Blogging Criminally For Over Ten Years
7/30/2008
Greenfield on Spence - Law School
In general, I have to come down on Scott's side here. I haven't followed Spence's blog much because the couple times I've looked at it (when all the crimblawgs went ga-ga and started pointing us to it) it's been strange. And not strange in an interesting, I'm going to write poetry now and comment every so often on the law way, but in a self-promoting, cult-creepy way.
As to what Spence says about law school, I can't say that I hold a much higher regard for law school than he does. In fact, here are the two basic phrases I use to describe law school:
1. One year of education crammed into three years.However, I recognize that most people in law school are not headed out to be trial lawyers. Still, I don't think that law school prepares people for other realms of practice either. In fact, I long ago came to the conclusion that the primary thing that law school teaches students is how to be a law professor.
2. Three years of legalized hazing.
The Socratic method is a farce. Teaching via statutes or black letter treatises of common laws and then using case law to demonstrate and argue would make sense. However, having a student read a case, or worse part of a case, so that he can figure out and get quizzed on what compose the actual elements of larceny is just plain asinine.
What else needs to be done to fix law school? That's a series of long posts I don't have the time to undertake right now. Hopefully, the changes which W&L is engaging in will be a beacon to other schools. We'll see.
7/29/2008
To Jury or Not to Jury
Defendant demands jury. I prep jury. On the morning of trial, defendant realizes, OMG, he's actually going to try me! Defendant sends defense attorney to see if deal is still available. It is. He pleads guilty and has to pick up the tab for the jury.
Defendant demands jury. I prep jury. On the morning of trial, defendant realizes, OMG, he's actually going to try me! Defendant sends defense attorney to see if deal is still available. It is. He pleads guilty and has to pick up the tab for the jury.
Lather, rinse, repeat ad infinitum.
7/28/2008
CLTV 35: The General Hospital Hack
Here's the larger version over at CLTV proper.
7/26/2008
Working Over the Blogs
Over at CLTV I totally revamped the look. The logos on the right link to various video shows on the web which I think are worth watching.
7/25/2008
7/25/2008
Sometimes It All Comes Down to Comic Sans
Click on the Picture
7/25/2008
Smaller Jails = No Pre-Sentence Conversions
In Chesterfield County, where my office was located, the county jail had beds for about 300 people. Riverside Regional Jail, which housed most of Chesterfield's inmates, had a capacity for over 700; hearsay had it that over half those beds were filled by Chesterfield alone. Other jurisdictions had similar setups with local and regional jails (the exception being Richmond proper which jammed a couple thousand into its 900 capacity jail). With that much space, judges did not feel pressure to lower bonds to free beds.
The local churches and ministries viewed these jails as target rich environments. Ministers and laymen would come in to hold services and have religion classes. Inmates with nothing else to do would go out of belief, to be entertained or to make some sort of good record to show the judge during sentencing. By the time they had spent 6 months in jail waiting for their felony trial date their religious credentials were well established and they always wanted to make sure the judge knew.
On the other hand, the localities here all pitched in to build a 270 inmate regional jail and closed down the local jails. With so few beds there is less ability to hold people in jail pending trial. Thus, while I'm certain that some churches send people into the jail, it just doesn't provide quite the target rich environment that I'd seen in my prior jurisdiction.
I'm sure there are other factors as well, but this was a stray thought which hit me as I considered some of the differences between different jurisdictions I've been in.
7/23/2008
An Originalist Argument that Non-Violent Felons Are Constitutionally Allowed Firearms
7/23/2008
Spammers in Slammer
7/23/2008
So Many LawProf Blogs to Ignore, So Little Time
BTW, yes, I know I wouldn't even make it on the list as composed.
7/23/2008
Meanwhile, Back at My Old Stomping Grounds
If so, I don't think they should take any chances - bring the case out here. I think we can pretty much guarantee that no one in the mountains knows anybody involved in this and has not been influenced by either the Richmond or Powhatan paper (heck, I haven't seen a paper from as far away as Roanoke since I've been here).
C'mon down guys. I'll buy you each a chili bun.
7/22/2008
Brass Thieves and Hydrants
7/22/2008
BAC 0.441
7/22/2008
Judge: "A Lot of Confusion"
7/22/2008
Here's a Quandry for Legalizers: Proof That Ecstasy is Evil
7/22/2008
Make Your Police Dog Nice
7/22/2008
Suing the Company Which Turned Him Into the Police
7/22/2008
LAPD Sued
7/22/2008
Ask the Drug Doctor
7/22/2008
This Mother Deserves a Looooonngg Time in Prison
7/21/2008
CLTV: I'm Not the CrimBlawger You Need, I'm the CrimBlawger You Deserve
CLTV Medal of CrimBlawging Excellence
4 catagories in today's CLTV: (1) Best True Stories, (2) Best News Stories, (3) Practical Theory, & (4) OMG! When Did Simple Justice Start Writing Like a Law Professor?
Best True Stories
1. ???????
2. ???????
3. ???????
4. Bad Court Thingy: Why We All Hate Domestic Cases
5. Ipse Dixit: Prosecutor Tells Judge Defendant Won't Be Ready for Trial
6. HOWT: Wasting a Perfectly Good Fake Heart Attack
7. The Policeman's Blog: The Canadian Car
Best News Stories
1. ???????
2. ???????
3. ???????
4. Ninth Circuit Blog: If the Judge Drops a Hint You Probably Ought to Take It
5. Kentucky Law Review: We Put Parole Violaters in Prison for a Reason
6. Ninth Circuit Blog: Will All Courts Now Have to Engage in Platonic Dualism to Depart From Guidelines? Or maybe just those departing downward?
7. The Faculty Lounge: Racist Speech Protected in the Military
Practical Theory
1. ???????
2. ??????? & ???????
3. ??????? & ???????
4. public defender dude: The Exclusionary Rule
5. the briefcase: Lies, Dang Lies, & . . .
6. Concurring Opinions: Why, exactly, was Justice Harlan wrong when he lifted "Our Constitution is color-blind, and neither knows nor tolerates classes among citizens" from a brief?
Penumbras
BTW: For those of ya'll who like to post awards on your blogs, feel free to take the award above whenever you make it into the LawCast.
7/21/2008
The CyberCrime Mafia
7/20/2008
A SuperHero With the Right Moniker
Wonder if I've got a copyright claim since he's using my previously established nickname ("Hammer").
BTW: There's a new videoblog out there about crime: Dr. Horrible's
7/17/2008
Which Witch is Which?
Is There a Specific Exception from the 1st Amendment for Florida Lawyers?
Is There a Specific Exception from the 1st Amendment for Florida Lawyers?
via Legal Ethics Forum
7/16/2008
Moore and the Car Stop
I started mulling this over in relation to reasonable articulable suspicion of criminal activity. Does this dichotomy affect the standard or was the standard already so low as to not be effected by it? A typical reason to ponder this would be that Victim calls dispatch and reports that his ex-girlfriend is outside his house keying his car (all the while screaming at her that he's calling the police on her). ExG, not being a 100% idiot, gets in her car and drives away before police get to the house. On his way to the house, Officer spots ExG's car leaving the subdivision. Can Officer pull a 180 and stop ExG?
1) Yes, he always could because he has reasonable articulable suspicion of a crime, or
2) No, he cannot because he cannot legally arrest her without a warrant and has no suspicion of an ongoing crime, or
3) Yes, he can because the US Supreme Court has empowered the officer to constitutionally arrest her illegally. He can pull her over to arrest her and not bother with reasonable articulable suspicion.
I think that prior to Moore 2 probably was the better argument. However, now that Moore is the law of the land I wonder if 3 might not carry the day.
7/15/2008
The Judges Strike Back
Well, at least one judge isn't having it. Judge Joseph Bouvier (pictured left in the only public website picture I could find - sorry Judge) set out an order requiring PD's to represent those facing forced mental treatment:This Court finds it unconscionable that the Department (of) Public Advocacy would abandon its most vulnerable clients in order to make a point over a budgetary dispute.As well, all the Fayette District Judges are going to meet to decide if they are going to force PD's to do even more.
This article at the Herald Leader also talks about how judges in other jurisdictions have been trying to deal with the PD withdrawal.
7/14/2008
Gotta Prep a Jury
7/14/2008
CLTV 33: Legions of Nun-Thieves
Here's the larger version over at CLTV itself.
7/12/2008
Saturday's Random Thoughts
2) Google has figured out some way to keep image searches from either getting through or registering at Blogger. It makes it more accurate when I look to see who's reading the site, but it dropped my numbers by well over half.
3) I'm now using Bloglines to read blogs. It allows me to cover more than I was before and works better than other online aggregators I tried (including Google Reader and My Yahoo!).
4) If it is the last thing I do, I will beat Desktop Tower Defense's 100 level challenge (how can such a simple game be so addictive?).
5) I shudder to think what the next few months have in store for CrimBlawgs as more and more will be unable to resist the siren call of getting into the political argument.
7/11/2008
Sometimes Even Spot Tires of Blogging
And ya'll thought all those bad posts over the years came exclusively from me.
7/10/2008
In the News
1) The Ramseys really didn't do it.
2) New Orleans PD decided to punish an officer 15 minutes before he retired because he wore a uniform which it didn't use anymore, but is going to use in the future.
3) Don't steal socks in Missouri.
4) It's just a bad day when you step off the train and 8 policemen stick their pistols in your face (especially if you ain't done nothing).
5) Why we don't see DNA in shoplifting cases.
6) Just remember, it's rape to have sex with a corpse in Minnesota (the corpse cannot consent to sex).
7) Naked beer thief abducts a bus full of people (just remember, it happened in Vegas, so he has to stay in Vegas - Thank Heaven).
8) And the hottest car of the year is . . .
9) Scumbag Dad Award: using a two year old to keep police from tazing him.
7/08/2008
Because Some Things Just Have to be Publicized
Switch Hitter v. Ambidextrous Pitcher
Switch Hitter v. Ambidextrous Pitcher
Somehow PrawfsBlawg made a legal point about all this, but I all I could think of is how fun it is fun watch them keep switching back and forth.
7/08/2008
Should Vets Get Special Dispensation in Criminal Court?
Seriously, if a guy is a vet how often is that not held to be a fact in his favor?
7/08/2008
Save Your House from a Forest Fire
Got to Jail
Got to Jail
Why, they arrest you, of course.
7/08/2008
California: the 3 Strikes Reality
7/07/2008
IP & p2p: Part 2
General Market Structure
General Market Structure
In general, there are four groups which are involved in this market adjustment. There's the creator, the distributor, the merchant, and the consumer. It's a fairly typical market setup which could be applied to most items in a capitalist market. The major difference is that in order for intellectual property to be profitable enough to produce an artificial monopoly must be created. If it is not there is no incentive for distributors and merchants to become involved and product flow stops or is seriously curtailed.
Why? Glad you asked. Distributors in this system are also the people who bankroll the creation of content. They identify a potentially lucrative creator; they do their best to improve the creator's product; they promote the creator; they bite the bullet when the majority of creators fail; and they exploit those creators who succeed. In this system both the creators and the consumers are exploited as much as possible to maximize profit for the distributor and merchant. There's never been too much the creators have been able to do about this process (except for a select few who really became BIG). And, to be truthful about it, creators need the distributors in order to have their shot at becoming BIG. Sure, they can gain traction in a geographical area, or have a following among a segment of society, or they can gather a following on the internet, but those are usually beginning steps. The distributor is needed to make them nationally or internationally renowned. On the other hand, a few years back, the consumer found himself in a situation where he didn't have to put up with as much exploitation as before.
The web brought the consumer the ability to download without cost. Someone out there would upload an item and others could download it without paying a skinny nickel. Sure, some of this had been previously available via bbs systems, but the web brought wider availability. Additionally, both technology and software increasingly made this an increasingly attractive alternative for consumers.
In other words, the artificial monopoly was broken. Artificially inflated prices led to consumers (former customers) forgoing the cost of purchasing IP items and instead downloading them without cost. This did not directly affect the creators and was crushing to the brick and mortar merchants (seen a record store chain anywhere lately? - although, to be fair the rise of Wal*Mart and Best Buy probably also helped in their demise). Yet, the conflict which developed did not involve the merchants. The conflict is between the consumer and the developers. And we all root for the consumer, the little guy, us.
Unfortunately, it's not that simple.
The industries have often reacted horribly. Whether they are acting as groups (Business Software Alliance, RIAA, MPAA, etc.) or as individual companies (Viacom) they've done things which have seemed almost insane as they've thrashed around fighting the changing market with every shred of their beings. They've pushed for repressive laws to be enacted. They've sued various consumers for much more than the damage that particular consumer could possibly have caused. They've sued companies out of existence. Sometimes the industries score victories (Napster), but generally they have been swimming against an incredibly strong tide. All of this done, as their PR spin would have it, on the behalf of the creators. Nevertheless, while at least the successful creators are along for the ride, the truth is that the distributors are looking out for their own bottom line. Eventually, although they get pushed there kicking and screaming, they all seem to try to make some accommodation.
Still, after all the poor behavior on the part of the industries, it is in the best interest of the consumer for them to continue to operate. We need movie companies making potential summer blockbusters, publishers printing books, television channels making shows, etc. and the ugly truth is that for them to make them they must make profits. The even uglier truth is that for this to happen we must pay for things.
Hopefully, later in the week I'll have time to opine as to how all this has played out / is playing out in several industries: software, music, TV, movies, books, and any others I might think of . . .
7/06/2008
Because the Navy's Different
Sorry I didn't spot it for the 4th, but better late than never.
7/05/2008
I Didn't Call It Piracy
It's Computer Fraud
IP & p2p Part 1
It's Computer Fraud
IP & p2p Part 1
The real purpose of RIAA and MPAA and their efforts is to protect big established media companies from competition from independent artists and from smaller media companies that actually want to give artists their due. See Carly Simon's "sharecroppers" article in Salon.To begin on a lighter note, I'd like to point out that neither I nor the article linked to called the act "piracy." However, I suspect that there might be a reason that this appellation has persisted:
The moguls who have gotten rich by violating artists' moral right to profit from their works should not be allowed to continue posing as defenders of those rights against a huge horde of imaginary boogeymen. (Oh, and the word for the alleged threat is "infringement", NOT "piracy".)
Just sayin'
Back to more serious consideration, in Virginia I don't think we'd call this "infringement", we'd call it computer fraud.
§ 18.2-152.3. Computer fraud; penalty.The without authority is pretty easily established - your contract with your internet provider almost assuredly does not authorize you to download copyrighted materials and the copyright holder has not authorized you to get the property in this fashion, without paying for it. Subsection 1 does not fit. I don't see any false pretense in someone downloading something from Limewire or Bearshare (or others); they download with the intent to watch/keep. Subsection 2 does not fit. Under Virginia's common law, larceny includes a taking of property with the intent to permanently deprive the owner of possession of that property. That leaves us with subsection 3: conversion. Conversion is generally a concept dealt with in civil actions, wherein it often serves as roughly the equivalent of of larceny. However, it is not exactly the same and does not always include the elements of larceny. For instance, it does not require that the defendant take the property. See Commonwealth v. Chilton Malting Company, 1930, 154 Va. 28 (Citing favorably, Aschermann Philip Best Brewing Co., 45 Wis. 266 - leaving a door open so ice melted was conversion). Another definition is "treating another's goods as one's own." With this in mind, I think that in Virginia p2p users are guilty of computer fraud. Of course, most all of these cases would be misdemeanors and the difficulties of putting such a case together would probably keep many localities from pursuing this kind of charge. Still, I think I've established that, for my purposes it's computer fraud.
Any person who uses a computer or computer network, without authority and:
1. Obtains property or services by false pretenses;
2. Embezzles or commits larceny; or
3. Converts the property of another;
is guilty of the crime of computer fraud.
If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony (up to ten years). Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor (up to 12 months).
7/03/2008
Not Yet
7/03/2008
Illegal to Give Away Free Movies
And, no, before anyone asks, I don't think that intellectual property should be free of checks on its distribution. I've never been a fan of the RIAA and its ilk. However, if unchecked, the natural consequence of p to p is to make intellectual property unprofitable. I suspect the industry least affected by this would be the music industry wherein the performers would probably become more of the focus rather than the production/distribution companies (money comes from concerts, not CD's). This industry is mainly fighting a rear-guard action against a paradigm shift, not a real threat to its existence.
However, the affect on things like movies, software, even such things as comic books, &cetera could be devastating. Someone has to be convinced to front not insignificant amounts of money for these things. As things currently stand they front this money with the knowledge that only a certain percentage of productions will be successful enough to make money, much less become highly profitable. What happens if unrestricted p to p means that the day after a movie hits the screen it is distributed worldwide for everyone to watch without paying a dime? Nobody invests. Movies stop being made. We get stuck having to go to playhouses or theater in the park (shudder).
Yes, I know it's an extreme scenario as things now stand. Lest I get accused of screaming things about the sky falling, let me say that I don't see this happening today or tomorrow. However, this is not because the tech's not there, it's because a lot of people have not figured out how to use the tech. In a generation or so, when everyone has grown up using computers, the situation could be quite different.
7/02/2008
Am I a Trial Attorney Because I Seek Stress?
My gut level reaction was to reject all of this out of hand. "Certainly, this does not apply to my experience." On a day to day basis I'm not the guy who goes out and bungy jumps, or 4 wheels, or sky dives, or looks for and partakes in any number of adrenaline junkie activities. I'm one of those people who is generally happy living a fairly boring life.
However, if I take a broader look at my life, there is a tension which I note in it. I have tended toward academic pursuits and for a period of time I would be in hog-heaven in a job where I could just spend weeks researching in a library and writing papers. However, I have never been able to just do this. I've always sought some sort of application along side and in conjunction with this bookwormish tendency. I joined the Army and went into Military Intelligence, learning Arabic along the way, and got sent into two combat zones and a peacekeeping mission. I went to a college (Centre) which I chose in large part because it had a reputation for "true grading" and failing people out. I chose to go to a "top twenty" law school instead of an "easier" school (which would have given me a free ride and I've been kicking myself ever since). When faced with difficulties after law school, unlike some wiser friends who took contract work and held out until they got solid civil jobs, I opened an office and started doing criminal work.
Nevertheless, I must disagree with the premise offered. It's not about seeking stress, it's about seeking challenges. Now, that may seem nitpicky because challenges will almost always involve a degree of stress. The difference is that a challenge is a sought practical application of training and preparation. In fact, it usually starts when someone seeks the proper training and preparation. Every military trains people before sending them into action. Before a lawyer can ever practice he has to either go to law school or apprentice himself to a practicing lawyer (reading for the Bar).
Mark disputes this point and refers to a story in the book wherein it is claimed that an Army Ranger on a rafting trip fell out of the boat and "because of his training and the Ranger ethos of not needing help", drowned. This is supposed to show how training can cause a person to fail.
And it is absolutely wrong. Back when I was in the Army there was a term which was used derisively everywhere I was stationed. The word? Hero. I can still remember the Drill Sergeant in basic training yelling at whomever had screwed up, "You are a no-go at this station, Heee-row!" Heroes were not loved and beloved in the Army (I suspect Marines have a similar attitude). They are the idiots which somehow never got the basic message of military training: thou shalt operate as a team. Heroes act on their own, do stupid things, seek the adrenaline rush, and get themselves - and more importantly others - killed.
The problem is that you're filling a military primarily with 18 -24 year old men. They have an abundance of testosterone and it can take a lot to reprogram the "hero" stupidity out of them. While the military does an admirable job in the vast majority of cases, there are just some who cannot get the message that operating as, and receiving the support of, a team vastly increases the chances of survival. Sadly, the Ranger in the story told in the book operated contrary to his military training and paid the price.
That's not to say all training doesn't cause any incorrect reactions. In some cases it surely does. However, that's usually in a fish out of water situation. In high stress challenges it's always going to be the people who are trained for the challenge who survive at a higher rate. Surely, Mark's training and preparation prepare him better for a manslaughter trial than a pro se defendant. They'll both face a stressful situation, but it's the training that makes the difference.
But, you say, there will always be stressful situations which people aren't prepared for. Yet, people survive these situations. I've got a one word answer for this: Luck. Or, as one of my professors put it in college, we have evolved so that different people will react to the same crisis in different ways. An extremely angry lion walks into the middle of a village catching 10 people in the town square. 2 people freeze in place, 2 people scream, two people run, two people back away while facing the lion, and 2 people attack. This variance in reaction pretty much guarantees someone is going to survive. You only hope it is your reaction that works - and there's no guarantee that the same reaction will save you each time. One time the lion may face his attackers; another time he may chase those moving away from him; a third time he may go after the person screaming her lungs out. What determines the lion's choice? The whim of the lion on that particular day. In other words, from the perspective of the villagers, Luck.
Give me a person trained to handle the challenge over a person who is relying on luck any day.
7/01/2008
A Brief History of Blogging: Is It a LawProf's World?
Ah, the confidence of having a blogging memory of only a year and a half. However, some of us have been around for a little longer and remember things just a wee bit differently.
In the beginning . . .
The Stone Age
Well, okay CrimLaw wasn't around during the stone age of blogging. Not many blogs were around when fire was being discovered and tomahawks were being chipped out of stone. Perhaps the strongest blog of this era was InstaPundit. Sure, Glenn was a professor, but in these early days few people noticed blogging and nobody cared; he wasn't exactly blogging about professorial topics anyway.
The Copper Age
At this point, mainly through the power of Blogger, a number of blogs blossomed onto the scene. Some were written by professors, such as Balkinization and The Volokh Conspiracy. However, the majority were not. My impression of this era is that there were a lot of law clerks (Southern Appeal), law students (Sua Sponte), and lawyers (How Appealing, SW Virginia Law Blog, Ernie the Attorney, Bag and Baggage, Freespace, Lex Communis) putting up blogs.
During this era there was a lot of cross pollination. Niche blogging (the long tail) just had not developed to the point that one could have enough to read if he stayed in one subject area. Things somewhat coalesced around How Appealing and - to a greater extent - InstaPundit. Glenn Reynolds published a list of blogs he "fathered" (hence the nickname "Blog Father") and a group even formed to oppose his hegemony (the Alliance of Free Blogs). At this time blogging just wasn't on academia's radar. It was something engaged in by a few geeks who happened to be lawprofs and really was not considered an asset to lawprof's careers.
As far as crimblawging went, CrimLaw was the third crimblawg and none of the first three were by lawprofs. TalkLeft had migrated from being a webpage into a blog (then, as now, more about politics than actual law) and Gideon's Promise came into existence 6 months prior to and ended 6 months after CrimLaw was founded.
The Bronze Age
This is when blogs start to solidify in different zones: legal, political, religious, &cetera. Blawgs begin to do the same thing. Two of the bigger zones which develop are TechBlawgs and CrimBlawgs. Cross pollination between blogs of different kinds starts to fade as areas gain enough critical mass that people can spend all their reading time in one area. The MSM dithers back and forth, trying to figure out exactly how blogs fit. At first it is curious but mostly dismissive. However, this develops into a healthy respect/fear as blogs of the Left develop significant political power and blogs of the Right destroy a TV news anchor. As for the legal academia, there was some grudging respect for Glenn Reynolds at InstaPundit and lots of people read Volokh, but in general it seemed that the attitude was still that these blawg things were more a distraction than something that a serious professor wanted to engage in.
As for crimblawgs, more and more popped up (Crime & Federalism, Arbitrary and Capricious, Blonde Justice). Interestingly, the large majority seemed to originate from those doing indigent defense. In fact, the number of PD/indigent defense sites which pop up, live a short - but interesting - life, and fade away are impossible for me to keep up with; this task has fallen to Gideon and Skelly. A very few prosecutors braved the water (Mr. District Attorney).
The Age of Steel
This is the point at which lawprofs turned to blawging as a legitimate, career building endeavor, rather than a mental exercise or hobby. In crimblawgs I trace this to one particular blawg: Sentencing Law and Policy. If ever a blawg benefited from divine providence it was SL&P. It started its life as a fairly simple blawg in which Professor Berman was posting once or twice a week. Then Blakely was decided, people went nuts in the blawgosphere and Professor Berman rode the crest of the wave into prominence and respectability as a blawger. I don't think he slept during that time; if it was on a blog somewhere, or in a news article, or even on a an AUSA's desk Prof. Berman knew about it and published or pointed to it. It made his blawg a necessity and thus made him, it, and profblawgs legitimate.
There were some unfortunate side effects to this. Now seen as a way to boost visibility and credibility, blawgs became something which lawprofs and, even worse, law schools started to engage in for professional reasons. A lot of profblawgs are bland and the ones which a law school has "encouraged" lawprofs to start for school rep purposes can be just plain bad. They can be insulated. They tend to link to professors, if they link at all (which is basically bad netiquette). You can usually tell a blawg which existed prior to this age and is written by professors - instead of being an academic position enhancement blawg - because it links to things outside the lawprofs's sphere.
The rest of us pulgged along as normal during this time. More indigent defense blawgs came up and went down; a new prosecutor blawg popped up (Seeking Justice) and I switched over to prosecution and kept blawging.
The Modern Era
The biggest trend in the modern era has been the emergence of blawgs by private lawyers. A lot of this seems to be driven as a Google page rank, marketing device meant to bring business to the office. Much - if not most - of this is sheer, unmitigated dreck which the lawyer posts once a week because some ad guy has told him to. Nevertheless, this wave has also brought a number of good blawgs with it (Simple Justice, Defending People, Matlock) wherein the blawgers actually write substantive posts on a regular basis.
There has also been an uptick in prosecutor blawgs (Ubjeckshin, Western Justice, LHCC). It will be interesting to see how many of these blogs appear in the future and continue to publish considering the more difficult circumstances of blawging as a prosecutor.
Ambush in Bartlette
Chapters 1 - 13
Chapters 1 - 13
Law & Theory
- LAWS
- Va.'s Versions of Mayhem (malicious wounding et al): 4 In One Statute ~ Graphic
- Aggravated Malicious Wounding
- The Moped Exception
- Rape by Lie: 1 ~ 2 ~ 3
- No Intent Needed
- Arresting in a House
- Common Law Trespass
- Certificate of Analysis Introduction
- Probable Cause: Car Passengers
- Obstruction of Justice Limited
- Stealing Electronic Items
- Stolen Value: Price Tags
- Stolen Value: No Price Tags
- Stolen Value: Electronic Items
- No Weekend Jail on Felonies
- Obstruction of Justice Limited
- No Trifurcation
- No More Beer at the Barbeque
- Respondeat Superior
- DUI & Reckless Driving
- Can You Steal From the Dead?
- Outlawry Outlawed
- Felony 2d Degree Murder
- Banishment
- Computer Fraud
- Insta-Deputy
- PROCEDURE
- Using Statements Made During Plea Negotiations: 1 ~ 2a ~ 2b ~ 2c
- Invoking Right to Attorney in Virginia
- Who Prosecutes Misdemeanors?
- Expungement
- Surrebuttal
- Virginia's Reasonable Doubt
- Reasonable Doubt II
- Instruction: Right to Arm
- Virginia Castle Doctrine1 ~ 2 ~ 3 ~
- Dismissed with Prejudice
- SENTENCING
- I. Limitations on Right of Judge to Alter a Sentence
- II. Limitations on Right of Judge to Alter a Sentence
- III. Limitations on Right of Judge to Alter a Sentence
- Probation & Suspended Time
- Advisement in Virginia
- Jury v. Judge (sentencing roles)
- Limits on Evidence Presentable to a Jury
- Jury Sentencing Possibilities
- &CETERA
- Witnesses & Writ of Actual Innocence
- Domestic Battery & Firearm Possession
- Domestic Battery & Testimony I
- Domestic Battery & Testimony II
- Domestic Battery & Testimony III
- Domestic Battery & Testimony IV
- Shall Doesn't Mean Shall
- Just Following Orders
- Lycurgus Not Welcome in Virginia
Practice Tips
Specific Cases
- Jones:Trespass = Search
- Shatzer:4th Amendment Expiration Date
- Gant: Limiting Car Searches
- Montejo: No more 6th Amendment Protections
- Padilla & the Prosecutor
- Ventris: Allowing Unconstitutional Questioning
- Carroll Doctrine
Legal Theory
- Best Way to Choose a Judge
- What's a Prosecutor?
- Defense Attorney Purpose
- Plea Agreement Actualities
- The Big 4: Why I can't Go To Jail: 1 ~ 2
- Liquor Use Laws
- How to Fix Va.'s Court of Appeals
- Punishment Scale
- Punishment Scale Explained
- Punishment: There but for the Grace of God
- Heavy Sentences (1)
- Heavy Sentences (2)
- Probation
- Change Felonies to Misdemeanors
- Do Justice?
- Kentucky v. Virginia
- Must Prosecutors Disprove Affirmative Defenses?
- Drug Schedules & Punishment
- Defendants & Situational Sincerity
- 1) Immorality in Pleading Not Guilty
- 2) Immorality of Pleading Not Guilty
- Posner v. Hart & Strict Liability
- More Posner & Strict Liability
- Pre-Stare Decisis
- Let Juries Find People Innocent
- Tell Jury Elements Pretrial
- Falsity of Malum Prohibitum (1)
- Falsity of Malum Prohibitum (2)
- Falsity of Malum Prohibitum (3)
- Brady
- Writ of Spite & Hatred
- Various Riot Acts
- Tazers
- Finding of Innocent
- No Appellate Oral Arguments
- CrimJustice Purpose
- Pro Se Defendants
- Misdirecting the Police
- Stress Seekers?
- Plea Agreement
- Faking Probable Cause I
- Faking Probable Cause II
- Faking Probable Cause III
- Faking Probable Cause IV
- Legalese: Name Changes
- How Could We Best Select a Judge
- RICO & Bin Laden
- Requirement of Defense Attorneys
- Should Lawyers Make Clients Confess?
- Crummy Hired Defense Attorneys
- Noble Defense?
Back When I was a Defense Attorney
FEB03
Jury
Jury
JUN03
A Week in the Life
A Week in the Life
JUL03
A Week in the Life
OCT03
A Week in the Life
DEC03
A Week in the Life
JAN04
5 Events
A Needed Sign
A Week in the Life
Trial Desperation
A Week in the Life
A Week in the Life
Quick Panic
FEB04
Supress Motion
A Week in the Life
A Week in the Life
MAR04
A Week in the Life
Closing Argument
APR04
A Week in the Life
A Week in the Life
A Week in the Life
A Week in the Life
MAY04
A Week in the Life
A Week in the Life
A Week in the Life
JUN04
Chocolate Chip Marijuana
A Week in the Life
High School Critique
JUL04
A Week in the Life
Cripple v. Cop
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
I'm a Narc
AUG04
Frustrating Day
Damn Yankee Defense
A Week in the Life
SEP04
Angry Relative
01 Long Week
OCT04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
02 Long Week
03 Long Week
NOV04
Client Families
DEC04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
06 Long Week
Surprise at Prelim
Confronted
JAN05
A Sentencing Hearing
Sales Lady Visits
FEB05
Purse Search Brief
Violent Insane Client
MAR05
Affidavit of Truthfulness
Juvenile Detention Visit
Moments in the Life
Fail to Visit
APR05
Trial of the Century
MAY05
Transcript: Court Argument I Won
A Day in Court
Moments in the Life
Angry Jury Day
Angry Jury 02
JUN05
Eureka Sentencing Moment
My Own PI
Innovative Jail Phone Call
A Moment in Court
A Moment in Court
JUL05
Huh?
Raccoon Attack
AUG05
Picking on a Prosecutor Intern
Moments in the Life
SEP05
Victory by Speedy Trial
OCT05
Kicking Myself
A Day in the Life
Insane Client & 15 Deputies
Torture by Judge
A Federal Habeas
NOV05
Invisolawyer
Petition Freak Out
Moments in the Life
Moments in the Life
State Habeas
DEC05
Moments in the Life
JAN06
Jury Trial Fizzle
FEB06
A Bench Trial
Bittersweet "Victories"
A Prosecutor Tries to do Right
MAR06
What Just Happened?
Va. Worse than Conn.
Illness as a Defense Attorney
Failed Prison Visit
APR06
Heard in a Courthouse
Appellate Court Argument 01
Va. Court of Appeals
MAY06
Heard in Court
JUN06
Bad Press
Entire History of a Trial
Bad Press 02
JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
The Last Life in a Week
Monday
Tuesday
Wednesday
Thursday
Friday
Client Communication
~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse LawyerConversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
Time as a Prosecutor
JAN07
The New Office
FEB07
Different Court Diferent Behavior
Competency
MAR07
Cats
Ma'am I'm the Prosecutor
JUN07
I know nothing
23 Felonies
JUL07
Cross
Cross II
2d Simplest Explanation
OCT07
Jury
FEB08
CrimLaw Prosecutorial Corollary #1
MAY08
Paranoia
JUN08
Why Not Drop?
JUL09
Buy Me Dinner First
AUG09
Jury Sentencing Argument
SEP09
Is Litter Patrol Jail?
OCT09
Paperwork Closing Argument
APR10
Bubonic Bob & the Creative Judge
JUL10
Finding the Perfect Witness
APR12
Small Town Cop : Big City Lawyer
JUN12
Maturity Ain't Orange
Criminal Law
Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
TWIT Live
Spill.com
Tekzilla
Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts in your county, city, or State probably don't operate as described herein. Feel free to be inspired, but YOU MUST ALWAYS DO YOUR OWN RESEARCH OR HIRE A COMPETENT ATTORNEY TO DO SO because I haven't.
Tech &
Vlogs
This Week in TechVlogs
TWIT Live
Spill.com
Tekzilla
Archive
January 2003
February 2003
March 2003
April 2003
May 2003
June 2003
July 2003
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
January 2008
February 2008
March 2008
April 2008
May 2008
June 2008
July 2008
August 2008
September 2008
October 2008
November 2008
December 2008
January 2009
February 2009
March 2009
April 2009
May 2009
June 2009
July 2009
August 2009
September 2009
October 2009
November 2009
December 2009
January 2010
February 2010
March 2010
April 2010
May 2010
June 2010
July 2010
August 2010
September 2010
October 2010
November 2010
December 2010
January 2011
February 2011
March 2011
April 2011
May 2011
June 2011
July 2011
August 2011
September 2011
October 2011
November 2011
December 2011
January 2012
February 2012
March 2012
April 2012
May 2012
June 2012
July 2012
August 2012
September 2012
October 2012
November 2012
December 2012
January 2013
February 2013
March 2013
April 2013
May 2013
February 2003
March 2003
April 2003
May 2003
June 2003
July 2003
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
October 2006
November 2006
December 2006
January 2007
February 2007
March 2007
April 2007
May 2007
June 2007
July 2007
August 2007
September 2007
October 2007
November 2007
December 2007
January 2008
February 2008
March 2008
April 2008
May 2008
June 2008
July 2008
August 2008
September 2008
October 2008
November 2008
December 2008
January 2009
February 2009
March 2009
April 2009
May 2009
June 2009
July 2009
August 2009
September 2009
October 2009
November 2009
December 2009
January 2010
February 2010
March 2010
April 2010
May 2010
June 2010
July 2010
August 2010
September 2010
October 2010
November 2010
December 2010
January 2011
February 2011
March 2011
April 2011
May 2011
June 2011
July 2011
August 2011
September 2011
October 2011
November 2011
December 2011
January 2012
February 2012
March 2012
April 2012
May 2012
June 2012
July 2012
August 2012
September 2012
October 2012
November 2012
December 2012
January 2013
February 2013
March 2013
April 2013
May 2013