Analysis of two U.S. Supreme Court decisions handed down this week upholding defendants' rights.
We know there are real criminals out there, people who need to go to prison. But what happens when a criminal admits his crimes, but goes to prison for something he swears he did not do -- a notorious double homicide? This is the story of drug dealer Calvin Buari, presented by journalist Steve Fishman in the new podcast Empire on Blood. Fishman talks to us about how he got obsessed with the case for seven years – and what he learned along the way.
Attorney General Jeff Sessions says the War on Drugs has been "a roaring success," and that ending stop-and-frisk practices caused crime to spike. The evidence says otherwise.
Bobbie from Virginia is haunted by her experience serving on a jury that she thinks reached the wrong verdict due to the bullying of two fellow jurors. She asks: what can courts do to mitigate the influence of abusive personalities on jury proceedings?
What are pattern-or-practice consent decrees? Trisha wants to know more about how they're being applied in her home city of Baltimore and other cities.
The U.S. Department of Justice enforces the federal Constitution and statutes, and has the lead role in upholding the rule of law. But in the last year and a half, DOJ has received withering criticism and outright denunciation from the president. What’s the impact on the Department, and the rule of law? Laura Jarrett – attorney and CNN Washington correspondent, who covers the Department of Justice - gives us her take.
Michael Cohen takes the Fifth in the Stormy Daniels suit -- something his client Donald Trump has asserted only mobsters do. What's going on here?
Analysis of Thursday's guilty verdict in the second sexual abuse trial of comedian Bill Cosby.
As we await the next shoe-drop in the federal investigation of Trump family bagman and would-be consigliere Michael Cohen, a quick primer on attorney-client privilege: how does it work? what does it cover? is it a get-out-of-jail-free card? (spoiler: nope).
In convincing a reluctant client to take a plea deal, a Wisconsin lawyer bends the truth about what's in the deal.
In the US, there have been almost two thousand wrongful convictions Yet in so many cases, prosecutors, police, judges and even defense attorneys simply refuse to acknowledge these catastrophic mistakes. Our guest – a former prosecutor – explains why we blind ourselves to these injustices.
Mark Godsey is Professor of Law, U. Cincinnati, and author of Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions
A county sheriff in Alabama helped himself hundreds of thousands of dollars from a fund intended to feed jail inmates — and it’s all perfectly legal. How is that possible? And why do sheriffs have so much power over the conditions in which people are incarcerated in the first place?
A Texas judge orders a public defender to put less effort into defending poor clients.
"His Clients Weren’t Complaining. But the Judge Said This Lawyer Worked Too Hard," New York Times, 3/29/18
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.