CHALLENGING GHISLAINE MAXWELL’S CONVICTION Juror misconduct is becoming an increasingly prevalent issue in high profile trials, often with no consequences for the juror.  In the United States an individual accused of breaking the law, whether in federal or state court, must be afforded a fair trial.  There are myriad protections put in place to guarantee…

IS THERE A TRIAL TAX AND WHAT SHOULD WE DO ABOUT PLEA BARGAINING There has been an increase lately in media attention regarding plea bargaining.  Well-meaning but often naive journalists and politicians, who lack a real understanding of how plea bargaining works or its benefits to all parties involved, have begun a crusade on behalf…

RETHINKING THE SCOPE OF THE INSANITY DEFENSE We are all familiar with “the insanity defense,” it’s a well-known part of American culture.  But apart from practicing criminal defense attorneys, very few people actually understand the application of the rule and who can claim its protections.  The reality is that the insanity defense is woefully inadequate…

BRINGING OUT NEGATIVE INFORMATION ON DIRECT-EXAMINATION. Very few people will be afforded the opportunity to call an angel to the stand and conclude their direct-examination confident that there is absolutely nothing out there in the universe which will be problematic when opposing counsel conducts their cross-examination.  Those of us who litigate in the real world…

CIVIL RIGHTS AND SAFETY – FROM KOREMATSU TO COVID-19. Understanding the intricacies of the Korematsu Decision is as crucial now as it was in the 1940’s when the Supreme Court heard the arguments presented.  In a society as diverse as the United States, people will naturally approach their legal and political philosophies with different lenses…

WHAT’S THE BEST KIND OF EVIDENCE. In the episode discussing the California murder trial of Scott Peterson, we took some time to note the difference between direct and circumstantial evidence.  If you are not a practicing lawyer, the distinction between the two, and the implications that each have on the truth of a given situation,…