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"I know that a certain percentage of folks I send to prison are, in fact, innocent," he said. "I just don't know how to identify who those folks are."
"Then how can you do what you do?" I asked.
"I believe in the adversarial system," he replied. "If you do your job, then the risk of my...
Some contend that trials, especially criminal trials, are won or lost during jury selection. Although jury selection is intended merely to assure that litigants get a fair trial, jury consultants and savvy lawyers spend a great deal of time trying to frame the questions they ask jurors so as to...
Despite the fact that I spend as much time as I can in courtrooms, I still enjoy reading fiction about the law and lawyering. I worry always about what I am missing as I stand in the middle of someone else's storm. Legal fiction provides perspective, and, frankly, entertainment.
Why is it...
A lawyer representing himself, the saying goes, has a fool for a client. So what of a physician who decides to represent himself in a high-stakes criminal case? Is he, too, a fool?
Dr. Lishan Wang is charged with murder. He is alleged to have shot to death another physician, Dr. Vajinder Pal...
One of the best scenes in "The Wizard of Oz" is when Toto, Dorothy's dog, pulls back the curtain on the Great Oz, exposing a terrified man hiding behind his fearful machinery. One lesson: Appearances are deceiving.
I thought of that scene the other day as I read the Connecticut Supreme...
Jerad and Amanda Miller thought the revolution had begun, so they shot a couple of police officers at a pizzeria and then walked over to a local Walmart to announce it. An armed shopper shot Jerad, so Amanda killed the shopper. When police closed in on the couple, Jerad was shot dead and Amanda...
I have no idea whether Phil Mickelson, one of the world's premier golfers and three-time winner of the Masters golf tournament, is guilty of insider trading. But the mere fact that we are talking about it tarnishes his reputation. And why are we talking about it? The FBI has made public sport of...
Twenty or so years ago, I wrote one of the most difficult legal briefs of my career: The task was to compare and contrast the nature of the crimes and the character of the defendants for all the capital cases - those involving a potential penalty of death - in the state of Connecticut, including...
Here's a thought experiment: Pretend for the moment that Elliot Rodger had not gone on a killing spree in California. Put it out of your mind, to the extent that you can. Then watch his last YouTube performance. It's about seven minutes long.
Up until the point he started talking about...
Here's a tip: If you want to avoid jury service, simply tell the judge you have a pre-paid vacation planned. No one will seek to verify if what you are saying is the truth. Vacations are the get-out-of-jail card for potential jurors. It works every time.
Of course, the real question is why...