Is it a big deal that the FBI raided the office of Donald Trump's personal lawyer? Well, yeah. But maybe not for the reasons you think.
David discusses the legal parameters of regulating gun safety with Megan Harris on public radio station 90.5 WESA.
A new low, even by Lawyers Behaving Badly standards: Texas judge George Gallagher administers electric shocks — in court — to subdue a defendant.
Prosecutors must disclose any evidence that goes against guilt or lessens punishment. The Constitution says so. But some state laws allow them to withhold the evidence until just before trial, so defendant have to make plea decisions without it. This skews the whole system, and is long overdue for change.
Our guest is staff writer Beth Schwartzapfel of the Marshall Project; she’s the author of two articles on this set of problems:
“New York Courts Say: Hand It Over”
Former Supreme Court Justice John Paul Stevens offers a simple solution for the seemingly intractable problem of legislating gun safety: repeal the second amendment. Is that realistic?
Criminal Injustice is two years old today! A message of thanks to everyone who's made made the show a success -- especially our listeners.
The close working relationship between a Texas attorney and Hidalgo County Judge Rudy Delgado illustrates the old adage: a good lawyer knows the law, but a great lawyer knows the judge.
Our February 10 bonus episode on the mechanics of the seemingly inevitable Mueller-Trump interview prompted a question from Eric in New York: is it true that some witnesses get immunity from prosecution when they testify in grand jury proceedings?
For people attempting to re-enter society from jail, a job is key to staying straight. And a driver’s license is a must for lots of jobs. So why does the law in so many states suspend drivers licenses for crimes having nothing to do with driving? Our guest is Aleks Kajstura, Legal Director of the Prison Policy Initiative. Their report, “Reinstating Common Sense: How Driver’s License Suspensions for Drug Offenses Are Falling Out of Favor,” gives us the scope of the problem.
If you followed the sentencing phase of U.S. gymnastics doctor Larry Nassar's sexual abuse trial, you saw dozens of victims testify about how his crimes affected them. Is it unusual for so many people to speak up?
Ken Starr, a guy who knows a thing or two about jurisdictional overreach, says Special Prosecutor Robert Mueller is exceeding his authority in investigating the Trump campaign's dealings with Russia. On this bonus episode: unpacking the exquisite, multi-tiered hypocrisy of Starr's analysis.
David discusses the unconstitutional jailing of defendants who can't afford to pay fines and court costs on public radio station 90.5 WESA.
A Republican gubernatorial candidate in Pennsylvania says school shooters should face automatic, mandatory execution. But the U.S. Supreme Court says only a judge can impose a death sentence.
In U.S. courts using bail for pretrial release, those with enough money to get out before trial, but those without cash stay in. But support for reform has been building, and New Jersey did away with cash bail almost entirely in 2017. What happens instead of bail, and how is it working so far? Our guest Roseanne Scotti is with the Drug Policy Alliance, and she’s been part of the reform effort.
New Jersey Bail Reform in the press:
PBS: New Jersey Eliminates Cash Bail, Leads Nation in Reforms
New York Times: New Jersey Is Front Line in a National Battle Over Bail
NJ.com: Here's how much N.J. jail population fell since bail reform
NJ.com: How bail reform is playing out in N.J.'s largest city
Almost anywhere you find police corruption and abuse, you'll find otherwise decent cops who knew about their colleagues' misconduct and did nothing. How can police earn communities' trust when they continue to protect the worst actors within their own ranks?
Bill Cosby faces a second sexual assault trial after a hung jury scuttled the first one. But doesn't the Constitution protect people from being tried twice for the same crime?
Republican state lawmakers in Pennsylvania are threatening to impeach state Supreme Court justices over redrawn congressional districts. What could possibly go wrong?
A tale of ethical shenanigans by two married lawyers: when she's disbarred after a fraud conviction, he looks the other way while she continues practicing without a license.
In the U.S., judges set bail – an amount of money defendants must deposit with the court -- to make sure people appear in court. Defendants must pay the bail amount to get released to wait for trial. Those with enough money to get out before trial, but those without cash stay in jail – regardless of the risk they pose. Could a data-based system do a better job of assessing these risks, and keep the poor out of jail before trial?
Matt Alsdorf is founder and president of Pretrial Advisors, and former Vice President for Criminal Justice at the Laura and John Arnold Foundation. Matt headed up the foundation’s effort to apply a data-based solution to the problem of pretrial incarceration – the Public Safety Assessment tool.
Recreational use of marijuana is still illegal in Pennsylvania. But increasingly, jurisdiction-level policy decisions are pushing cities toward decriminalization. This week, Philadelphia's newly-elected reformist D.A. announced his office is dropping all simple-possession marijuana cases. What's his reasoning, and how will the move affect policing?
More U.S. cities are considering opening "safe injection sites" where addicts can inject intravenous drugs under medical supervision. The goal is harm reduction, and there's strong evidence the practice saves lives. But is it legal?
Fired for allegedly stealing from her firm, a Pennsylvania lawyer is now accused of breaking into the office to rob her former co-workers.
President Trump's lawyers are anxious about the prospect of an interview with Special Counsel Robert Mueller. Can they avoid it? Should they try?
More and more states are legalizing marijuana, but California is taking it a step further by retroactively vacating old convictions.
Private hold over 100,000 people in the U.S. Some say they provide needed flexibility as corrections populations change and budgets shrink. But what really happens when punishment is about profit?
Lauren-Brooke Eisen is Senior Counsel at the Brennan Center’s Justice Program and author of Inside Private Prisons: An American Dilemma in the Age of Mass Incarceration.