Over at Fault Lines, Andrew Fleischman has a post about the idea of letting a jury determine actual innocence. It's an interesting post -- worth a read -- but when I read the headline I thought of something a bit different.Criminal defense attorneys complain about the difficulty of getting a jury to understand the degree of proof necessary for a criminal conviction. They … [Read more...] about A Verdict of Innocence?
I was going to write an overview of the technical issues involved in the FBI's demand that Apple help them break into the iPhone 5C that was being used by San Bernardino shooter Syed Farook, but it soon became apparent that the issues were too complex for easy summary, and the story keeps changing as more details leak out.On the other hand, I would like to respond to a … [Read more...] about A Brief Response to Cy Vance About Apple and the FBI
I've been blogging about criminal justice issues for a long time now, and I like to think I know a few things (for an amateur observer) but every once in a while I am amazed to discover that some seemingly normal part of the criminal justice system is, on further examination, inexplicably perverse.This time it started with Ken Womble's post at Fault Lines about risks faced … [Read more...] about Pretrial Detention and Why It’s Like That
Kane County criminal defense lawyer Matt Haiduk has posted a response to my earlier post about the strangeness of the crime of possession, in which he address both of my scenarios and makes a few additional points.In response to my hypothetical stranger-hands-me-a-duffle-bag scenario, Matt has some legal advice: From a strictly legal standpoint, you need to drop all that … [Read more...] about Haiduk Steps Up On Possession
Folks on the internet have been a bit outraged at a woman who sued her 8-year nephew: Jennifer Connell claims the boy, Sean Tarala of Westport, acted unreasonable when he leaped into her arms, causing her to fall on the ground and break her wrist four years ago. This week Connell is asking a six-member Superior Court jury to find the boy liable for his actions.She is … [Read more...] about Jennifer Connell Is Not Really a Monster For Suing Her 8-Year Old Nephew