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Showing 31 - 40 of 40 results
Prosecution of material substance use
Motions to suppress in U.S. v. Karlosky, et al
Powerpoint slides by Wendy Bach and Stephen Ross Johnson. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023
Cruel and unusual punishment involves the unnecessary and wanton infliction of pain or terror or disgrace “to the dignity of man” and may be invoked as a defense in a criminal case.
The expected prosecutions as a result of the Dobbs decision are bearing down on a system already overwhelmed post-COVID. Because of the promise of arrests for those traveling interstate seeking services, defense attorneys may feel an impact even if they do not practice in an abortion-restrictive jurisdiction.
No matter what side of the abortion debate you find yourself, as defenders we must appreciate the fact that reversal of Roe would profoundly impact our capacity to defend clients from arbitrary or excessive government power in three significant ways.
Proof of live birth is often necessary to prove that a woman killed her newborn child. The floating lung test requires that medical examiners take pieces of an infant’s lung and place them in water. The theory is that if the lungs float, demonstrating oxygen was in the lungs, the child was born alive. If the lungs sink, the conclusion is that the infant died in utero, thereby clearing a formerly pregnant women from liability for the death. Is the floating lung test a valid test?
Although women are comprising an ever-larger part of the prison population, they are being housed in a correctional system that was primarily designed for men.
Pregnant Women, Junk Science, and Zealous Defense
A new Illinois statute, the first of its kind in the United States, permits postpartum depression and postpartum psychosis to be considered a mitigating factor at sentencing for crimes committed when women are suffering from these illnesses. Defense attorney Barry Lewis writes that although this legislation is limited in scope (when compared to laws in other countries), the hope is that it will serve as a model for similar or broader laws in other states.
