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Due Process

Pros and Cons: Our Criminal Justice System at Work - Podcast

Criminal Law & Procedure Practice Group Podcast
Alex Kozinski, William G. Otis December 08, 2015

Our panelists will discuss the criminal justice system generally, and the role of the prosecutor in particular.  Some argue that, with the weight of the state and its resources on one side, including a deep book of potential crimes, the deck is unfairly stacked against criminal defendants.  Others argue that police and prosecutors act in good faith, and credit them with incapacitating career criminals, trimming recidivism, and causing a plunge in national crime statistics.  Who has the better of the argument?

Featuring:

  • Hon. Alex Kozinski, U.S. Court of Appeals, Ninth Circuit
  • Prof. William G. Otis, Georgetown University Law Center

Ferguson, Baltimore, and Criminal Justice Reform - Event Audio/Video

2015 National Lawyers Convention
Arthur Loevy, Tim Lynch, David B. Muhlhausen, Michael P. Tremoglie, Robert L. Woodson, David Stras, Gail Heriot November 18, 2015

Criminal justice and policing reform are much in the news lately, sparked by events that garner national media coverage. This panel will assess the need for reform, and the road forward. How do media narratives about policing square with the empirical evidence? What are the most effective methods of policing, and how can they best be promoted? What is the proper way to balance police activity and the crime rate? In the current atmosphere, is legitimate police activity chilled? Must law enforcement officers responding to calls pause to consider their potential personal liability?

Civil Rights: Ferguson, Baltimore, and Criminal Justice Reform
12:00 noon – 2:15 p.m.
East Room

  • Mr. Arthur Loevy, Partner, Loevy & Loevy
  • Mr. Tim Lynch, Director, Project on Criminal Justice, The Cato Institute
  • Dr. David B. Muhlhausen, Research Fellow in Empirical Policy Analysis,  Center for Data Analysis, The Heritage Foundation
  • Mr. Michael P. Tremoglie, Former Philadelphia Police Officer
  • Mr. Robert L. Woodson, Sr., Founder and President, Center for Neighborhood Enterprise
  • Moderator: Hon. David Stras, Associate Justice, Supreme Court of Minnesota
  • Introduction: Hon. Gail Heriot, Professor of Law, University of San Diego School of Law

The Mayflower Hotel
Washington, DC

Applying the Rules of Statutory Construction

Short video featuring Carissa Hessick discussing Lockhart v. United States
Carissa Byrne Hessick October 28, 2015

Professor Carissa Hessick of the University of Utah discusses the application of the rules of statutory construction to the case Lockhart v. U.S., in which Lockhart pled guilty to receipt of child pornography.  The trial court enhanced Lockhart’s sentence because of his prior conviction for the sexual assault of an adult woman.  Lockhart objects to the sentencing enhancement, alleging that only prior convictions for crimes involving minors qualify under the relevant statute.  In contrast, the government argues that all prior sex offenses constitute prior convictions for purposes of sentencing enhancement.