Expert Analysis

• Acquitted Conduct Should Not Be Considered At Sentencing

  

  Congress should advance the Prohibiting Punishment of Acquitted Conduct Act, which seeks to explicitly preclude federal judges from a practice that effectively eliminates the democratic role of the jury in the criminal justice system, says Robert Ehrlich, former governor of Maryland.

• Thank A Female Veteran With Access To Legal Services

  

  Women returning from military deployment often require more legal assistance than their male counterparts, and Congress can alleviate some of these burdens by passing the Improving Legal Services for Female Veterans Act, says Rep. Susan Wild, D-Pa.

• California Should Embrace Nonlawyer Providers

  

  Despite criticisms from the legal profession, a California proposal to allow some legal service delivery by nonlawyers is a principled response to the reality that millions of Americans currently must face their legal problems without any help, says Chris Albin-Lackey, legal and policy director at the National Center for Access to Justice.

• Calif. Law Offers New Hope For Child Sexual Abuse Victims

  

  The recent passage of A.B. 218 in California — extending the statute of limitations for child sexual abuse cases — will pose challenges for the justice system, but some of the burdens posed by abuse will finally be shifted from survivors to accused abusers and the organizations that enabled them, says retired Los Angeles Superior Court judge Scott Gordon.

• Core Rights Of Accused At Issue In High Court's New Term

  

  The U.S. Supreme Court's upcoming decisions in several criminal cases this term will determine whether certain rights of the accused — some that many people would be surprised to learn are unsettled — are assured by the Constitution, say Harry Sandick and Jacob Newman at Patterson Belknap.

• Bill Limiting Forced Arbitration Is Critical To Real Justice

  

  Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.

• 3 Ways DOJ Is Working To Improve Justice In Indian Country

  

  As both a federal prosecutor and a member of the Choctaw Nation, I am proud of the U.S. Department of Justice's current efforts to address crime in Indian Country while respecting tribal sovereignty, says Trent Shores, U.S. attorney for the Northern District of Oklahoma.

• Rules Of Evidence Hinder #MeToo Claims In Court

  

  If women and men who bring sexual harassment allegations in court will ever have a level playing field with their alleged harassers, the rules regarding what evidence is relevant in a sexual harassment trial must be changed, says John Winer at Winer Burritt.

• Sealing Marijuana Convictions Is A Win For Justice System

  

  As a result of a novel class action, hundreds of New Yorkers' old convictions for marijuana-related crimes are being sealed, an important step toward a more equal justice system where the needless collateral consequences of marijuana criminalization are eliminated, says Manhattan District Attorney Cy Vance Jr.

• DOJ's Latest Effort To Undermine Impartial Immigration Bench

  

  The U.S. Department of Justice's recent petition to decertify the National Association of Immigration Judges on the grounds that members are “management officials” and precluded from unionizing is part of a continuing effort to curb judicial independence in immigration court, says former immigration judge Jeffrey Chase.

• Electronic Monitoring Technology Must Be Regulated

  

  Based on my research into the electronic monitoring technologies that are increasingly becoming part of the criminal justice system, it is clear that they must be regulated, just as medical devices are, says Shubha Balasubramanyam of the Center for Court Innovation.

• What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• Addressing Health Care Liens In Sexual Assault Settlements

  

  When litigating sexual assault cases that result in settlement, plaintiffs attorneys should thoroughly investigate how the plaintiff's medical bills were paid, and proactively prepare for insurers' potential health care liens, says Courtney Delaney of Epiq.

• 2nd Circ.'s Approach To Bail Is Backward

  

  The Second Circuit's decision in United States v. Boustani correctly identifies the dangers of a "two-tiered" bail system, but the proper solution is to make bail more accessible to everyone, not to fewer people, says Alexander Klein of Barket Epstein.

• Death Penalty Return May Undermine Criminal Justice Reform

  

  The last two years have been a watershed moment for bipartisan criminal justice reform, but with one swift edict — the July 25 announcement that federal executions will be reinstated after 16 years — the Trump administration risks throwing this forward momentum into reverse, says Laura Arnold of Arnold Ventures.