We’ve all seen a defendant break down in court. Well, most of us who have spent any time in a courtroom have witnessed this. But the New York Times this week looks at the crying defendant and asks what good does it do and is it ever planned. [Read more…]
An Argument to Repeal Mandatory Minimums
The New York Times published an editorial calling on lawmakers in Washington D.C. to do away with all federal mandatory minimum prison sentences. The editorial cited this report from the U.S. Sentencing Commission, one which many negative things to say about the sentencing practice. [Read more…]
Defendants Who Make Pen Pals of Judges
When you are facing significant criminal charges with nothing to lose, who would you write a letter to? Many defendants are using their time pending sentencing to write to the judge overseeing their case, all in an effort to beg leniency for their offenses. “Most defense attorneys, I think, would view this kind of correspondence, if done effectively, as a kind of sentencing chicken soup,” says Douglas A. Berman, a sentencing law expert at Ohio State University. “We’re not sure if it’s going to help, but it certainly can’t hurt.” [Read more…]
Pre-Trial Home Confinement: VIP Treatment for Dominique Strauss-Kahn
Dominique Strauss-Kahn, head of the International Monetary Fund (IMF), French presidential hopeful, and accused rapist, has things a little easier than most other people facing sexual assault charges in New York. He doesn’t have to wear an orange jumpsuit or stand in line for meals at the chow hall. Instead, he’s spending his pretrial period in a deluxe Manhattan apartment. You may wonder what separates him from other similar suspects—it’s his money. [Read more…]
Convicting the Innocent
There is a great article over at Slate on Convicting the Innocent. It details an extensive study on what makes people confess to crimes they didn’t actually commit. [Read more…]
New Study Questions Value of Drug Courts
Drug Courts have gone from an anomaly to a fairly commonplace alternative to the traditional criminal courts—often touted as giving offenders who would otherwise be sent to prison a chance at rehabilitation and a subsequent reduction in their risk of re-offending. But a new study from the Justice Policy Institute states that drug courts might not be the win-win answer they are painted as. [Read more…]
More Criminal Courts Turning to Videoconferencing
As everything gets more technologically advanced, it also seems to get less and less personal. Take for instance videoconferencing in the courtrooms. Sure they save money and time and correctional departments don’t have to worry about the cumbersome and sometimes seen as dangerous work of transporting inmates–but, at what cost? [Read more…]
Do Innocent People Ever Confess to Crimes?
We’ve all heard of cases of wrongful conviction–of people being freed from prison years and sometimes decades after their trial. But, did you know that in 25% of cases cleared by DNA, the defendant made admissions of guilt?
Why would someone admit to something they didn’t do—spending years behind bars for a crime they didn’t commit? There are numerous reasons that a man or woman suspected of a crime would admit to committing a horrible offense they may have had no part in.
According to the Innocence Project, some of these reasons include: intoxication, threats of harm, coercion, mental impairment, a misunderstanding, threat of lengthy prison terms, actual violence, and simply ignorance of the law. A recent article in the New York Times states that the young, the mentally ill, and the mentally impaired are the most likely to admit to something they didn’t actually do.
But some people state that police interrogators are so effective at getting people to admit, they often pull confessions from innocent people. After spending hours in an interrogation room with no sleep, you might be amazed of the things that would come out of someone’s mouth.
Professor Brandon L. Garrett from the Virginia School of Law states that many cases of false confessions are tainted by facts that police let leak during the interrogation process, allowing a completely innocent subject to confess in detail to a crime they didn’t commit.
In some cases, the confession is so believable that the suspect is convicted of a crime even when DNA proves otherwise before trial. One case, involving murder, caused an innocent man to serve 16 years in prison following a confession he made and later recanted. Though DNA evidence was present at trial to support his innocence, the jury chose instead to believe his initial confession.
Being investigated for a crime is extremely stressful. It seems that the more serious the charges are, the harder the police come down on you to confess. But during the questioning stages, the police must inform you of your right to an attorney. If you are not under arrest and that right is not explained to you, there’s a good chance the statement they are looking for is completely voluntary.
During interrogations following an arrest, you can stop answering questions at any time. You can invoke your right to an attorney and the police must respect this. As stated, ignorance of the law can lead to problems, and knowing your rights is imperative, so having a criminal defense lawyer can help insure that your rights and freedom are protected at every step in the process.
Cops Can Secretly Track You With GPS
A U.S. Court of Appeals decision this week in the 9th District affirmed a previous ruling and stated that the police can track your vehicle with a GPS device and without a warrant. Yes, that’s right—they can come into your driveway at night, attach a GPS and track you–every day, wherever you go. [Read more…]
California Judge Strikes Down Red Light Cameras
A Superior Court judge in California ruled that evidence supplied by red light cameras to issue traffic citations is inadmissible as hearsay under the Constitution. [Read more…]
