From the category archives:

Criminal Procedure

Protecting The Rights of Camera-Toting Tourists in D.C.

July 27, 2010 Criminal Procedure

Anyone who has ever visited the Internet is now familiar with the large number of videotapes capturing police officers running amok on hapless citizens.  A couple of weeks ago, for example, I posted a video of the Toronto woman being arrested for blowing bubbles in the general direction of the man who has now become [...]

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Debunking Popular Myths About The U.S. Criminal Justice System

July 19, 2010 Criminal Procedure

With thanks to both Don Ramsell and Rick Horowitz for the heads up, Cracked.Com has done a humorous but informative piece debunking popular myths perpetuated by T.V. and the movies about the U.S. criminal justice system. Below is a summary of the seven myths discussed by Cracked.com.

1. Forensic Science Is Magic
On TV, the [...]

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On the Tyranny of Court Personnel

June 24, 2010 Criminal Procedure

Although Philadelphia is famous for the corruption within its government and police force, my wife and I were still taken aback to encounter it in person upon moving to the city in 2002.  I, for example, was surprised by the pervasive cronyism and nepotism I encountered within the city’s court system, something the people there [...]

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Arraignment in D.C. Superior Court

June 22, 2010 Criminal Procedure

The arraignment is usually the first court appearance for a criminal defendant in Washington, D.C. and, as such, tends to cause particular anxiety for clients. Do I need a lawyer at the arraignment? What do I say? Should I plead guilty or not guilty?
Although the court itself will assure that you don’t [...]

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A Conflict of Interest for D.C. Superior Court Judges

January 27, 2010 Criminal Procedure

Yesterday’s testimony of D.C. Superior Court Magistrate Judge Janet Albert as a witness in a criminal case against her former girlfriend raises challenges for everyone involved.  A number of D.C. judges, including Lynn Leibovitz, refused to hear the case.  And it will be left to court-appointed defense attorney Dorsey Jones Jr. to cross-examine the judge [...]

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Celebrating “Legal Technicalities”

January 25, 2010 Criminal Procedure

In “Reconfiguring Terms,” legal blogger Gideon complains about the widespread use of  the phrase “legal technicality” to explain why a particular criminal case was dismissed.  Writes Gideon:  “It really grinds my gears when I hear lay people . . . use the term technicality to describe a violation of some Constitutional right.”

Gideon is absolutely right.  [...]

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A Public Apology in a Criminal Case

January 25, 2010 Criminal Procedure

In a blog entry entitled “Victims Speaking Out,” D.A. Confidential describes the cathartic effect allocutions can have for the victims of a crime.  “Allocution” refers to the dialogue between a judge and a defendant prior to sentencing.  Allocution allows the defendant to ask for mercy, explain his or her conduct, apologize for the crime, or [...]

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Miranda Rights and the Christmas Day Bomber

January 24, 2010 Criminal Procedure

The client was so excited he could hardly contain himself when he came into my office.  “We’ve got this case beat,” he told me.  Why is that?  “Simple,” he said.  “The police never read me my rights.”
The Miranda rights are deeply ingrained in our society and culture.  The U.S. Supreme Court briefly considered abolishing the [...]

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The “Jury Trial Tax”: The Penalty for Insisting on a Jury Trial

January 23, 2010 Criminal Procedure

It is a sad but well-known fact among criminal defense lawyers in many jurisdictions that if you insist on a jury trial and lose, you will get a stiffer penalty than if you lose the same case in front of a judge.  That’s right:  Same facts.  Same verdict.  Different sentence.

This is a variation of the [...]

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“Discovery” in a D.C. Superior Court Criminal Case

January 13, 2010 Criminal Procedure

Courtroom surprises make for great drama on T.V. and in the movies.  The defense lawyer produces a new piece of evidence or the witness makes a startling admission on the witness stand.  The case is broken, and justice prevails.
Courtroom surprises in real-life are very rare.  The entire system is in fact geared toward eliminating such [...]

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