Expert Analysis

• Keep Your Client Out Of The Courtroom During Voir Dire

  

  With Harvey Weinstein's defense team raising allegations of undisclosed bias among the jurors who convicted him, it's a good time to examine why it may be best if your client is not present during the jury selection process, says Christina Marinakis at Litigation Insights.

• Justices' Border Patrol Ruling Could Extend To US Citizens

  

  The U.S. Supreme Court’s decision in Hernandez v. Mesa, barring a Mexican family’s remedies for the fatal cross-border shooting of their son by a federal agent, sweeps broadly toward curtailing constitutional remedies for similarly aggrieved U.S. citizens, says Cori Alonso-Yoder at American University Washington College of Law.

• Weinstein Verdict May Signal Big Step Forward For #MeToo

  

  That a New York state jury convicted Harvey Weinstein of sexual assault and rape — in the absence of substantial corroborating evidence and despite challenges to the accusers' credibility — suggests that society has turned a corner, says professor Stephen Gillers at NYU School of Law.

• Justice Denied For A NY Domestic Violence Survivor

  

  New York's Domestic Violence Survivors Justice Act was enacted to reduce sentences for people like Nicole Addimando, who was just given 19 years to life in prison for killing her sadistically abusive partner, so the court’s failure to apply it here raises the question of whether it will be applied at all, say Ross Kramer and Nicole Fidler at Sanctuary for Families.

• Arbitration Is A Flawed Forum That Needs Repair

  

  While arbitration is a good vehicle for ensuring timely dispute resolution, the existing system lacks protections for workers and consumers, and legislative efforts to outlaw forced arbitration prove it’s time to finally fix it, says Gerald Sauer at Sauer & Wagner.

• Sentencing Insights From A Chat With Judge Nancy Gertner

  

  While many judges say there isn’t much criminal defense attorneys can do at sentencing hearings, retired U.S. District Judge Nancy Gertner — an outspoken critic of the federal sentencing guidelines — disagrees, says criminal defense attorney Alan Ellis.

• Rigged Forfeiture Law Seizes Property In 4 Steps

  

  Nationwide, law enforcement agencies rely on a four-pronged attack to generate billions of dollars in civil forfeiture revenue to use for police perks, depriving defendants of property without due process of law, says Daryl James of the Institute for Justice.

• To Honor The Promise Of Liberty, Reform Pretrial Detention

  

  As criminal justice reform advocates focus on the critical need to reduce unjust pretrial detention, jurisdictions must commit to a range of policy changes that include, but also go beyond, risk assessments, says former Wisconsin Judge Jeffrey Kremers.

• USCIS Work Proposals Add To LGBTQ Asylum Seekers' Risks

  

  Pending U.S. Citizenship and Immigration Services proposals to prolong employment ineligibility and charge for employment authorization documents would be particularly detrimental to already-vulnerable LGBTQ asylum seekers, says Richard Kelley at the DC Volunteer Lawyers Project.

• Understanding What Restorative Justice Is And Isn't

  

  A hearing in the Jeffrey Epstein case featuring victim impact statements and a White House meeting between a hit-and-run driver and the victim's parents have been described as restorative justice, but the reality is more complex, says Natalie Gordon of DOAR.

• 5 Most-Read Access To Justice Law360 Guests Of 2019

  

  On topics ranging from public trial rights to electronic monitoring technology to the rules of evidence in the context of sexual harassment trials, 2019 brought a wide array of compelling commentary from the access to justice community.

• Inside The Key Federal Sentencing Developments Of 2019

  

  Raquel Wilson, director of the U.S. Sentencing Commission’s Office of Education and Sentencing Practice, discusses this year's developments in federal sentencing, including new legislation in the Senate and U.S. Supreme Court cases invalidating certain statutes.

• ODonnell Consent Decree Will Harm Criminal Justice In Texas

  

  In Odonnell v. Harris County, a Texas federal court ordered that misdemeanor offenders could be released without bail, marking a fundamental deterioration of the Texas criminal justice system, says attorney Randy Adler.

• Judges Cannot Rehabilitate Offenders With Extra Prison Time

  

  Although they may mean well, federal judges should stop attempting to help criminal defendants get into drug rehabilitation programs by unlawfully sending them to prison for longer than their recommended sentences, says GianCarlo Canaparo at The Heritage Foundation.

• Time To Rethink License Suspensions Without Due Notice

  

  In North Carolina, one in seven adults has a suspended driver’s license, but our research suggests that many of them never received actual notice of their license suspension, or of the court proceeding that led to it, making this a fundamentally unfair sanction, say Brandon Garrett, Karima Modjadidi and William Crozier at Duke University.