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Prosecution

It Looks Like Nothing Will Stop Ferguson From Prosecuting Protesters

The Huffington Post | Mariah Stewart | Posted 04.21.2016 | Politics

ST. LOUIS -- The city of Ferguson, Missouri, has a new police chief and a fresh deal with the Justice Department meant to eliminate the abusive polici...

Exonerations of Convicted Prisoners Set Record Last Year

Christopher Zoukis | Posted 04.05.2016 | Crime
Christopher Zoukis

In 2015, the highest-ever number of convicted prisoners were exonerated of the crimes for which they were incarcerated, according to a recent report by the National Registry of Exonerations.

The Inaugural Financial Fraud Lemons of the Week Award Goes to DOJ

William K. Black | Posted 02.12.2016 | Politics
William K. Black

The first award is for what has become a routine example of dishonesty and cowardice by DOJ. Its conduct should be a scandal of national proportions, but by now everyone expects DOJ to embarrass our nation when it deals with elite bankers.

Making an Accomplice: Why "Making a Murderer's" Brendan Dassey Deserves a Re-Trial--Even if His Uncle Doesn't

Michael Shammas | Posted 01.12.2016 | Crime
Michael Shammas

Like his uncle, Brendan may be guilty. Unlike his uncle, his conviction rests entirely on the coerced confession of a frightened, mentally-challenged boy badgered by grown men wielding badges and guns and uniforms and loud, firm voices.

Decision Points: Pursuing Innovation in Prosecution

David LaBahn | Posted 09.23.2015 | Politics
David LaBahn

Though complicated and varied factors contribute to the overuse of jails in our communities and the disproportionate jailing of people of color, prosecutors' actions can and should play a leadership role in addressing these problems.

DOJ's Pledge To Prosecute White-Collar Criminals Is Getting A Major Test

The Huffington Post | Daniel Marans | Posted 09.22.2015 | Business

The Obama administration accused Volkswagen on Friday of a stunning scheme to deceive the government about its cars’ emissions standards and ordered...

It's Time to Examine the Role Prosecutors Play in Driving Mass Incarceration

Art Way | Posted 08.12.2015 | Crime
Art Way

As we acknowledge the year anniversary of Michael Brown's death, local district attorneys are no longer an invisible force, untouchable by advocates who traditionally have focused on police alone.

Prosecuting Child Abuse Just Got (a Bit) Easier

Joan Meier | Posted 07.08.2016 | Crime
Joan Meier

In one fell swoop, and a unanimous one at that, the Supreme Court in Ohio v. Clark both helped ensure child abusers may be successfully prosecuted, and resolved several open questions about the scope of the Sixth Amendment confrontation right.

Yes, a Cosby Can Be Prosecuted

Earl Ofari Hutchinson | Posted 07.08.2016 | Black Voices
Earl Ofari Hutchinson

As of 2014, Cosby, or anyone else who allegedly committed rape and sexual assault, was home free in 34 states that had statutes that ran anywhere from 3 to 30 years for filing rape cases depending on the circumstances of the sexual ravage.

The Five Lingering Questions After Baltimore Prosecutor's Announcement of Charges in Freddie Gray's Death

Burke E. Strunsky | Posted 05.05.2016 | Crime
Burke E. Strunsky

This case will likely have significant legal challenges that are belied by the confidence of Ms. Mosby's presentation and the relative breakneck speed at which she filed charges. After listening closely to the press conference, I believe there are five big takeaways.

GM and Its No Good, Very Bad Year

Rena Steinzor | Posted 05.01.2016 | Business
Rena Steinzor

With the announcement that GM Chief Executive Officer Mary Barra received the outsized compensation of $16.2 million in 2014, what should have been a year of humiliation and soul-searching for that feckless automaker instead ended on a disturbingly self-satisfied note.

The Suprising Thing People Facing Federal Criminal Charges Learn

Matt Kaiser | Posted 03.18.2015 | Crime
Matt Kaiser

Basically two things happen in court -- people try to get someone else's money or the government tries to get someone's freedom. People taken to court are either at risk of losing cash or going to prison.

Measuring Justice One Case at a Time

Burke E. Strunsky | Posted 03.08.2015 | Crime
Burke E. Strunsky

Because there really are no cookie-cutter criminal cases or fungible criminal defendants, we need juries to act as a counterweight to legislative and political incentives that drive us toward a one size fits all criminal justice system.

'A Crime of Passion': A Talk With Scott Pratt

Mark Rubinstein | Posted 02.12.2015 | Books
Mark Rubinstein

A Crime of Passion is the 7th Joe Dillard thriller. In this novel, Joe is hired to defend a record company baron accused of murdering a young country music star. He finds himself amidst a web of lies so byzantine, he may never learn the truth.

US Needs to Explain Decision Not to Prosecute Torturers

Daphne Eviatar | Posted 02.10.2015 | World
Daphne Eviatar

If US officials tortured people, and we know torture is, was and always has been illegal, why isn't the government prosecuting them? Maybe there's some complicated legal reason that isn't obvious to most of us why the evidence wouldn't hold up in court. If so, it's in the government's interest to explain what that is.

How We Are Clicking Away Our Constitutional Rights

Burke E. Strunsky | Posted 02.01.2015 | Politics
Burke E. Strunsky

You may assume that some evidence of lawlessness is a prerequisite for a government official getting ahold of a gift-wrapped package containing the digital "you," but the reality is that the law is not there yet.

To Harvard and Other Universities: In Protecting Students From Sexual Assault, Don't Disregard Due Process

Michael Shammas | Posted 01.20.2015 | College
Michael Shammas

Yes, Harvard's previous sexual assault policy was utterly inadequate to protect survivors of sexual misconduct -- as are far too many policies still in place at other American universities. But the new policy goes dangerously far in another direction, and law professors were right to call their university out.

Ferguson Needed a Robert F. Kennedy, Not a George S. Patton

Burke E. Strunsky | Posted 10.26.2014 | Crime
Burke E. Strunsky

RFK knew how to inspire people. It wasn't a cheap, button-pushing inspiration, but the kind that grew out of his direct awareness of what people had experienced and where they were coming from. As a prosecutor, I often look to his words for guidance.

Challenging a Client's Story

Joel Cohen | Posted 06.28.2014 | Crime
Joel Cohen

Any client, but particularly a criminal client, wants his lawyer to believe him -- whether or not he is being honest with him. If in fact the client i...

End the Prison-Industrial Complex

Michael Shammas | Posted 03.12.2014 | College
Michael Shammas

There are plenty of legitimate reasons to send someone to prison, but profit is not among them. Unfortunately, it is an obscenely large reason that American prisons today house more inmates than any other country on this planet. Freedom lost is money gained.

Why Were We So Jubilant And Despondent After The Zimmerman Verdict?

Daniel Simon | Posted 09.21.2013 | Politics
Daniel Simon

There have been few times in the typical American political debate where many whom are politically active and not have had such strong sentiments towa...

Attack on Trayvon Martin Is an Attack on America

Leslie K. Stein | Posted 09.14.2013 | Crime
Leslie K. Stein

Voter suppression and "stand your ground" are attacks on America's 99 percent. Sound crazy? They are attacks on reasonableness. Voter suppression a...

Jury out on All Female Jury for Zimmerman

Earl Ofari Hutchinson | Posted 08.24.2013 | Crime
Earl Ofari Hutchinson

As one seasoned criminal defense attorney noted, "Like black people, they are sensitive to injustice because they have had a lot of it put on them."

What Zimmerman's Jury Will Likely Look Like

Earl Ofari Hutchinson | Posted 08.07.2013 | Black Voices
Earl Ofari Hutchinson

It was no accident that Zimmerman's attorneys never for a moment did what most defense attorneys do in highly charged, racially tinged cases. That's to ask for a change of venue.

US Attorney's Attempt to Seize Innocent Family's Motel Dismissed

Dan McDermott | Posted 03.31.2013 | Crime
Dan McDermott

Justice has prevailed over an outrageous example of prosecutorial overreach. In this case, the government argued that Motel Caswell in Tewksbury, Massachusetts should be seized because there were 15 drug arrests over a 15-year period.