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Monday, November 9, 2009
Wise Words
A public defender writes to tell me:
"I have a colleague with a client who seems patently innocent.
All the forensic evidence is in his favor. The eyewitness evidence is in his favor. But he confessed. His
IQ is in the 50s—he’s quite impaired and the confession doesn’t even make much sense. . . . False confessions happen
for a lot of reasons, not just coercive police tactics. Police and lawyers need to be very attuned to the vulnerabilities
of certain kinds of suspects/defendants, and to certain conditions like sleep deprivation and grief."
Wednesday, October 28, 2009
Death & Dollars
This article suggests another basis for opposing the death penalty -- economics.
Tuesday, October 13, 2009
Lethal Policy
The governor of Ohio recently postponed several executions after a failed
attempt to execute someone via lethal injection. The machinery of state-imposed death remains creaky, an auxillary reason
to oppose the death penalty. The best reason is to avoid executing the innocent, an inevitable result of capital punishment
that trumps any benefits.
Tuesday, September 22, 2009
Torture And Truth-Telling
A new study by a neuroscientist suggests that torture impairs the ability to tell
the truth.
Sunday, September 13, 2009
Enlightened Law Enforcement
Insofar as the war on drugs contributes to false confessions, I welcome this website -- law enforcement taking a stand against prohibition.
Wednesday, September 2, 2009
New Book
This book looks like a must-read for anyone interested in false confessions.
Wednesday, August 26, 2009
Good Decision
This recent decision by the U.S. Court of Appeals for the Ninth Circuit
reversed a conviction because of ineffective assistance of counsel. Trial counsel failed to move to suppress a statement
made while the defendant was in custody, even though he had invoked his right to counsel (and been told he had no such right)
and was falsely promised leniency if he gave a statement. The opinion reminds us that the crusade against false confessions
requires, among other things, vigilance by defense counsel.
Sunday, August 23, 2009
Good Resource
This website is an excellent resource for attorneys.
Friday, August 21, 2009
Vick
Michael Vick's crimes were heinous and his punishment deserved,
but he has paid his debt to society. While the wrath of animal rights activists is understandable, I'm glad that the Philadelphia
Eagles signed Vick. Rehabilitation is a legitimate aspect of the criminal justice system, and people deserve a second
chance.
Monday, August 3, 2009
Law Students Take Note
On this website you'll find the "100 Best Blogs For Law School Students." We're
pleased to be included on the list.
Friday, July 24, 2009
Police Misconduct
I'm in no position to comment on the treatment by police of Professor
Henry Gates, but if the case focuses attention on police misconduct, it will serve a valuable purpose.
Thursday, July 16, 2009
Recommended Website
This website, though centered on Florida, is useful for anyone with an interest
in criminal law.
Wednesday, July 1, 2009
Welcome Decision
Last week's decision by the Supreme Court, holding that a high school
student's Fourth Amendment rights were violated by a strip search (based on allegations that she was using proscribed medication),
is welcome. The decision was a no-brainer, but we should applaud whenever the Court protects our rights against
overzealous law enforcement.
Thursday, June 18, 2009
Unfortunate Decision
The Supreme Court ruled today (by a 5-4 vote) that
a convicted prisoner does not have a constitutional right to obtain access to the evidence against him in order to subject
it to DNA testing. This decision will deprive numerous wrongly-convicted persons the opportunity to establish their
innocence.
Wednesday, May 27, 2009
New Justice
The process of confirming Sonia Sotomajor to the Supreme Court will be
the occasion for debate over constitutional issues. The rights of those suspected and accused of crimes should be part
of the discussion. No doubt Judge Sotomajor will be asked her views on torture and the treatment of suspected
terrorists. She should also be asked about interrogation practices routinely used domestically, as well as
other law enforcement practices that contribute to the punishment of the innocent.
Monday, May 4, 2009
The Torture Resolution
Americans feel increasingly disturbed by our government's torture
of suspected terrorists, but it's unclear what will come of that reaction. Ideally, it will lead to reconsideration and
eventually abandonment of the interrogation methods routinely used in domestic law enforcement. The danger
is that these methods will come to be seen as more acceptable because they seem tame compared to physical torture such as
waterboarding. In fact, psychologically coercive interrogation techniques have similar effects to physical torture, stripping
individuals of dignity and producing false confessions.
Friday, April 17, 2009
Torture Revisited
This important article in the New York Review of Books discusses, among other
things, the tendency of "enhanced interrogation techniques" to produce false confessions.
Wednesday, April 8, 2009
The High Court Takes Notice
In an opinion earlier this week, the Supreme Court noted the "mounting
empirical evidence that [interrogation] pressures can induce a frighteningly high percentage of people to confess to crimes
they never committed." Given this recognition, perhaps the Court will reconsider its lamentable holding that a confession
may still be admissible even when police lied to the suspect about evidence allegedly implicating him. This tactic
is among the leading causes of false confessions.
Monday, April 6, 2009
Prosecutorial Misconduct
Kudos to Attorney General Eric Holder for dismissing charges against
former U.S. Senator Ted Stevens. Stevens' conviction on charges stemming from corruption was reversed because the prosecution
withheld important evidence. Such misconduct must be punished if it's to be deterred.
Tuesday, March 24, 2009
Fourth Amendment
Today's New York Times describes a pending Supreme Court case revolving
around a school's strip search of a 13 year old girl -- based on the flimsiest suspicion. So goes the war on drugs and
the war on the Fourth Amendment.
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