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Legal

Trimming the Elements to Make the Law a Lie

April 22, 2008 By Mark Draughn 2 Comments

Iowa Champion Charles Kenville posts a complaint about the unfairness of drug threshold levels in Iowa: Because the threshold level for a mandatory 25 year prison sentence on methamphetamine charges is so low (five grams), prosecutors have unconscionable power over a defendant's fate during plea bargaining... The injustice with the low threshold is that the person trafficking … [Read more...] about Trimming the Elements to Make the Law a Lie

Presumed Innocent

April 13, 2008 By Mark Draughn Leave a Comment

Reading a novel is no substitute for advice from a lawyer, but sometimes a good courtroom thriller can show you something important. (My lawyer readers may disagree with me...) A few weeks ago, I wrote about an interesting but unethical police trick that I learned from A Cinderella Affidavit by Michael Fredrickson. This time I want to talk about some lessons I … [Read more...] about Presumed Innocent

Attention Virginia Residents

April 1, 2008 By Mark Draughn Leave a Comment

If you live in Wise County, Virginia, please get out there and commit a few felonies. Long-time blawger and county prosecutor Ken Lammers obviously has way too much time on his hands! Update: Too late, April Fools Day is over, and it's gone. … [Read more...] about Attention Virginia Residents

To a Prosecutor Concerned That I Might Nullify

March 27, 2008 By Mark Draughn 2 Comments

If you are a prosecutor, it's possible you found this because I'm a potential juror and you were Googling my name. I already wrote something like this in response to a question on Mark Bennet's blog, so I might as well spell it out here. (And yes, I'm in kind of a bad mood.) This argument is going to be more emotional than logical, but when it comes to describing and predicting … [Read more...] about To a Prosecutor Concerned That I Might Nullify

“…deviant murderers awaiting their just desserts…”

January 9, 2008 By Mark Draughn Leave a Comment

Among the issues near and dear that I shall post on presently are the disastrous decision in New Jersey to abolish the death penalty, giving much holiday joy to the various deviant murderers awaiting their just desserts on Jersey's sadly slow death row, the Supremes taking on the supposed cruel and unusual nature of lethal injection, thoughts on waterboarding (is it really … [Read more...] about “…deviant murderers awaiting their just desserts…”

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