Have you ever heard someone tell a story of a past event many times and noticed that the story changed with each recounting? Is the narrator of the story lying? Is he/she altering the story to make it more appealing? Or is he/she relying on a distant memory that's not so reliable? Tough questions all but important ones given the stakes at today's Senate hearings on a Supreme Court justice. As a criminal defense attorney, I run into this issue of false memory all the time. Juries in … [Read more...]
OJ Simpson’s Parole Hearing Set for July, May Be Free in October
Having already served 8 years of a 9-33 year prison sentence for armed robbery, kidnapping and other charges stemming from a confrontation with two sports memorabilia dealers at a Las Vegas casino hotel in September 2007, OJ Simpson has a parole hearing set for July 20th in Nevada. Simpson will appear by video from Lovelock Correctional Center, where he is being held, before a panel of four parole commissioners sitting in Carson City, parole official David Smith said. Simpson has always … [Read more...]
Cosby Mistrial and the Difficulties with “He Said, She Said” Cases
Bill Cosby's sexual assault trial ended in a mistrial over the weekend after a jury could not agree as to his guilt or innocence. While the outcome was not entirely unexpected given the long deliberations of the jury, it left some legal scholars scratching their heads as to why the jurors had so much difficulty making a decision in this case. Soon after the announcement of the mistrial, the NY Times published an article about how this happened from the point of view of legal scholars. … [Read more...]
Burden of Proof Shifts in Florida Stand Your Ground Cases
Florida Governor Rick Scott has signed legislation into law that essentially shifts the burden of proof from defendant to prosecutor in "Stand Your Ground" cases. This is a significant shift in the law since prior to this bill's signing the Florida Supreme Court had ruled in 2015 that defendants have to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act. Prosecutors fought the bill claiming that it will make their job much … [Read more...]
Can a Cop Lie to You?
The short answer is yes. Police officers can lie, deceive, and falsify their true identities to obtain information from a suspect. Undercover sting operations are based on the premise of deception in order to catch criminals. It is a dangerous myth to think police have an ethical duty to tell the truth in all circumstances and in every situation. Many prostitutes still think that if they ask their prospective customer if they're a cop that will save them from a conviction. During the … [Read more...]
