Blog Posts


Breyer's Making Our Democracy Work: The Court's Work Explained

"Only one-third of all Americans can name the three branches of government (two-thirds can name a television judge on American Idol); only one-third of eighth graders can describe the historical purpose of the Declaration of Independence; and three-quarters of our population does not understand the...

A Necessary Act Of Contempt In Hayes Trial

When I heard that Jeremiah Donovan stood on the courthouse steps yesterday and held a press conference regarding press reports about his ciient, Joshua Komisarjevsky, I was stunned. There is a gag order in place barring any of the lawyers in the case from speaking publicly. What possessed Jeremiah...

Virginia and Killing: It's Time For Abolition

I won't pretend to be neutral about the death penalty. The state ought not to have the power to kill its citizens. Period. It is too awesome and final a power, and it has historically been used too many times for reasons having nothing to do with justice. The death penalty should be abolished in...

Rage And The Hunting Of Steven Hayes

Herewith a debate of sorts on the morality of the death penalty and the rule of law in the Connecticut case of State v. Steven Hayes. Is killing the killer every justified? Listen to the discussion. The debate took place on WPLR on September 23, 2010: http://wplr.com/av/podcasts.html

Junk Science The Handmaiden Of Junk Justice

More than once I have heard a prosecutor in trial urge a judge to admit contested evidence: "The state cannot prove its case without this evidence, your honor," the argument goes. To which I typically respond: "So what?" The rules of evidence require reliable evidence. The trial deck is not...

Junk Science Serves Junk Justice: We Can Do Better

More than once I have heard a prosecutor in trial urge a judge to admit contested evidence: "The state cannot prove its case without this evidence, your honor," the argument goes. To which I typically respond: "So what?" The rules of evidence require reliable evidence. The trial deck is not...

666: It's Time For A Change

I note the irony for what it is worth: On this, the 666th post on this blog site, I am announcing a change to a new blog site: http://www.pattisblog.com/. I am sure that some will regard this incarnation as welcoming a new anti-Christ into the blawgosphere.
I will post at both locations for...

The Sound Of Silence

My new blog site will up and running tomorrow. I am electing to cease taking public comments. I've also decided to avoid the use of statistical tracking packages. Bottom line? Much though I enjoy writing and hope for readers, the online community is a little too quirky to suit me. I'm not willing...

State v. Hayes: What Happens If The Judge Can't Return?

Superior Court Judge John C. Blue called in sick today, causing another delay in the case of State v. Hayes, the triple murder that has captured the morbid fascination of the court-watching civilized world. Although details are sparse about the judge's condition, it's been reported he is the...

Mandatory Minimum Sentences and the Separation of Powers

I had lunch the other day in Maine with activists seeking to reform the penal system. More and more Maine residents are finding themselves behind bars, and there are seemingly fewer resources each year to ease the burden of caring for inmates. If you divide the gross budget for the Maine penal...

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