The Adnan Syed story had people asking us about the role of prosecutors in preventing wrongful convictions. What should they do and what are their limits? We discuss that and more. Check it out on Apple Podcasts or wherever you get your podcasts.
Tag: Legal Briefs
Legal Briefs 19. Interpreting Statutes
How do judges interpret statutes? What are the different theories about what laws mean? We tackle those questions and more. Check it out here at Apple Podcasts or wherever you get your podcasts.
Legal Briefs 11. Deshaun Watson and Arbitration
In this episode, we tackle some civil law. The arbitrator’s decision in the NFL v. Deshaun Watson case created a firestorm. Why did the arbitrator do what she did, did she get it right, and what’s next? Update: We speculated that the NFL might not want to appeal because no one wants Roger Goodell to hear the case. The NFL did appeal, and Goodell promptly stepped aside. So the appeal will be heard by yet another independent arbitrator. We will keep you informed as this interesting case develops.
Check it out here on Apple Podcasts or wherever you get your podcasts.
Legal Briefs 04. A Fool for a Lawyer: Ineffective Assistance of Counsel
We dive into the standard for ineffective assistance. Just how bad does it have to be for a convicted person to get another trial? The answer? Pretty bad. Find it on Apple here or wherever you listen to podcasts.
Legal Briefs 03. The Lawyer Dog
Did a man really miss out on a lawyer because he asked for a “lawyer, dog” instead of just asking for a “lawyer”? And we read an insightful email on the Dammion Heard case. For more on the need to clearly invoke your right to a lawyer, read Davis v. United States, which held:
We decline petitioner’s invitation to extend Edwards and require law enforcement officers to cease questioning immediately upon the making of an ambiguous or equivocal reference to an attorney… [W]e held in Miranda that a suspect is entitled to the assistance of counsel during custodial interrogation even though the Constitution does not provide for such assistance. We held in Edwards that, if the suspect invokes the right to counsel at any time, the police must immediately cease questioning him until an attorney is present. But we are unwilling to create a third layer of prophylaxis to prevent police questioning when the suspect might want a lawyer. Unless the suspect actually requests an attorney, questioning may continue.