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Atrocities plague the drug war, too

War breeds atrocities. We saw it with Abu Ghraib, My Lai, mini-My Lais and the list continues pathetically and endlessly. Consequently, great care must be taken by the government in deciding when and how to wage armed war and war in the criminal justice system...

Being human, prosecutors can act like Lucy van Pelt

As liars go, Lucy van Pelt was a pro. How else did she repeatedly convince Charlie Brown to try to kick a football that she always pulled away a split second before his foot touched the ball? Being human, prosecutors, judges, criminal defense lawyers, and...

Down by law for upskirting and downblousing

Bill of Rights. (From the public domain.) On the one hand, I think peeping camera laws have gone too far to to the point of chilling legitimate photography and other legitimate activities that have no lascivious intent and no intention of capturing intimate images. On the other...

To choose a lawyer

Many criminal defendants naturally wish to know an attorney’s fee — or at least a ballpark or fee range — over the phone or email before taking up to several hours to drive roundtrip to meet with the lawyer. Criminal cases often are scheduled for quickly-approaching...

The canard of “I will never forget that face”

Imagine the dissonance felt by the victim of a serious crime not to be able to identify the perpetrator. If the perpetrator is not found and convicted, the victim may feel that the victim has been let down, the police have been let down, the...

Preserve the right to be let alone

NOTE: The current version of this blog entry constitutes a substantial rewrite of my original blog entry from earlier this morning, after I more closely read and sifted through the Fourth Circuit’s Whorley decision discussed below. Stanley v. Georgia, 394 U.S. 557 (1969), was one of...