Evidence

On Jabbar Collins and Other Jailhouse Lawyers

January 6, 2011 Evidence

I have only seen one “law library” at a prison, and I have to say I was not at all impressed. A converted broom closet with a broken chair and a rickety metal bookshelf, the library consisted mostly of an outdated version of the criminal code, a dog-eared hornbook or two, and, because someone apparently [...]

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Because Transcripts Can Be Unforgiving

December 30, 2010 Evidence

When I was a public defender in Philadelphia, my office mate used to come across me reading transcripts from court hearings I had done and kid me. I thought I was being conscientious, working to make myself a better lawyer. He thought I was being vain. Testimony from every preliminary hearing we did was automatically [...]

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“I Am Not Guilty This Time”

December 27, 2010 Evidence

Over at CrimLaw, Ken Lammers chuckles about the defendant whose last words on the witness stand were: “I am not guilty this time.” This ranks right up there with my all-time favorite testimony: Q: Are you sexually active? A: No. I just sort of lie there.

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How Virginia’s Pre-Trial Discovery Rules Favor The Prosecution

November 9, 2010 Evidence

Establishing a friendly and professional relationship with the commonwealth’s attorney and local law enforcement officers should be the goal of all defense counsel. – Virginia Lawyers Practice Handbook on “Defending Criminal Cases in Virginia” I never knew how good I had it as a criminal defense attorney in Philadelphia. Although the pre-trial discovery rules in [...]

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David Baugh on Voir Dire

September 22, 2010 Evidence

David P. Baugh was one of the speakers at a Virginia Trial Lawyers Association CLE I attended yesterday. Baugh is perhaps best known for defending the free speech of a Ku Klux Klan member in a trial that resulted in the U.S. Supreme Court case of Virginia v. Black, and, surprise, surprise, he turns out [...]

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On Human Memory and Eyewitness Testimony

September 8, 2010 Evidence

Many years ago, as a student at the University of Freiburg in Germany, I went with an American friend to West Berlin to sightsee. We went to a bar one night in which we were taken for some money by the bar’s establishment. The two of us were so embarrassed by the whole thing (we [...]

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On Interrogation Techniques Used By Police

August 14, 2010 Evidence

The “good cop, bad cop” routine has made for some pretty funny moments in film. Think of Steve Martin in The Pink Panther trying to play both roles himself. Or, to use a more recent example, think of Will Ferrell playing the even worse cop on The Other Guys: “I thought you said “bad cop, [...]

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When The Complaining Witness Refuses To Testify In A Domestic Violence Case

August 11, 2010 Assault

A couple of weeks ago, I described a number of myths about the U.S. criminal justice system. One popular misconception I did not address was the question of who actually prosecutes a criminal case. You often hear people say that they don’t want to press charges. What they don’t understand is that, unlike in a [...]

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When Former Lover Becomes Accuser: Civil Protection Orders in D.C.

May 19, 2010 Evidence

Your client loves a woman. They date for two months, then the woman breaks it off. Something about jealousy and possessiveness. Something about drinking too much. Your client is heartbroken. If your client is John Cusack in Say Anything, he stands outside her house with a boom box on his shoulder blasting out “In Your [...]

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