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Asking for a lawyer is not evidence of guilt 27 Aug 2013 | 04:20 pm

When the United States Supreme Court decided that horrible Salinas v. Texas – that silence is not the same as invoking your right to silence – it left many questions unanswered: primarily, if a person...

Judging evil: what if pedophilia is an “orientation”? 27 Aug 2013 | 04:15 pm

Almost 4 years ago, I wrote this post pondering whether pedophiles have free will. In that post I said: there is a very interesting question here. If the science does prove at some point down the roa...

City wants defense lawyer to pay for wrongful imprisonment 24 Aug 2013 | 04:30 pm

You’re almost 18 right? No? 16? Well, let’s just pretend you said 17. Now smile for the camera while we destroy your rights1. The lawyer for the city of Worcester acknowledges up front that his legal...

The playing field is uneven 24 Aug 2013 | 04:00 pm

As written before, one of the greatest lies sold to the American public was Brady v. Maryland: that the prosecution has an affirmative burden to turn over exculpatory material. The problem, of course,...

Disentitling your rights 23 Aug 2013 | 09:00 pm

In doing the math for this post on the rate of success in the CT Supreme Court, I ran across this opinion, again by the Chief Justice, in the matter of State v. William Brabham [PDF]. It’s one of thos...

Blech-er: confronting the venomous 23 Aug 2013 | 06:30 pm

Odious people tend to up the ante the most when they’re schilling something: like NY Law Professor Robert Blecker1, who’s got a book out about the death penalty. So naturally he takes to the beatified...

You know it’s true 22 Aug 2013 | 06:10 pm

Reprinted with permission from the inimitable SMBC:

Content 22 Aug 2013 | 06:04 pm

A series of must read posts today, first by Greenfield and then by Gamso on the agony of defeat and what makes us get up every morning, to do it all over again. I echoed these feelings a few years ago...

Sex offender social media ban unconstitutional 21 Aug 2013 | 04:30 pm

In yet another part of the country, an appellate court has ruled that a law banning sex offenders from accessing and using social networking sites violates the First Amendment’s free speech guarantees...

Playing games 21 Aug 2013 | 04:10 pm

The internet is a series of tubes, about….this big1. Isn’t it just so darling that these befuddled old justices get to pretend that its still the Bronze Age? It’s so adorable that they decide cases i...

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