Comments on: 8 simple rules… http://apublicdefender.com/2008/04/19/8-simple-rules/ Sat, 11 Oct 2008 03:33:23 +0000 http://wordpress.org/?v=2.6.2 By: Gideon http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-27282 Gideon Wed, 23 Apr 2008 01:13:17 +0000 http://apublicdefender.com/?p=1151#comment-27282 LJS, thanks for the comment. Did you see that there's a very interesting case scheduled for argument in the CT Supreme Court next month on suggestive IDs? I might go watch it. LJS, thanks for the comment.

Did you see that there’s a very interesting case scheduled for argument in the CT Supreme Court next month on suggestive IDs? I might go watch it.

]]> By: LJS http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-27240 LJS Tue, 22 Apr 2008 21:15:19 +0000 http://apublicdefender.com/?p=1151#comment-27240 All custodial interrogations and in-station interviews should be recorded from start to finish. Failure to record should result in an adverse inference instruction (see Mass' Comm. v. DiGiambattista). Show-up IDs should be suppressed unless there is a genuine exigency. Defense expert testimony should be admitted under the same flexible standard as testimony by police "experts" about gangs, drug deals, etc. Courts should not make rules (like CoA) based on assumptions about what jurors know, believe, or assume -- the prosecution should have to show, with peer-reviewed scientific data or statistically valid polls whether rules like CoA are necessary. All attorneys and judges should take some basic classes in psychology (heuristics, memory, & perception), statistics, and the scientific method. All custodial interrogations and in-station interviews should be recorded from start to finish. Failure to record should result in an adverse inference instruction (see Mass’ Comm. v. DiGiambattista).

Show-up IDs should be suppressed unless there is a genuine exigency.

Defense expert testimony should be admitted under the same flexible standard as testimony by police “experts” about gangs, drug deals, etc.

Courts should not make rules (like CoA) based on assumptions about what jurors know, believe, or assume — the prosecution should have to show, with peer-reviewed scientific data or statistically valid polls whether rules like CoA are necessary.

All attorneys and judges should take some basic classes in psychology (heuristics, memory, & perception), statistics, and the scientific method.

]]> By: Gideon http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-26661 Gideon Sun, 20 Apr 2008 15:30:47 +0000 http://apublicdefender.com/?p=1151#comment-26661 1. Agreed! Sounds like a good idea. 2. Even better! It's more bolstering. 3. I thought two weeks was appropriate. How many prosecutors do you know that you'd want handling your cases for more than 2 weeks? 1. Agreed! Sounds like a good idea.

2. Even better! It’s more bolstering.

3. I thought two weeks was appropriate. How many prosecutors do you know that you’d want handling your cases for more than 2 weeks?

]]> By: John http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-26643 John Sun, 20 Apr 2008 14:39:22 +0000 http://apublicdefender.com/?p=1151#comment-26643 How about "Legislators should have to spend two weeks shadowing a prosecutor and two weeks shadowing a PD before proposing or voting on bills affecting the criminal justice system." And "The Constancy of Accusation hearsay exception must be abolished." And I'd make prosecutors spend more than 2 weeks in our shoes. 2 weeks is not enough! How about “Legislators should have to spend two weeks shadowing a prosecutor and two weeks shadowing a PD before proposing or voting on bills affecting the criminal justice system.”

And “The Constancy of Accusation hearsay exception must be abolished.”

And I’d make prosecutors spend more than 2 weeks in our shoes. 2 weeks is not enough!

]]> By: Gideon http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-26517 Gideon Sun, 20 Apr 2008 01:18:21 +0000 http://apublicdefender.com/?p=1151#comment-26517 That would have been a long, long comment. Besides, this way, you get two links from me. What do you have against sunbathing? Can't think of a better way to spend a Saturday: sunbathing and season finales of Doctor Who and Torchwood. Yum. That would have been a long, long comment. Besides, this way, you get two links from me.

What do you have against sunbathing? Can’t think of a better way to spend a Saturday: sunbathing and season finales of Doctor Who and Torchwood. Yum.

]]> By: SHG http://apublicdefender.com/2008/04/19/8-simple-rules/#comment-26515 SHG Sun, 20 Apr 2008 01:15:00 +0000 http://apublicdefender.com/?p=1151#comment-26515 That's good stuff. How come you didn't come add to my list? And too bad about interrupting your sunbathing, princess. That’s good stuff. How come you didn’t come add to my list? And too bad about interrupting your sunbathing, princess.

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