Constitutionally Required @cfitzhar
Seattle native. AFPD in Seattle and formerly Detroit. Russian speaker. @middlebury and @umichlaw alum. SEA➡️VT➡️Siberia➡️A2➡️CLE➡️SF➡️DET➡️ SEA. Dog mom. Seattle, WA Joined March 2016-
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An intern asked me if a statute was the kind where “and” means “and,” or if it was a case where “and” means “or.” Sadly, it’s a fair question.
Unfortunately, last Friday, the Advisory Committee on the Federal Rules of Evidence did not pass @BellinJ’s excellent proposal for amending Rule 609 (see below). Ultimately, it seems that opposition from the DOJ proved to be the primary sticking point preventing change. (1/12)
Unfortunately, last Friday, the Advisory Committee on the Federal Rules of Evidence did not pass @BellinJ’s excellent proposal for amending Rule 609 (see below). Ultimately, it seems that opposition from the DOJ proved to be the primary sticking point preventing change. (1/12)
FCI Dublin prison closure: Women describe horrific journey across U.S (via KTVU ) ktvu.com/news/fci-dubli…
A short federal court order out of Oakland says there’s “strong evidence” that prosecutors there, for decades, automatically excluded black and jewish jurors from death penalty cases. oaklandside.org/2024/04/22/ala…
An absolute bombshell. Alameda County prosecutors allegedly kept Black people and Jews off juries in murder cases, believing they would not convict if the death penalty was in play. Now dozens of capital cases from prior decades must be reviewed. oaklandside.org/2024/04/22/ala…
USSC also joined together to revise its policy statement on age, permitting downward departures based on age if appropriate. The Commission will deliver amendments to Congress by May 1, 2024 and barring action from Congress, will go into effect November 1, 2024.
USSC voted unanimously to prohibit federal acquitted conduct from being used in calculating the federal sentencing guideline range, as well as other reforms relating to gun and financial crimes.
Another really good thread picking apart DOJ’s attempt to maintain the status quo. Many of these arguments are laughable, but that won’t stop them from being adopted because DOJ gets an undeserved presumption of neutrality.
Another really good thread picking apart DOJ’s attempt to maintain the status quo. Many of these arguments are laughable, but that won’t stop them from being adopted because DOJ gets an undeserved presumption of neutrality.
NEW: The Appeal has published the first national database of prison commissary prices. The project covers 46 states, revealing an exploitative system that forces incarcerated people to pay up to 5x the outside price for some items. theappeal.org/locked-in-pric…
The provocative article expresses so well the tension between prosecutors’ professed interest in justice and safety and reality.
The provocative article expresses so well the tension between prosecutors’ professed interest in justice and safety and reality.
JOB ALERT: Come work with me! The MDefenders program @UMichLaw is hiring an assistant program director to help grow and expand our innovative programming to support public defense. Details here: careers.umich.edu/job_detail/247…. Please help me spread the word.
This really is an exciting proposal!
this absolutely tracks with what I see day to day working in a deep blue county, pretrial detention is heavily normalized
this absolutely tracks with what I see day to day working in a deep blue county, pretrial detention is heavily normalized
Closing a prison marred by scandals of sex abuse does not solve what led to this problem in the first instance. Neither does transferring women to other facilities (sex abuse happened in 2/3 prisons housing women) Independent oversight is the only cure. ktvu.com/news/fci-dubli…
He got a college degree in prison. Now he’s off to a prestigious law school: "In a historic achievement, Benard McKinley, 39, was accepted to Northwestern Pritzker School of Law in Chicago" Read more from @gaoladipo for @GuardianUS 👇🏼 #SecondChanceMonth buff.ly/3VPg9Ml
On the one hand, I understand the outrage over Judge Cannon's screwy rulings and off the wall questions in the Florida documents case. On the other, this is how like 35% of trial court judges routinely treat criminal defendants.
I’m excited to read some of these essays. They should be required reading.
I’m excited to read some of these essays. They should be required reading.
One lesser known fact of criminal justice reform is that some of safest people to release from prison are those serving long sentences. When lifers are released, the recidivism rate is miniscule. For this group of 200 California lifers its literally 0%. mailchi.mp/6df56abb9e3a/o…
It's been a really long day already, trying not to introduce ambiguity into my writing with "and."
The 6 justices in the majority in Pulsifer can't claim w/a straight face that they're textualists. They are, instead, ardently pro-govt in criminal cases no matter the statutory language. The Gorsuch dissent (joined by Jackson and Sotomayor) is pure 🔥. supremecourt.gov/opinions/23pdf…
Alyssa Leader @alittleleader
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37K Followers 2K Following she/her. Civil rights lawyer. Former public defender. Currently deputy legal director, National ACLU. My views here, not my employer's or anyone else's.@cfitzhar It's easy to decipher. Just determine which reading most helps the government.
DOJ can always be counted on to oppose criminal justice reform measures that make the job of prosecutors harder, even if those reforms would make everything else better. See this piece by Mark Osler and me: scholarship.law.wm.edu/cgi/viewconten…
Unfortunately, last Friday, the Advisory Committee on the Federal Rules of Evidence did not pass @BellinJ’s excellent proposal for amending Rule 609 (see below). Ultimately, it seems that opposition from the DOJ proved to be the primary sticking point preventing change. (1/12)
I think I could write a really fun article about federal scienter elements and the Gettier problem. But it would probably be easier if I just emailed or tweeted it because only 3 or 4 people would appreciate it
Of all the witnesses I've ever seen brought to court, none are more mendacious than gang experts. Their job is to launder hearsay and opinion into expert testimony, and they, coincidentally, will always say exactly what needs to be said.
The next issue Steel brings up is that this is the second “gang expert” the State has brought, and they are planning to bring 3 more. All of them work for the exact same agency and received the exact same training. Their testimony is repetitive and cumulative. He asks the judge…
“We aren’t offering it to show propensity, your honor. We are offering it to show identity, knowledge, lack of mistake. He’s knowingly possessed contraband before!” -Some AUSA somewhere in America
When a person who has a history of misdeeds volunteers that type of self-serving declaration, the court may decide that presentation to the jury of his or her unrelated prior bad acts is necessary to dispel a misimpression created by the statement. 2/2
Fantastic work by @TheUSSCgov eliminating the use of acquitted conduct at sentencing and recognizing the brain science around youthful offenders. This is an agency guided by science and respectful of the jury's role. You love to see it!
The bipartisan Sentencing Commission voted to promulgate amendments to the federal sentencing guidelines. Press release: ussc.gov/about/news/pre…
I have a tendency to treat prosecutors with the same amount of respect and consideration they show my clients. So if you’re in that office telling your colleagues how awful I am, you may want to look in the mirror. Have fun tho.
this absolutely tracks with what I see day to day working in a deep blue county, pretrial detention is heavily normalized
NEW report: Jail populations have exploded over the last 4 decades while getting almost none of the attention prisons do. It’s clear the US has a reliance on excessive jailing. But how did we get here? 🧵
One of my favorite things about this time of year is getting to recognize some of our fantastic graduating students - read up on just a few of the wonderful @UMichLaw students who are about to enter the legal profession & change it for the better :) michigan.law.umich.edu/news/michigan-…
On the one hand, I understand the outrage over Judge Cannon's screwy rulings and off the wall questions in the Florida documents case. On the other, this is how like 35% of trial court judges routinely treat criminal defendants.
sentencing has gotten so out of control that we've lost all concept of time. 25 years is SO LONG. think about your life 25 years ago.
#SBF gets 25 years...is that enough? (I say "hell no")
There is no “public right to a speedy trial” & law professors should stop saying there is.
I teamed up with (the brilliant) @AWeissmann_ for this essay. Three essential points: 1. DOJ should invoke Justice Alito's 2006 opinion for unanimous Supreme Court recognizing public's right to a speedy trial. 2. At oral argument, "the justices should press Trump’s counsel on…
Amen! Our federal public and community defenders are vital to our federal criminal justice system and deserve proper funding to continue their important (and constitutionally guaranteed) work!
Our statement on the @HouseAppropsGOP funding increase for the Federal Public and Community Defenders:
Happy National Public Defender Day to all my defender colleagues! It was on this day that Gideon v Wainwright was decided. One of the greatest decisions ever. Love this job, one of the few jobs guaranteed by the Constitution. #publicdefender
It's been a really long day already, trying not to introduce ambiguity into my writing with "and."
I regret to say I am one of those dumb people who thinks "and" means "and" and that if there is an ambiguity in the statute, it should favor the accused.
Interesting 6-3 split in Pulsifer v. U.S. Kagan writes for the conservative majority, and Gorsuch for the liberal dissenters. supremecourt.gov/opinions/23pdf…
Good morning PD twitter. Looking for an example case today to explain why prox should not be in charge of deciding what is Brady. Have you ever had a case where you could clearly see why a thing was exculpatory, but they couldn't/didn't bc they lack your expertise?
Had the lovely pleasure of meeting @ekownyankah, @LenNiehoff, and @jdmortenson tonight at the same time! Super glad to be here to talk for Women’s Week at @UMichLaw.
Someone here told me that, reading legal scholarship they usually find themselves 1) intellectually stimulated or 2) moved, but that reading Shamed they experienced both at the same time. That’s probably one of the best compliments I could have ever imagined.