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On the Defensive

Apr 2, 2015

ON THE DEFENSIVE: Planted evidence yields only harm for justice system

There is nothing that harms the integrity of the criminal justice system more than a rogue officer planting evidence.

Mar 5, 2015

ON THE DEFENSIVE: Walker’s ‘conflict offices’ solution misses mark

Gov. Scott Walker’s recently unveiled biennial budget proposal outlines a measure to create “conflict offices” that would result in the Wisconsin State Public Defender’s Office retaining more criminal cases.

Feb 2, 2015

ON THE DEFENSIVE: Civil forfeiture lucrative but open to abuse

U.S. Attorney General Eric Holder recently announced the immediate termination of “equitable sharing,” a civil-asset forfeiture program run by the U.S. Department of Justice.

Jan 5, 2015

ON THE DEFENSIVE: Analyzing law enforcement’s use of deadly force

The adage that prosecutors can “indict a ham sandwich” has been called into question recently, when grand juries declined to prosecute officers involved in the deaths of Michael Brown in Ferguson, Mo., and Eric Garner in New York.

Dec 2, 2014

ON THE DEFENSIVE: The dangers of John Doe

The theme of Franz Kafka’s book, “The Trial,” resonates as strongly today as ever. Prosecutors have amassed powers and tools that were inconceivable even a generation ago.

Nov 6, 2014

ON THE DEFENSIVE: Criminal law takes a toll

A prominent New Jersey criminal defense attorney, William Buckman, committed suicide in a hotel room Oct. 14.

Oct 6, 2014

ON THE DEFENSIVE: Defense lawyers are too hard on Scalia

Justice Antonin Scalia has been the target of considerable invective, largely because of his support for the death penalty.

Sep 8, 2014

ON THE DEFENSIVE: Police misconduct claims deserve day in court

It has become common knowledge that a Ferguson, Mo., police officer shot and killed Michael Brown, an unarmed black man.

Aug 6, 2014

ON THE DEFENSIVE: Technology a constant threat to clients’ privacy

In a rare unanimous decision, the U.S. Supreme Court recently ruled in Riley v. California that police must secure a warrant before searching a cellphone owned by a criminal suspect.

Jul 7, 2014

ON THE DEFENSIVE: Children need shields from adult courts

In the past decade, there have been a series of U.S. Supreme Court decisions interpreting the Eighth Amendment, which prohibits “cruel and unusual punishment,” as it applies to juvenile defendants.

Jun 3, 2014

ON THE DEFENSIVE: Nation’s opiate epidemic sparks new response

In the 1980s, America faced a crack cocaine epidemic.

May 6, 2014

ON THE DEFENSIVE: Recognizing a court’s inherent authority

Few motions in criminal cases cause more confusion than those based on a court’s inherent authority.

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