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Brett Kavanaugh

You Can Be Sentenced, Even If You Were Acquitted.

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. “Most lawyers, as well as ordinary citizens unfamiliar with the daily procedures of criminal law administration, are astonished to learn that a person in this society may […]

A Discriminatory Rule Even Justice Kavanaugh Opposes

Spotlights like this one provide original commentary and analysis on pressing criminal justice issues of the day. You can read them each day in our newsletter, The Daily Appeal. This week, the Supreme Court appeared ready to rule against convictions by nonunanimous juries. The Court heard arguments in Ramos v. Louisiana, a case that challenged the […]

Republicans Suddenly Care About Hearsay And Procedural Justice

Republicans seem to discover the urgent need for due process and procedural safeguards each time an ally of theirs becomes vulnerable. This time, it’s about hearsay. I am confident that I am not the only attorney fielding questions about whether the whistleblower complaint—which began an impeachment inquiry into President Trump’s dealings with the Ukranian president—is hearsay. This is because after the complaint was released, Trump allies such […]