Simple Justice
A New York Criminal Defense Blog
Simple Justice

Lawprofs: Use or Be Used

In the never-ending search for academic legitimacy, Jack Chin takes his best shot at arguing the importance of scholarly influence in criminal law.

For me, these cases brought to mind Chief Justice Roberts' famous mockery of the contribution of scholars to actual law: “Pick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of ...
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Pro Bono: Just Another Burden

No, poor people can't take their '59 Rambler to the garage and get a free oil and lube as part of the auto mechanic's pro bono duty. No, saddled with debt and less hope for a job than winning the lottery, aspiring lawyers don't deserve an unanticipated additional burden that no lawyer who is earning a living has to endure. No, they aren't suddenly competent to represent a rodent, no less a person, because they've managed not to ... << MORE >>

Thank You, Mr. Mueller

This just in the ol' email box.

From: FBI@FBI.GOV
Reply-to: federalbureauinvestigation_fbi@washington.usa.com
Sent: 5/2/2012 5:40:18 A.M. Eastern Daylight Time
Subj: OFFICIAL LETTER FROM FEDERAL BUREAU OF INVESTIGATION FBI.
 
OFFICIAL LETTER FROM FEDERAL BUREAU OF INVESTIGATION FBI
ROBERT MUELLER III EXECUTIVE DIRECTOR FBI FEDERAL BUREAU OF
INVESTIGATION FBI.WASHINGTON DC.
FBI SEEKING TO WIRETAP INTERNET
Email:federalbureauinvestigation_fbi@washington.usa.com

ATTENTION: BENEFICIARY
...
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The Sounds of Silence

To listen to the fans of social media, it's highest and best use is to trumpet your accomplishments so everyone can marvel at how fabulous you are. Criminal defense lawyers have not only fallen into line with the use of social media as self-promotion, but some have gone so far as to give updates of their daily activities, no concern whatsoever of what information they're giving up and whose lives they're damaging in the process.
...
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When The Judge Joins The Team

No. Not our team. Not the team of defense lawyers who try to keep a smile on their face and a positive attitude in the face of impending doom. But much to the surprise of defendants and the public, judges regularly become a cog in the wheels of prosecution, though it's not necessarily as nefarious as it may sound.

After all, long before any defendant is arrested and any defense lawyer is retained, warrants get signed, ten day reports ...
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But He Swore...

After my lame effort to point out the silliness of thinking that a cop swearing to tell the truth means he won't take the stand and lie, Ed at Blawg Review sent me a link to George Carlin who, of course, says it better and funnier than I possibly could. Enjoy.

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Meet The Zimmerman Social Media Defense

Much as I thought Mark O'Mara's handling of the bail hearing, providing George Zimmerman an opportunity to apologize publicly for killing Trayvon Martin, was a brilliant move, I'm not nearly as clear on his latest venture.

Now, defense attorneys for George Zimmerman, the Neighborhood Watch volunteer charged in the teen's death, have entered the virtual conversation. In an unusual move, Mark O'Mara has started a blog and accompanying Twitter and Facebook accounts ...
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Convicted on Acquitted Conduct

In a decision that only a legal apologist or circuit judge could love, the 8th Circuit in U.S. v. Vega pulled a breathtaking move and twice screwed the defendant without breaking a sweat. Via Federal Evidence Review, the Court upheld a drug conviction where the government was allowed to use prior bad act evidence for which the defendant had been acquitted, but denied the defendant ... << MORE >>

Take No Chances

Trial is scheduled to begin today for 22 protesters of New York Police Department's notorious "stop and frisk" policy, in which hundreds of thousands of people are routinely stopped on the streets for spurious reasons, most of which have to do with skin color. Lawyers for the protesters will argue a justification defense. It's not likely to work.

In an op-ed, Brent Staples writes in the New York Times of the ...
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Tag, You're It

Every so often, an image appears of police using force against a person who committed a heinous crime, the sort that harms an innocent person very badly and gets any normal person's blood boiling. At law blogs, we take the detached view, that it's not left to police to administer vicious punishment on the street, no matter how much we can understand the visceral reaction to the horrific conduct of such a person. We demand that cops ... << MORE >>

So You Want To Be A Lawyer?

At his Philly Law Blog, Jordan Rushie recounts how he went from self-absorbed law student, utterly clueless as to what he'd gotten into and where he would be heading the rest of his life, to lawyer.
Admittedly, I had no idea what lawyers did on a regular basis. I had only met small town lawyers in my neighborhood. Most of them seemed pretty interesting. My view of lawyers was shaped by John Grisham novels, Law ...
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As the Mob Turns

Never before in the history of man has a lawyer letter generated more lust than Ken's. It came as a response to an embarrassingly bad cease and desist letter, barely comprehensible, replete with errors and conceptually bizarre, and stood up for the right of some folks at Etsy to speak their mind without being subject to a lawyer's threats.

...
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Academia, Where Speech Goes To Die

At Concurring Opinions, visiting Penn State lawprof Erica Goldberg writes about the unfortunate and intellectually bankrupt intersection between free speech and content on campus.

Almost everyone agrees that university campuses should be bastions of free speech. Fervent disagreement, however, exists just below the surface of that statement. Depending on how values are prioritized, individuals may differ on when speech becomes harassment, when speech becomes punishable conduct, and when speech is too controversial, extreme, or offensive to be permitted in the ...
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So Cops Lie, Eh?

The Toronto Star has conducted an extensive investigation and discovered a outrage. Cops lie. I know, shocking, right?

The first time Toronto police Det. Scott Aikman deceived the court, a judge denounced his “misleading” testimony and threw out a cocaine charge against a man.

The second time, Det. Aikman’s story explaining why he and his partner searched a minivan led to the acquittal of four suspects accused of masterminding an international credit-card data-theft ...

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Your Life in Slackoisie Hands

At An Associates Mind, Keith Lee discusses a shift in the expectations of those nice people who get to decide whether a criminal defendants goes home or spends his life in prison. No, it's not about libertarian tendencies, or love of freedom. It's not about the compulsive need for order and submission to the shield. If only it were that easy.

“If a generation is going ...

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Lawyers: Hate, but Accurately

My old pal Niki Black took time off from singing the praises of clouds to post at Sui Generis about a New York State Bar Association ethics opinion on lawyers being mean to other lawyers. For you sad people who aren't New Yorkers, bear in mind that the NYSBA is a volunteer organization with no power whatsoever over anyone. Unlike other jurisdictions, lawyer licensure and discipline is handled ...

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Half an Argument

When Arizona decided to put an end to people who spoke with accents sullying the manicured lawns of their fine retirement communities, there was an uproar. After all, a law predicated on imposing a mandatory police duty of ascertaining citizenship status from people who police "reasonably suspect" are illegals is, well, pretty darned outrageous.

Enter the Supreme Court to save us. Oral argument in Arizona v. United States (and case ...
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The Intransigent Judge

A call came in a few days ago from a young lawyer who was feeling kinda lost. His question was simple: How do you do it?  The background to the question was key. He was trying to do his job, to play by the rules, to represent his clients competently or better, and get them something reasonably close to a fair shake. The problem was the judge wasn't playing along.

He had ...

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What's Good For Wal-Mart

It's a fiasco all around. And yet, it's as American as apple pie. When the New York Times broke the story of rampant bribery at Wal-Mart's Mexican subsidiary, the dreaded Foreign Corrupt Practices Act went from being "reformed" to being the primary weapon in the war against the dreaded Wal-Mart.

The allegations cover all the bases. There were $24 million in bribes paid to locate stores in Mexico, where Wal-Mart is hated ...
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Puppy Love (and Statistics Stink)

In anticipation of the Supreme Court's hearing Florida v. Harris, Penn State visiting assistant lawprof Erica Goldberg has written a pair of interesting posts at Concurring Opinions. I leave the statistical analysis aspects to Goldberg and anyone else inclined to give it deep thought. As a lawyer, I decline to engage in anything remotely resembling math unless it ... << MORE >>

The Riskiest Right

At the Volokh Conspiracy, Eugene Volokh writes about the Michigan Supreme Court upholding the right to forcibly (but not lethally) resist illegal police conduct. Oh boy.

The case is People v. Moreno (Mich. Apr. 23, 2012) (5 to 2). A 2004 Michigan Court of Appeals decision had held the contrary, but the Michigan Supreme Court overruled that precedent.

Under the old common law rule, ...

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Students "Consent"

Via Radley Balko, the Sacramento Sheriff's Department collected DNA from middle-schoolers in an effort to identify the killer of 13-year-old Jessica Funk-Haslam.
Jessica Funk-Haslam was found in the dugout of a baseball field at Rosemont Park on March 5. Investigators say the girl had argued with her mother and left home the night before. She boarded a nearby light-rail train, transferred to a bus and got off near the park. ...
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Simulate or Stimulate?

Adding the word "virtual" before an otherwise neutral noun makes it not only sound hipper and cooler, but allows us to pretend that none of the aspects of responsibility that tether us to unpleasant reality apply. With law, but with interactions as well. MIT professor Sherry Turkle explains in the New York Times:

We’ve become accustomed to a ...

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Taxing the Frugal Future

I was sitting on a bench in Cambridge on a fabulously sunny April day, watching awkward but happy kids rush by with important things to do. In my hand was a bottle of spring water, handed out to old folks like me to give us the impression that someone cared deeply about us without adding too much to the cost of the weekend. The industry of Cambridge, Massachusetts is education.

After attending a ...
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A Fab Career as a Forensics Expert!!!

You probably wonder what exactly are the criteria for having a great future in forensics. Years of college and post graduate studies? Years of experience in the trenches?  Brilliant articles published in respected scientific journals? 

How about the ability to draw a picture on the back of a match book? Not even that much.

Via Keith Lee, Leah Bartos reveals the  deal at ProPublica:

...
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Sorry Seems To Be The Hardest Word

The word "sorry," in all its varied permutations, raises all sorts of problems when there's  war going on. If the words are said, it blunts the anger. It makes the speaker appear kinder, and forces the hearer to temper anger with grace or look lose the moral high ground.

Of course, it's also an admission, if not handled gingerly.

Mark O'Mara handled it with skill.He put Zimmerman on the stand in a bail hearing ...

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Heicklen Wins. Jury Nullification Charge Dismissed

Three days ago, Julian Heicklen advised SDNY Judge Kimba Wood in a letter of two things: First, that his federal defender stand-by counsel, Sabrina Shroff and Steven Statsinger, were fired and no longer represented him. Second, that he dismissed his own case.

Yesterday, Judge Wood agreed.

Not so much with Heicklen's letter, which wasn't worded in such a way as to ingratiate him with the ...
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Cute, Sweet, Easily Digestible

Kids are cute. So are puppies. Stories about kids and puppies warm our hearts. Except when the stories are about kids arrested or puppies killed.

There is a constant struggle in writing about the never-ending stream of seemingly inexplicable things that happen in the law. Should the story be funny or absurd? Should it be outrageous and angry? Many in the blawgosphere have chosen to write short blurbs rather than analysis, both because it's a lot ...
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Blumenfeld to Brown: Stop Deceiving Defendants

The saga of Queens Supreme Court Justice Joel Blumenfeld's attempt to do his job in the face of District Attorney Richard Brown's attempt to stop him has taken some odd twists and turns along the way, but finally resulted in a decision.

Brown's writ of prohibition was denied last October, in a curiously cautious decision, freeing Justice Blumenfeld to rule on the propriety of the scam used to get defendants to ...
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The Cop Definition of "Bizarre"

According to Raymond Wiss, the attorney for the Bogota, New Jersey Police Department, the only reason for seeking the discharge of Officer Regina Tasca was her "bizarre and outlandish” conduct. While it's not clear why he chose the word "outlandish," her conduct most certainly was bizarre.

Plenty of cop "beat downs" can be found online, but how often does the officer who stops others from handing ...
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Because They're Animals

If the New York City police department is a festering cesspool of racism, why is it that African American police officers (of which there are many) don't stand up and say something?  Well, this time they are. From the Daily News:

...
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A Word to the Wise (Update x 2)

There was outrage across twittersphere the other day, when news broke that @Sir_Olly_C was convicted in the Motherland for using a nasty word.

I’ll repeat that shall I … if only to try and convince myself that I’m not dreaming … calling someone the C word is a terrible crime that will see you in court, prosecuted, found guilty and facing a custodial sentence. That’s official because the blogger and tweeter,

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Kip Hawley Comes Clean

You don't remember Hawley? He was the head of the Transportation Security Administration way back in 2005. And now he's talking. From the Wall Street Journal:

Airport security in America is broken. I should know. For 3½ years—from my confirmation in July 2005 to President Barack Obama's inauguration in January 2009—I served as the head of the Transportation Security Administration.

You know the TSA. We're the ones who ...

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So Starts the Ride

The maxim says it all, you can beat the rap but you can't beat the ride. (Source? I think it was a line from the TV show Baretta, but I can't find any authoritative source for a line that's become fundamental to criminal law.)

In a fascinating article at HuffPost, Radley Balko raises some tough questions. Despite the trendy hook relying on the Z-word to capture your interest, it goes on to raise more serious questions ...
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We Know What You Said

For a while, the big question was whether it was appropriate for someone to write a comment when they were too frightened to put their name to it. Ah, the good old days. Then it was a question of the government gaining access to whatever it is you said, whether for its own account or on behalf of the person whose tush was hurting a bit. Good times.

Quietly, however, we are ...

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How Stunningly Zim-tastic of Us

For those who use words like "justice" and "righteousness" without contemplating their relativity, anticipate the non-stop flogging of the prosecution of George Zimmerman as if it's this generation's O.J. As Charles Blow (who I just learned is a fencing parent) writes:

Americans saw the anguish of the boy’s father and the tears of his mother. America saw a child who was its own. America saw ...

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DA David Prater Gets It

At a time when some prosecutors not only fight to the death for their right to conceal exculpatory evidence, but deny it for as long as humanly possible despite the fact that a man sits in prison who, but for impropriety, shouldn't be there, Oklahoma County District Attorney David Prater demonstrates the meaning of honor and integrity.

From his press release:

On March 15, ...
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Can the 99% Be Wrong?

On the one hand, New York City Criminal Court Judge Matthew Sciarinno did what all judges do, and what all lawyers do as well. He took the fuzzy rhetoric of precedent and held that the charges against Ronnie Nunez, arrested in Zuccotti Park as part of the Occupy Wall Street movement, were facially sufficient.

The big constitutional issues, for example, were disposed of easily:
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No Evidence of Wrongdoing

When Radley Balko mentioned the video of Collinsville Police Officer Michael Reichert conducting a manipulative baseless search of nerd Terrance Huff, it fit into a sort of funny, sadly mundane sort of paradigm. Another cop stopping a guy for nothing, playing the game, coming up empty other than to find his name smeared on the internet for reducing constitutional rights to a joke doing his job.
...
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Through the Looking Glass

Seemingly out of the blue, two lawyers held a press conference in Sanford, Florida. Their names are Craig Sonner and Hal Uhrig, but that's not important. Anyone who didn't care who they were a month ago won't care who they are a month from now.

By fortuitous connection, people with microphones and cameras came when they called yesterday. Soon, they will go back to living whatever lives they led before, except they will have a story to tell ...
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Retelling The Story

David Packman writes that his work precludes him from continuing his efforts at documenting police misconduct and abuse at Injustice Everywhere. His project, The National Police Misconduct Statistics and Reporting Project, helped all of us track what was happening, filling the void left behind by a government that only tracked the misdeeds of others.

My perspective on David's announcement will likely be a bit different from many others. I ...
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The More Things Change

David Drumm, guest-posting at Turley's Blog, made me think about this Janis Ian song (which she wrote at age 13)  today, which made me wonder how many of the younger readers here have ever heard it.

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Interdisciplinary, or Why We Can't Have Nice Things

For a while now, the happy word in the future of academics has been "interdisciplinary."  It's a perfectly nice word, It's the sort of word that conjures up images of broad thought and an entirely new plane of academic scholarship. In light of the complaining that law school fails to prepare students for survival in the real world, it smacks of an effort to do better.

At the Legal Whiteboard, ...
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This is the Price of Security, Justice Kennedy

Having posted this week about the Supreme Court's decision in Florence v. Board of Chosen Freeholders, where the Court deferred to the sound judgment of police and prison guards as to whether to strip and cavity search people regardless of how trivial or mistaken the reason they've decided to take a person into custody. it seemed worthwhile to remind people of exactly what we're talking about.

Take what happened to
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Cry, Cry Baby

The proper sentence has long been one of the great mysteries of the system. There is the question of why someone will be sentenced to, say, 17 years rather than a nice round 15 (or 20, for that matter). Then there is the question of why a sentence of imprisonment is imposed at all, when the option of probation is available.

Kings County Supreme Court Justice Gus Reichbach had that ...

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Judge John Gleeson: You Have The Power

While most complaints focus on disparities in sentencing as the primary evil to be cured in the difference between judges in the system, there is a huge, gaping hole that has received little scholarly attention but affects the lives of just as many people. To spell it out bluntly, most judges confuse their role as neutral magistrate with the job of prosecutor.

When it comes to people being appointed to the federal ...
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When Tubes Cross Borders

Given my limited grasp of how exactly the little tubes of the internet work, it seems prudent to defer to others who know more when it comes to what can and can't be done. It's a lesson David Post at Volokh Conspiracy should heed as well, as his well-deserved smack at Richard Clarke, former United States Cyber-Security Czar, would have stayed on point.

David slammed Clarke's New York Times ...
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Cheese Whiz

The Unwashed Advocate and parent of a pathetic sharp cheddar, Eric Mayer, reveals his shame and humiliation at watching his "spawn" in the school cafeteria in a love story between cheese and rat.

I’d like to say that the story warmed my heart and made me a better person, but I can’t. In fact, I barely noticed the gist of the story. Why? I was preoccupied with the fact that my child–my offspring–my pride and joy–watched ...

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Unreasonable Expectations of Cops

When this is the first comment to a post, I feel compelled to read.

Excellent post, Michael.

Posted by: Orin Kerr | Apr 5, 2012 12:19:01 AM

At PrawfsBlawg, where I think Dan Markel has banned me for life for violating his comment policy of only praising scholars, a post by Michael J.Z. Mannheimer, a lawprof at Northern Kentucky University ("Ubi homines sunt homines, et oves timidus") diminishing the implications of Florence v. Board of Chosen ...

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Hate Crime, Hate Crimes

In a fascinating op-ed in the New York Times, former executive director turned columnist, Bill Keller writes some sobering truths about our embrace of hate crime legislation in light of the deaths of Tyler Clementi and Trayvon Martin. Much to the surprise and consternation of many Times readers, Keller doesn't toe the line.
IN 2009 President Obama signed a federal bias crimes law named for the victims of two ...
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