When used properly, peremptories are one of the most important tools defendants have in getting a fair jury.
* Driving while caffeinated — still not illegal. [Lowering the Bar]
* How harshly should employers who violate safety regulations be treated? [Lawyers, Guns & Money]
* What do Justice Eakin’s scandalous emails teach us about ourselves? [Law and More]
* Best practices for researching judges and juries. [Lawyerist]
Judge Alex Kozinski explains that a lot of fault for our messed-up criminal justice system lies with judges and prosecutors.
How can we address the threat of overly broad criminal statutes?
A jury is most likely to find people guilty the more they’re doing something that the jurors themselves think of as not funny and, in fact, really quite repugnant.
* There’s a guy called the “Good-Grammar Bandit” out there and he’s a high priority target of the FBI? Allow me to take this opportunity to tell the FBI their doing a good job. [Lowering the Bar]
* Some folks have asked me incredulously about yesterday’s Non-Sequiturs item about Louisiana and Oregon allowing convictions with non-unanimous juries. So here’s some background on how that came to be. [Constitutional Accountability Center]
* Speaking of Louisiana, a lawyer has filed suit against Morris Bart, a major personal injury law firm, for unpaid wages. From what we’re hearing this may be the tip of the iceberg for these sorts of allegations — lots of people have been leaving the firm recently and that’s a recipe for complaints going both ways. [Louisiana Record]
* Florida may not regulate real guns any time soon, but one 11th Circuit judge is ready to regulate the hell out of shotgun pleadings! [South Florida Lawyers Blog]
* Lawyers are bad at social media. They’re bad at social reality, why did we expect them to be good at social virtuality? [CMS Wire]
* ADA’s father was kidnapped (and recovered). Yikes. [WRAL]
* A follow-up on our prior Sriracha lawsuit coverage. [USA Today]
* A look at the legal issues in the most recent episode of Agents of S.H.I.E.L.D. If you saw it (and Captain America to the extent they are intertwined), you know there were some heavy legal issues at play. [Legal Geeks]
* Want to see a really terrible version of 12 Angry Men? Watch it in Louisiana or Oregon, the two states that allow criminal convictions even when jurors are holding out. The Supreme Court has an opportunity to fix that, let’s see if they will. [Constitutional Accountability Center]
* Speaking of 12 Angry Men, this chart of the Dungeons & Dragons alignments of each juror is entertaining. [Imgur]
* The judge in the Janice and Ira Schacter kerfuffle invoked Above the Law in her decision as proof that the accusations against Ira Schacter were in the public eye. Thanks for specifically promoting us over the rest of the NY media Justice Laura Drager! [NY Post]
* Watch a bunch of law students talk about cats on Facebook. Will it end in douchebag posturing and threats of lawsuits? Of course it will! [Legal Cheek]
* “Volunteer Liquor Commissioner” was disciplined for operating a Facebook page for people complaining about the police. He’s suing. Better question is what does a “Volunteer Liquor Commissioner” even do? [IT-Lex]
* Allegations that Disney ripped off the trailer for Frozen from an animated short. They should really let it go. [Hollywood Reporter]
* Chief Justice John Roberts says he’s a minimalist. He’s wrong. [Election Law Blog]
* Microsoft stopped supporting Windows XP. The IRS decided to keep going with the old product. So now your tax records are at risk. Enjoy the fruits of budgeting with anti-IRS legislators! [TaxProf Blog]
* A Pennsylvania newspaper just retracted its 1863 editorial panning the Gettysburg Address. Civil War CYA is all the rage these days. First Mississippi outlaws slavery, now this. [NBC News]
* “Man fired cannon during dispute.” That sums it up. [My FoxNY]
* Kai the Hatchet Wielding Hitchhiker indicted for the murder of an elderly lawyer. His defense should invoke his maxim “even if you make mistakes you’re lovable.” [Huffington Post]
* The man who shot and killed Renisha McBride was charged with second-degree murder, manslaughter, and a felony firearm charge. [CBS Detroit]
* Chief Judge Jonathan Lippman needs to give up this dumb quest to change New York law to keep his job. [Overlawyered]
* Anti-religious jury tactics in intellectual property cases. Jesus! Or, not Jesus. Or, whatever. [Patently-O]
* Law is complex and nuanced and that’s a good thing. [Popehat]
* A follow-up on a previous item. Election fraud complaint dismissed in the case of Machiavellian Alabama Greeks. [Chronicle of Higher Education]
* Speaking of the Gettysburg Address, here’s how it would go down with modern political consultants per the great Bob Newhart. Routine after the jump… [YouTube]
Juror B37 has had a crazy couple of days, and her story tells us a lot about how juries behave.
People watch short videos to learn pretty much everything. And they do it exactly when they need to learn – whether it’s to tie a bow tie an hour before a wedding or make a martini just before the party starts. Hotshot is bringing that concept to the legal industry. We think you should be […]
Juror misconduct by internet can lead to mistrials, and it’s becoming increasingly (and unfortunately) more common. Last month the Vermont Supreme Court overturned an unsettling child sexual abuse conviction because the juror conducted his own research about the Somali Bantu culture central to the parties in the case. What a mess…