Principles of a lower court's discretion according to SCOTUS

The decision in Beard, comparing the per curiam (unsigned) opinion in Michigan v. Fischer, Stevens and Sotomayor dissenting (opinion here); the Court swoops in to reverse the trial judge and appellate affirmation in Fischer ruling in favor of suppression motion while in Beard narrowly holds on the basis that discretion in the lower courts ought to be preserved.

Makes sense as long as one does not take into account principle too strongly.

Getting Down to Business

Reviewing some posts from Doc's place I could not help thinking that here is where we are (the greatest prison nation), and unfortunately, here is where we are going (same direction).

Effective Assistance of Counsel

Here at this link is an article one kind reader called attention to. Called Effective Assistance of Counsel and Consequences of Guilty Pleas (2002), it represents slow if steady progress in the study of criminal law in general, and one of the pillars thereof, the right to a lawyer for your defense, which often means nothing more than advice to take a plea if you don't want to go to jail for a much longer time, pay out your life savings for legal fees, and/or both.

Biggest Growth Industry?

The biggest growth industry amid the economic cliff hanging? Alan Dershowitz (writing in Newsweek) tells us, here.

Annual Review, Criminal

For housekeeping purposes and future review and research, here is a link to a "terrific" summary of the USSC term as compiled by Prof. Rory Little of Hasting Law.

Criminal Law Blog

Kent's Crime and Consequences needed to be moved into the best crime and criminal category.