Blog Posts

Trial, some say, is a search for the truth. That’s specious tomfoolery. In fact, trial, at least a criminal trial, is guerilla warfare. Some of the most lethal terrorists are prosecutors. Fear and the dark arts of intimidation are common tools.
Consider the case of United States versus...

I’ve never understood why folks don’t regard public defenders as real lawyers. Some of the best lawyers in the state are public defenders — I am thinking of New Haven’s Thomas Ullman, Beth Merkin and Joe Lopez, among others. What’s more, many folks accused of crimes...

Gov. Dannel Malloy is calling for reform of some of the state's draconian sentencing laws, proposing that mere drug possession be a misdemeanor, and calling for the elimination of mandatory minimum sentences for non-violent drug offenses. That's all well and good, as a start.
Here's where we...

I was sitting with a client, a federal prosecutor and a FBI agent the other night. We were engaged in what is known as a “reverse proffer.” That’s where the government tells a defendant what it intends to prove at trial. The government’s goal is to persuade the accused to...

At courthouses throughout the state, the public at large is required to walk through a metal detector to gain entrance. This includes criminal defense lawyers. Prosecutors and cops are waved right through the security measures. Why? They are regarded as “law enforcement.”
The...

Now that we've abolished the death penalty in Connecticut, at least insofar as future cases are concerned, the fate of those currently on death row being much at issue, there is really no cause for jurors ever lawfully to consider the consequences of a guilty verdict. Why, then, are prosecutors...

I'm inaugurating a new feature on this blog: quick reviews.
If you're like me, there just isn't enough time to read. I'll post reviews here of things I've enjoyed. Perhaps it will help you to identify what to read next. I'd appreciate your returning the favor.
All The Light We Cannot...

Regulars in the criminal courts develop a certain cynicism. It’s a survival instinct, really. We all know the system isn’t perfect. We protect ourselves against the devastating truth that innocent men and women are convicted by strict dedication to procedure. If everyone plays his...

No sooner had news broken that Craig Hicks was accused of killing three young Muslim college students in North Carolina than calls erupted for a federal hate crime investigation. The Justice Department promptly obliged.
Where was the hue and cry for such an investigation when Ali Muhammed...

If you are looking for a compelling reason not to elect judges, look no further than the State of Alabama. State Supreme Court Chief Justice Roy S. Moore openly thumbs his nose at the federal courts. He was ousted from office a decade ago after defying a federal court order to remove a monument to...