In previous posts, I have argued that legal conventions form a de facto common law and that this de facto common law remedies many defects in our statutory criminal law system. Despite these criminal ...

To hold criminal defense attorneys to a lower standard is simply a disservice to not only those accused (or convicted) criminal defendants' constitutional rights—infringed by their own counsel, but ...

You might think you know a lot about the criminal justice system in America. Perhaps you have a vision of what happens at arrest, during police questioning, when bail is set, or during trial. You’ve ...