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The Anchor Effect at Sentencing

The anchor effect occurs when someone uses a reference (often arbitrary) to gage someone opinion on something. And while the person might not agree with the anchor, research shows these anchors clearly influences peoples opinions. The power anchors have in influencing people’s opinions was first brought to my attention by Daniel Kahneman in his book […]

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Misidentification

Misidentification & Wrongful Convictions According to the Innocence Project misidentification is the leading cause of wrongful convictions. There have been claims that misidentifcation accounts for 60% of the wrongful convictions. Other claims say misidentification accounts for up to 75% of the wrongful conviction. These numbers are probably so high because in many of the serious […]

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The Einstein Theory of Advocacy

The Genius Is In The Simplicity Probably one of the most overlooked skill in advocacy is the value of simplicity. This is especially true of new lawyers. Many new lawyers come out of law school looking for every legal argument they can make, which is not a bad idea. However some of these legal arguments […]

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Attorney General Sessions Demands Max Sentences

During the years of Attorney General John Ashcroft the Department of Justice (DOJ) had a policy to charge defendants with the highest possible charges. They took a tough on crime approach to lock up criminal, and deter crime. However this policy did very little to deter crime, and most criminal charges were minor charges. However […]

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Eye Witness Identification Law

For years criminal defense attorneys, and the innocence project have been advocating that photo lineups should be administered by someone who does not know who the suspect is. This is because by knowing who the suspect is law enforcement officers might suggest which person is the suspect, even if it is not intentional. On June […]

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Juveniles Charged as Adults

Over the past several years there has been an influx of changes with regard to the sentencing of juvenile defendants. Courts are now required to consider the “youthful attributes” of juveniles to consider their level of culpability. Limitations have also been placed on the sentences applicable to juveniles. As a general rule, all juvenile defendants […]

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Myths About The Motion to Dismiss

Debunking Myths About The Motion To Dismiss If an attorney believes the State’s evidence is insufficient to establish each element of the charges, he can file a motion to dismiss under Florida Rules of Criminal Procedure 3.190(c)(4). However this is rarely done due to two myths about the C4 motion to dismiss. The first myth […]

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Public Defender Appoints Governor To Criminal Case

For years Public Defender offices across the county have been underfunded, and unable to give their clients the necessary attention to effectively represent them. However an elected Public Defender from Missouri tried to do something extraordinary about it. He wrote a letter appointing the Governor of the state to a case based on a Missouri […]

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The Adverse Inference & 4th Amendment Challenges

CHALLENGING 4TH AMENDMENT VIOLATIONS The Adverse Inference: Facts That Should Be Construed Against The State Law enforcement officers’ testimony is often times inconsistent with that of the defendant’s. Frequently these inconsistencies could easily be resolved if law enforcement had not failed to gather evidence, which was readily available to them with minimal inconvenience. The Officer’s […]

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The FIFA Prosecution

FIFA ( International Federation of Association Football) is an International soccer league. On May 20th 2015  they indicted 14 executives for a number of crimes including racketeering, money laundering, and wire fraud. The indictment was done by the Attorney General Loretta Lynch who is the highest ranking law enforcement official in the land. The FIFA […]

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