When I read Spencer Ackerman's story in the Guardian about a Chicago Police "black site" right here in the city -- where CPD supposedly keeps people in secret to interrogate them without access to a lawyer -- I was skeptical. Scott Greenfield is too: How is it possible that this off-the-books facility existed for so long, and yet nobody, no lawyer, no judge, raised its … [Read more...] about It’s Probably More of a Dingy Gray…
Return to the Planet of Reasonable Doubt
Over at a public defender, Gideon has posted his second attempt to create a jury instruction for the meaning of "reasonable doubt," based on feedback he got from his first attempt, which has a lot of interesting comments.The discussion is far too technical for me to contribute to, for reasons that Scott Greenfield spells out when describing an attempt he was involved … [Read more...] about Return to the Planet of Reasonable Doubt
Reviewing the Charges Against the Bronx Defenders
Professor Jonathan Oberman from the Cardozo School of Law has a great opinion piece in the New York Law Journal about the two lawyers who were forced to resign as a result of the Bronx Defenders' "Hands Up" kerfuffle. These lawyers are smart, committed and hardworking, and have earned their clients', their community's, and this city's trust as a consequence of their dedication … [Read more...] about Reviewing the Charges Against the Bronx Defenders
Why Are Grand Juries So Secret?
I've been trying to understand why grand jury secrecy works the way it does, and there are parts of it that just don't make sense to me. At a fundamental level, the idea of the government telling people there's stuff they can never, ever talk about just doesn't seem right. Our right to free speech isn't absolute, but there usually has to be a pretty good reason for an … [Read more...] about Why Are Grand Juries So Secret?
The Bronx Defenders Get Some “Corrective Action”
A resolution of sorts has arrived at the Bronx Defenders, with lawyers Kumar Rao and Ryan Napoli both resigning from the firm as a consequence of the controversy over their involvement in the "Hands Up" rap video. News reports say that Executive Director Robin Steinberg has been suspended for 60 days without pay, and that Steinberg and her organization will be under increased … [Read more...] about The Bronx Defenders Get Some “Corrective Action”