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Incarcerating the non-violents. Time to stop?

November 12, 2011

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Incarcerating the non-violents.  Time to stop?

It’s a drumbeat echoed throughout academia.  The argument is that non-violent offenders pose no risk to society, and that we’re using precious resources incarcerating them that could be better used elsewhere.  If the premise were true – that no risk is posed to society – then it would be an easy argument to support. The […]

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Why do we put people to death?

November 11, 2011

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Why do we put people to death?

For the same reason we neuter cats.  Next. Look at the Constitution’s Due Process and Cruel and Unusual Clauses. 5th – nor be deprived of life, liberty, or property, without due process of law 8th – nor cruel and unusual punishments inflicted We want two things – a sentence that meets the crime, and a procedure of […]

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I lost my criminal case and want to appeal. Now what?

November 8, 2011

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I lost my criminal case and want to appeal.  Now what?

Remember all those times your attorney said, “Objection, relevancy” or “Objection” something else?  She was preserving the issues for appeal.  When an objection is made during the trial, it is most often to testimony.  The arguments over admitting physical evidence or certain testimony (like admissions) happened before trial.  The judge ruled then what evidence could […]

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How do I get sentenced for a crime?

October 28, 2011

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How do I get sentenced for a crime?

Painfully. The end of the process is rarely pretty.  A client pleads out to a certain charge or set of charges, or a jury came back with a guilty verdict.  However the client gets there, most bets are off when sentencing arrives.  The judge is in charge.  The DA cannot bind the judge to give […]

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