The Dangers of Prison Contracting or “Privatization”
The New York Times has published a series of very disturbing reports on the privatization of prisons, with a particular focus on New Jersey where a company with close ties to Governor Chris Christie –...
View ArticleAn Expansive Vision of Federal Criminal Law
The founders sought to create a federal government of limited, enumerated powers. The states, by contrast, where originally conceived is having police powers – the power to essentially enforce common...
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Prosecutorial Control of the Calendar Undone in South Carolina
North Carolina and South Carolina are the only two states where prosecutors control the calendar. In almost all other states, a neutral party – a trial court administrator or the judges – control the...
View ArticleWaiting for Justice
In a civil case, court appearances can be handled almost exclusively by the attorneys. Whether you’re a defendant being sued, or a plaintiff doing the suing, the attorneys – with the consent of the...
View ArticlePrivate Prisons are… (not so) GRRRR-EAT
Private Prisons have been touted as a solution to bloated bureaucracies, run-away unions, mis-management, and corruption. The problem is that private prisons are not really private, but they are...
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Rethinking our Criminal Justice System
Years ago I had a client, the son of two caring parents who themselves had done well. Upper middle class professionals. The son wasn’t a bad kid. Incredibly bright, he was socially awkward and “lacked...
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Life, the Other Death Penalty
Yesterday I posted about the life long consequences early mistakes and, yes, crimes can have for young people convicted. In that post, I was talking primarily about those convicted of non-violent and...
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Civil Asset Forfeiture – An Abused Tool
UPDATE: I was featured in a WRAL Investigates report available here. In the wake of The Washington Post‘s extensive coverage of civil asset forfeiture and litigation by groups like the Institute for...
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Wake County’s Under-Resourced Justice System
I’ve written about possible reforms to our broader criminal justice system that, I argue, would reduce costs and increase the overall efficiency of the system. A speedy trial statute. A plea bargain...
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When Every Defendant is a Nail…
When Every Defendant is a Nail… every solution is a harsh prison sentence. It’s good to see that criminal justice reform has become a topic of the debate, and that that debate isn’t about how many more...
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