One of the pillars of our justice system in America is that no person can be convicted of a crime unless the government proves beyond any reasonable doubt that they are guilty of the crime. But what does reasonable doubt mean? How do you explain “beyond any reasonable doubt” to a jury of 12 people ...
Every time one of our clients gets a plea offer from their prosecutor, a new game of “trial chicken” begins… What do I mean by “trial chicken?” Will the prosecutor dismiss the case? Will they make an offer that our client can accept? If they don’t, will we “lean on our client” to make them ...
The Drowning Man –Confidential Informants, Jailhouse Snitches, and Wrongful Convictions When a murder happens, what do the police do? They get the bad guy, right? Then the prosecutors convict the bad guy so they can never hurt anyone again… It’s a fairy-tale story that many people take for granted – we trust police and prosecutors ...
Why was Bill Cosby’s conviction reversed? Much of the debate and commentary since the Pennsylvania Supreme Court’s decision to overturn Cosby’s verdict has centered on whether he was innocent or guilty. After reading the court’s written opinion (all 79 pages), it seems reasonably clear that he is guilty of 1) the charges and 2) many ...
In Powell v. Keel, decided on June 9, 2021, the SC Supreme Court held that SC’s lifetime sex offender registry requirement is unconstitutional unless it contains an opportunity for judicial review to determine whether the person is at risk of re-offending. This is a huge decision that will affect many people’s lives. SC’s lifetime sex ...