There's a notion that floats through the mainstream consciousness, through the mass media, and even among tender-footed law students and fledgling attorneys about the word "justice": It's some kind of objective and tangible substance. Yet people's upbringing and background, culture, education, and unique experiences help sculpt their concept of justice. Humans like facts. There … [Read more...] about Measuring Justice one case at a Time
As executions in the United States hit a 20-year low, one might assume that this trend reflects a more judicious and careful application of the death penalty--that judges and prosecutors are truly reserving the punishment for the worst of the worst. But comprehensive death penalty assessments by the American Bar Association, along with many other organizations, tell a … [Read more...] about Death Penalty becomes more rare and more problematic
When the Boston Marathon bombing occurred, Dzhokhar Tsarnaev was 19 years old. That means he could face the death penalty if convicted in the bombing. If the bombing had occurred two years earlier, when he was 17, that wouldn't be possible. The Supreme Court banned the death penalty for juveniles in 2005. In that case, the court received briefs from the American … [Read more...] about Should Neuroscience save Tsarnaev from the Death Penalty?
Dostoevsky's "Brother's Karamazov" cleverly spoofs the careless inexpertness of what often passes for expert legal testimony. Three medical experts are called to testify whether Dmitri Karamazov was sane or insane when committing the alleged murder of his father. Naturally, the experts all disagree, with each completely convinced of the incontrovertible truth of his own … [Read more...] about Is Expert Testimony in Court Cases really Expert?
Since when are pregnant women entitled to anything less than fairness and equality? On November 8, The New York Times ran this article; Pregnant Lawyer Requests Delay in Corruption Retrial. This story is a perfect example of discrimination against the disabled. The victim is Deborah Misir, a 42-year-old woman, who has not received appropriate accommodations … [Read more...] about Justice for Women