Defending People

the tao of criminal-defense trial lawyering

Reasonable Expectation of Publicity

| August 13, 2010

It is unlawful, in Maryland, for any person to [w]ilfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any . . .oral . . . communication[.] "Oral communication" means any conversation or words spoken to or by any person in private conversation. "Intercept" means the aural or other [...]

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Partisan and Interested Magistrates?

| August 13, 2010

In regard to the search of a place, the United States Supreme Court has consistently favored the issuance of a warrant by a neutral and detached judicial officer as a more reliable safeguard against improper searches. See Lo-Ji Sales, Inc. v. New York, 442 U.S. 319, 326, 99 S.Ct. 2319, 2324, 60 L.Ed.2d 920 (1979). [...]

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Greenfield and the Teacup

| August 11, 2010

(For more of Paladin's wisdom, buy the complete first season of Have Gun, Will Travel here.)

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Meet Carl

| August 11, 2010

Every now and again some young criminal-defense lawyer on some listserv will suggest that we criminal-defense lawyers should "set everything for trial." If we set everything for trial, the theory goes, either the government becomes much more reasonable in the cases it charges and the offers it makes, or the system crumbles under its own [...]

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Attribution Redux

| August 4, 2010

So I listed four big reasons blawgers should attribute ideas with which they disagree: For yourself; For your readers; For those with whom you disagree; and For the blawgosphere. To illustrate the hazards of non-attribution, I pointed out a couple of Norm Pattis’s and Jamison Koehler’s unattributed statements, and asked: who said it, when, and [...]

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Justice, Injustice, And In Between

| August 3, 2010

Clay Conrad writes: [A]lmost nobody denies that, say, executing an innocent man would be a substantive injustice. So, if there can be a substantive injustice, then there must be, by elimination, substantive justice. Why does that follow? Say that it’s unjust to execute an innocent man. Does that mean that every time an innocent man [...]

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Property of the United States Taxpayer

| August 3, 2010

To do with it what he or she pleases.(H/T Patrick at Popehat)

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The Determinist Libertarian

| August 3, 2010

People can’t choose what they desire, but they “choose” what they desire, and should generally be able to do what they “choose.” That is, people can’t choose to want one thing over another (because what they desire is controlled entirely by their environment and heredity), but it appears to them (illusorily) that they choose the [...]

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The Hunting of Justice (An Agony in Eight Fits)

| August 1, 2010

We have heard talk of “justice.” Is there anybody who knows what justice is? No one on earth can measure out justice. Can you look at any man and say what he deserves—whether he deserves hanging by the neck until dead or life in prison or thirty days in prison or a medal? The human [...]

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