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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...
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...
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. Moore openly thumbs his nose at the federal courts. He was ousted from office a decade ago after defying a federal court order to remove a monument to...
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 error of my ways. Thus, his emails recently tweaking me for writing in opposition to the Connecticut Supreme Court's ruling requiring Cassandra C. to...
I've been reading the press reports about Dzhokhar Tsarnaev's jury selection in Boston with a growing sense of ambivalence. Tsarnaev, you will recall, is the surviving suspect in the 2013 bombing at the Boston Marathon.
I have for decades been opposed to the death penalty, and the specter of...
Power, Moises Naim tells us, is everywhere on the decline: whether in the realm of corporations, the effective military reach of the state, or religion-leaders don't have the unquestioned clout they once enjoyed. This presents great opportunities for innovation and creativity. It also presents...
I've never really thought of Dwight Eisenhower, the 34th president of the United States, as a prophet. The former general, politician and university president seemed more of a technocrat, a dry-as-dust sort of fellow fit for the 1950s, but not much more. He was Ozzie and Harriet's president; not...
The deaths of Michael Brown and Eric Garner offer a chance to reconsider the law on police use of deadly force. Under current Fourth Amendment law, police are forgiven the use of such force if it was objectively reasonable for them to believe that they faced an imminent risk of harm. The trouble...
Ferguson, Mo., state's attorney Robert McCulloch admits he presented evidence he knew to be false to the grand jury considering whether to charge Darren Wilson with murder or some other offense in the killing of Michael Brown. Disbarment would be an appropriate penalty for this feckless...
Ten years ago, it seemed like a good idea to pack up and leave New Haven. So I did, starting my own law firm and moving my office out to Bethany. I was looking for a little tranquility, I suppose. Although I did not realize how much I would miss the Elm City.
So this week, my office began the...