Jefferson and Washington monuments

In Re Gault: “Constitutional Domestication” of the Juvenile Justice System

Jamison Koehler Criminal Procedure, Juveniles, Opinions/Cases

There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know.  Although Miranda v. Arizona is probably the most famous, there is also Gideon v. Wainwright (right to counsel), Wong Sun v. United States (suppression of illegally obtained evidence), Crawford v. Washington (right to confrontation), and In Re Winship …

On Ashe v. Swenson: Double Jeopardy and Collateral Estoppel

Jamison Koehler Criminal Procedure, Defenses to Criminal Charges, Legal Concepts/Principles, Opinions/Cases

Many laypersons suffer from misconceptions about the protections offered by the Double Jeopardy Clause contained in the 5th Amendment to the Constitution. As Blonde Justice pointed out in one of her funnier posts, for example, double jeopardy does not cover the situation in which the defendant is forced to show up twice for court appearances on the same charge.  Nor does …

Aerial view of DC

On the Defendant’s Acceptance of Responsibility at Sentencing

Jamison Koehler Criminal Procedure, DUI and Driving Offenses, Sentencing

Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my last DWI trial in D.C., and I decided to repay the favor. I wanted to see him cross examine the same police officer who had testified in my case. And, recognizing that everyone has a …

Aerial view of DC

Quarles v. Commonwealth: Coerced Confessions in Virginia

Jamison Koehler Criminal Procedure, Opinions/Cases

In Quarles v. Commonwealth, a recently issued opinion by the Virginia Court of Appeals, the court considered a set of facts similar to the U.S. Supreme Court case of Rhode Island v. Innis.  However, finding a number of ways to distinguish this case from Innis, it concluded that the defendant’s confession should have been suppressed as the product of police …

U.S. Capitol building

Lives of “Quiet Desperation”: More on Jailhouse Lawyers

Jamison Koehler Criminal Procedure

Over at Chicago Criminal Defense, Marcus Schantz writes about the challenge of representing an incarcerated client who fancies himself a lawyer. With much at stake, time on his hands, and access to a prison “library” (often a converted broom closet with a few outdated law books), a client might spend hours poring over law books, drafting motions, and developing strategies for …

Jefferson and Washington monuments

Second Chances in Virginia

Jamison Koehler Criminal Procedure

  Here, for free, is my simple legal advice: Whatever you do, don’t get arrested in Virginia. The Commonwealth is, as far as I can tell, one of the worst places to find yourself when facing criminal charges. The laws are tough, and judges, prosecutors and juries are typically unforgiving.  Offenses that would be considered akin to a traffic infraction …

U.S. Capitol building

On Making Life Easier for Police Officers

Jamison Koehler Criminal Procedure

Of all the tricks used by police officers, one of the most devious – yet harmless – tricks I have heard is the ploy they use to take a DWI suspect into custody after deciding to make the arrest. The purpose of this particular trick is not to improve detection techniques or to get a reluctant suspect to confess. It …

Jefferson and Washington monuments

Everyone Should Have An Identical Twin

Jamison Koehler Criminal Procedure, Law Practice

For over 20 years, Detective Wynn conducted line-ups at the Curran-Fromhold Correctional Facility (CFCF) in Philadelphia.  The line-ups were carried out in a little triangular-shaped room just beyond the main reception area. You know the way it looks from T.V.: the ante-room, the glass, and then, on the wall behind where the suspects stand, the red lines demarcating height.  The …