Some of the trials lasted no more than five minutes. None of the Santee Dakota Indians – most who had no command of the English language – had interpreters, counsel, or the ability to call witnesses in their defense.

Meet Marcel Johnson

We are in the era of electronic discovery and ever-increasing information dumps. Defense lawyers are being provided with responses to discovery requests that contain terabytes of information. How do we advise a client concerning the strength or weakness of the government’s case if we must first examine and organize a terabyte of information?

Criminal defense lawyers stand as a bulwark against the forces that would seek to erase the rights and humanity of people accused of committing a crime. Standing as a fortress takes incredible courage, but the fearlessness of defense advocates is nothing new. History is filled with examples of defenders who risked their careers, reputations, and personal safety to stand up for their clients.

After his conviction, Donald Trump unleashed an unprecedented attack on the American legal system. It is time for defense lawyers to defend the best – though flawed – legal system in the history of the world.

Lawyers must always keep their defense hats on to help identify the biases Generative AI may support and to implement creative safeguards to ensure the presumption of innocence is maintained in courtrooms.

Even as the United States comes to terms with the true motives of the government’s past policy regarding marijuana and even as some states undertake campaigns to legalize, racism still influences the policing of marijuana.

Michael Heiskell says that “when Donald Trump is on trial, so is the rule of law.” The legal proceedings involving Trump serve as a reminder of defense lawyers’ vital role as constitutional warriors who are essential to the sustainability and survival of the legal system.

The judicial shift away from strict protection of Fourth Amendment rights has not been subtle, and the price for this diminution of rights has been severe.

Michael Heiskell interviews a law school professor and former student who were part of a team that was instrumental in convincing the U.S. Army to overturn the 100-year-old convictions of 110 Black soldiers that stemmed from the Camp Logan riots.

That Pressure Almost All Defendants to Plead Guilty

Criminal defense lawyers should think about how their representation changes depending upon whether the prosecutor’s evidence is overwhelming, whether they believe the client is guilty but the prosecutor’s case is shaky, or they believe the client is innocent of the charges.

Issues that resonated in the 1950s – including the struggle for civil rights and racial justice – still occupy us today. One of the things that inspires us to continue fighting for justice is our confidence in the power of redemption.

(But First, Let’s Define What This Means)

The criminal legal system is broken and will remain so until those with power to effect change listen to the people who, for decades, have been marginalized, abused, and victimized by this financially segregated and socially biased system.

Many defense lawyers have experienced prosecutorial misconduct. In confronting the misconduct of prosecutors, defense lawyers must be up to the task of litigating it and making the necessary record to preserve it.

The public’s idolization of the law enforcement industry serves as an impediment to reform. It blinds us from addressing the misdeeds of individual bad actors.