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Are White Collar Sentences Too Harsh Now?
When we started law school back in ’93, we felt that white-collar criminals just weren’t punished that harshly in this country. The Dilbert strip above, from about the same time, shows that we were...
View ArticleProsecutorial Extortion
Extortion is a kind of threat. A threat that’s so bad, it’s criminal. For a threat to be criminal extortion, it needs to be of a kind to make someone do something against his will, that’s adverse...
View Article“This offer is only good today.”
Another good post by Mark Bennett today over at his blog “Defending People,” entitled “Today Only?” He recounts the plea-bargaining tactic some prosecutors use, attempting to force a plea by saying...
View ArticleWhen Is It Unfair to Get a Fair Trial?
“You are saying it was unfair to have a fair trial?” That was a fair question put by Justice Kennedy at oral argument today. The issue is whether a criminal defendant can be deprived of the effective...
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Better Criminal Lawyering through Smart Risk-Taking
Judgment is the criminal lawyer’s stock-in-trade. The ability to assess the risks of a situation, and choose the better course of action, is the value that lawyers bring to the criminal justice...
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