jury trial

Plea Bargaining in the Supreme Court

The Supreme Court issued two rulings today related to plea bargaining.  What if a defense attorney fails to pass along a prosecutor’s offer to his client?  And what if a defense attorney gives a client really bad advice so an offer is rejected and, after a trial, the client gets a lengthy prison sentence?  The Supreme Court grappled with what should be the appropriate remedy, if any, in such circumstances.

Jury Rights Day

Today’s date, Sept. 5, marks an important historical event in the development of the right to trial by jury. On this day in 1670, William Penn and William Mead were prosecuted in England for “unlawful assembly,” “disturbing the peace,” and “riot.” These “crimes” arose from Penn having preached near Grace Church to a meeting of several hundred Quakers. 

Arrested for Pamphlets

The feds are seeking to jail 78-year old Julian Heicklen for distributing pamphlets.  Heicklen knows that jurors are supposed to be able to vote their conscience in criminal cases – so he distributes pamphlets on that subject near the federal courthouse.  The feds are evidently worried about the contents of those pamphlets and assert that Heicklen’s conduct amounts to “jury tampering.”  But if Heicklen just gave the pamphlets to anyone and everyone, as he claims, without attempting to sway the outcome

The Supreme Court’s Decision in Skilling

This morning the Supreme Court issued its long awaited decision in the case of Jeffrey Skilling.  The most important aspect of the case concerned the so-called “honest services” statute.  That law has been an amorphous blob that federal prosecutors could suddenly invoke against almost anyone.  All nine justices acknowledged the law had problems, but only three–Scalia, Thomas, and

Twombly and Iqbal: Reality Check

In Bell Atlantic v. Twombly (2007) and Ashcroft v. Iqbal (2009), the Supreme Court gave trial courts more latitude to dismiss a lawsuit at a very early stage, before the parties have had a chance to engage in discovery (the often lengthy and expensive fact-finding stage of civil litigation), if judges think the suit is not founded on “plausible” allegations of wrongdoing. 

Subscribe to RSS - jury trial