January 24, 2015
Power, Moises Naim tells us, is everywhere on the decline: whether in the realm of corporations, the effective military reach of the state, or...