Crimes, Courts, and Cops

A lawyer's perspective on the pursuit of justice.

by Jim Silver

Misplaced Faith In Expert Witnesses?

For many years, forensic science has played a prominent role in criminal trials. Experts for both the prosecution and the defense routinely come to court and tell jurors about all kinds of evidence: DNA, drug analysis, fingerprints, writing samples, tool-marks, bite marks, hair samples and many others. That makes sense, doesn't it? Read More

Grand Jury: Safeguard or Rubber Stamp?

The high-profile case of Danroy "D.J" Henry Jr., the college student who was killed last year by police officers, brings into sharp focus the role of the grand jury in our system of criminal justice. Read More

The Cyberpath to Crime

Since you are doing me the courtesy of using the Internet to find my blog, I feel that I should extend you a courtesy by letting you in on a little secret: the Internet can turn you into a criminal. I know, wild idea, but I've seen it. Read More

Everyone's a Criminal

Yes, even you.

And, no, I'm not talking about civil infractions and speeding tickets; I'm talking about theft, assault, and fraud, among many others. (I'm leaving out drug crimes—that would just be too easy). Read More

Is It Wrong For Prosecutors To Try Too Hard?

Recently, it's been in the news that federal prosecutors used jury consultants in a terrorism trial. Essentially, jury consultants are hired to advise lawyers on what type of jurors to select and to give advice - gleaned from polling, the use of mock juries, etc. - regarding what arguments are most likely to be persuasive to these jurors. Read More

Death, Taxes . . . and DNA?

There's no way this scumbag didn't do it. We've got three freaking people who heard them arguing in the apartment twenty minutes before they heard the screams and dialed 911. Now the lab tells me that that there's only the girl's blood on the knife, no DNA from this asshole . . . The door is wide open for him to argue that someone came in after he left and did the stabbing. Read More

Not Just Another Shooting in the Hood

The gruesome massacre at Fort Hood, Texas, the country's largest military base, raises an enormous number of questions, not the least important of which is: who will investigate and prosecute the alleged shooter, Maj. Nidal Malik Hasan? Read More

Mind Reader?

"Was the teacher in the second row taking notes when I was talking?" "I'm pretty sure the retired guy in the front was nodding for that part." "Is she just closing her eyes or is she actually sleeping?"

These, ladies and gentlemen, are the actual thoughts running through a lawyer's brain when he or she is standing in front of a jury. Trust me, we're not thinking great legal thoughts, ruminating over case law or setting up the decisive Perry Mason moment where "the truth is finally revealed!" Read More