Author: cloakendagger

One of the biggest misconceptions among the lay population is the role of the Miranda advisement in the criminal justice system. This comes from the inaccurate way in which most TV programs address Miranda. In shows like Law & Order, the police...

Two days ago the National Public Radio show “On The Media” had an excellent radio program on the same topic as my blog last week. The interviewer did an excellent job of covering both sides of the topic. Included in her piece are interviews with attorneys...

The South Dakota Supreme Court issued an opinion late last week that highlights some of the problems and injustices that occur within the criminal justice system. It is truly sad when a person such as the defendant, Jason Toben, must sit in prison...

It is pretty common to hear people complain about there being too many lawyers. For whatever reason, many folks seem to think there are too many of us. What most of those folks seem to forget is that lawyers are subject to the same economic forces...

This morning the United States Supreme Court reversed a defendant’s conviction and vacated his 20 years sentence in a federal felony drug case. The case is Burrage v. United States and it should be considered a substantial victory for defendants in...