Judges Who Help Us Expand Our ‘Crabbed View’ of Justice Beyond Criminal Prosecution
Joseph Margulies, professor of law and government at Cornell University, recently remarked, “In the carceral state, we have developed such a crabbed view of justice that we imagine it as nothing more than a criminal conviction … I hope we want accountability for what happened, and change to ensure it never happens again. Why should we think […]
Will the Most Controversial Rule of Evidence be Reformed?
To most, the Federal Rules of Evidence may seem esoteric. But how the rules draw evidentiary boundaries between admissible and inadmissible information matters quite a bit, both for litigants and for our justice system. Federal Rule of Evidence 609 is a case in point. Rule 609 allows attorneys to impeach criminal defendants (and other witnesses) with their […]
Prior Conviction Impeachment: Is Reform Finally Afoot?
At a recent conference of Washington State judges, a panel of experts discussed prohibiting “impeachment by prior conviction” — that is, the practice of attorneys using prior convictions to attack the credibility of witnesses, including criminal defendants. This practice is used in the federal system and in all but three states. In 1963, Kansas enacted a statute prohibiting the […]
A victory for racially inclusive juries in Washington
The transcript calls him Mr. Meyer, or Juror №5. In October 2014, he arrived at Seattle Municipal Court, which handles misdemeanors, for the trial of Matthew Erickson. Mr. Erickson had been charged with unlawful use of a weapon and resisting arrest. The judge told the prospective jurors that the lawyers would question them to see […]