There’s No App for That

I received a proposal to help in the creation of an algorithm to assist inexperienced public defenders assess the worth of plea bargain offers. The creators want to take offense conduct, criminal history and other relevant factors, collect them over […]

Changing the Rules of the Justice Game

A number of years ago, Harvard Law Professor Alan Dershowitz published what he called the Rules of the Justice Game. There are 13 of them: 1.     Almost all criminal defendants are, in fact, guilty. 2.     All criminal defense lawyers, prosecutors and judges […]

Some of the Science Behind Client-Centeredness

I recently listened to an episode of NPR’s Invisibilia podcast about “non-complementary behavior”. I didn’t know what complementary and non-complementary behavior were, but it turns out I had a great deal of experience with both. The idea behind non-complementary behavior is that […]

Some of the Science Behind Client-Centeredness

I recently listened to an episode of NPR’s Invisibilia podcast about “non-complementary behavior”. I didn’t know what complementary and non-complementary behavior were, but it turns out I had a great deal of experience with both. The idea behind non-complementary behavior is that […]

What About Those Who Speak For The Voiceless? By Ignoring Public Defenders, the Democratic Party Platform Can’t Ensure Equal Justice

As we enter the week of the Democratic Convention, there is no greater threat to our democracy than our criminal justice crisis.  Vulnerable communities continue to be victimized by abusive policing.  People who are unable to afford bail, fines, and other fees, […]

The Public Defender Crisis, Part II: Possible Solutions

As I outlined in my blog post The Public Defender Crisis, 50 years after the Gideon decision mandated representation for defendants in criminal cases, Public Defenders across the United States are as underfunded and overwhelmed as the initial wave of PDs […]

The Myth of the “Evil” Defendant: Reflections on the Aurora Theater Shooting Case

On August 7, 2015, after a trial lasting a total of almost seven months, a jury in Arapahoe County, Colorado returned a verdict that spared our client, James Holmes, from the death penalty.  Mr. Holmes was convicted of killing twelve people […]

Public Defender Files Legal Challenge to Governor’s Withhold Actions

Note: The following is a copy of a press release issued by MSPD on July 13, 2016. In response to the Governor's action to withhold $3.5 million in caseload relief funding, today the Missouri State Public Defender (MSPD) and the […]

“How ARE you feeling?” – The Impact of Working in Public Defense

A year ago, I found myself at work, ignoring the flashing red light notifying me of new voice mails and searching the Tofurky website in vain for employment opportunities as in-house counsel. I fantasized about moving my family from Brooklyn, New York […]

The Myth of the “Evil” Defendant: Reflections on the Aurora Theater Shooting Case

On August 7, 2015, after a trial lasting a total of almost seven months, a jury in Arapahoe County, Colorado returned a verdict that spared our client, James Holmes, from the death penalty.  Mr. Holmes was convicted of killing twelve people […]