Last week, the South Dakota Supreme Court issued a pair of decision upholding severe sentences.  In State v. Shelton, the Court upheld a 25 year sentence for a defendant convicted of three relatively minor drug distribution offenses.  In State v. Klinetobe, the defendant received life in prison without the possibility of parole for aiding and abetting first degree manslaughter.  Both defendants argued that their sentences were cruel …

This afternoon I was researching an issue involving a very modern trend: the trafficking of medical marijuana from states where it is legal to those where it is not. As I searched for case law to help my client, I stumbled upon a Colorado case from 1942, Payne v. People. It is the kind of case that is a marvel to read. Its language is antiquated. It openly and unabashedly projects the prejudice and racism of our past. And, in the end, it shows that certain princi…

Recently I blogged about the lack of political discourse in our recent campaigns about the crushing financial and social burden caused by the overcriminalization and overincarceration of people in this country. It has been a topic that has been largely ignored by politicians because they fear being considered “soft on crime.” However, that does not mean the topic is being completely ignored by policy makers. I was catching up on reading over the Thanksgiving Day …

In the same vein as recent posts on this blog, the New York Times has an excellent article on the financial and societal costs of lengthy prison sentences for non-violent drug offenses: http://www.nytimes.com/2012/12/12/science/mandatory-prison-sentences-face-growing-skepticism.html?adxnnl=1&emc=eta1&adxnnlx=1355346297-vJTHk8jMY5jg6VRF0aT8Ng

In recent weeks, a number of folks have called and asked me questions about the confusing world of criminal procedure. The most frequent areas of concern pertain to preliminary hearings, grand jury indictments, and post-arrest arrest warrants. The typical scenario goes something like this: A person is charged with a crime and goes to the first court hearing. He or she is handed a criminal complaint and told to come back for another court hearing, usually called a…