Friday, February 8, 2013

Criminal Law

In a lot of ways, criminal is vastly more interesting than Bankruptcy, however probably less stressful, I deal with people who can't pay their bills, criminal law attorneys on both sides deal with life and death.  I couldn't live with putting a innocent guy in jail or getting a guilty person off. 

In order to be balanced, I usually read these two blogs-

This one is from right-wing hard asses.  I like their procedure posts and agree with most of them.  I am not as gung-ho about the death penalty as they are, nor do I believe in punitive punishment like they do.  I think with the exception of the very bad, most prisoners should have a shot a parole after 10 years or so, based on the assessment of their danger to the community.

I also think life without parole is overrated.  If someone is deserving of that sentence, I believe the death penalty is more appropriate.  Locking someone in a cage for 23-hours a day for the rest of their life is far more "cruel and unusual" than death. 

I also like their legal briefs, which again I mostly agree with the notable exception of the "war on terror" cases.  The laws of war are clear, we can't just unilaterally designate someone an "unlawful combatant" because Dick Cheney (or Barack Obama sadly as well) says so.  And, I'm not a fan of invading a country, capturing people and saying well since you are a Saudi in Afghanistan off to Guantanamo you go.  Different story if we catch them in the US.

On the other side......we have this sort of Sherlock Holmes guy.  I like his detailed looks at various cases and his goal to root out wrongful convictions.  His strategem for defense attorneys who have actually innocent clients is fantastic.  He also points out, the prosecution has a lot of subtle advantages that are often overlooked by the lay person who thinks "criminals have too many rights".

I think some of his analysis is a bit conclusory, and some of the people he claims are 100% innocent, I'm a bit skeptical of, with the exception of the fire guy in Texas.  The worse crime to be wrongfully convicted of is arson.  There is no one else out there to be caught.  If you get convicted, you are screwed.  Something needs to change for the admissibility of evidence on that.

He seems a little arrogant like taking credit for turning an initial 11-1 vote for guilty into an acquittal.  But maybe he has the gift of persuasion. 

Anyway, check it out if you care.