Tag: law

• unconstitutional undermining of a fair trial: the jury instructions and verdict form in the karen reed retrial

  IntroductionIn the retrial of Karen Read, the jury instructions and verdict form presented to jurors were constitutionally defective. These flaws—ambiguity in verdict options, coercive deadlock instructions, and absence of required unanimity safeguards—collectively undermined her due‑process rights under the Fifth and Fourteenth Amendments and the Sixth Amendment’s guarantee of a unanimous verdict. I. Ambiguous Verdict FormJurors…

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• Challenging Police Misconduct in First Amendment Violations

  The First Amendment to the United States Constitution protects fundamental freedoms, including the rights to free speech, peaceful assembly, and the free exercise of religion. These rights are essential to a functioning democracy, empowering individuals to express their views, advocate for change, and challenge authority. However, when law enforcement officers overstep their bounds and infringe…

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• What is an Indictment? A Simple Breakdown of a Complex Legal Term

  Legal terminology can sometimes feel intimidating, especially when high-profile cases dominate the news cycle. One of the terms that often sparks public interest is “indictment.” But what does it actually mean, and how does it fit into the criminal justice process? Let’s break it down in simple, straightforward terms. What is an Indictment? An indictment…

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• Do We Really Have Freedom of Speech?

  When the Founding Fathers drafted the First Amendment, they enshrined the principle of free speech as a cornerstone of democracy. The right to express ideas, even controversial or unpopular ones, without fear of government reprisal is foundational to the concept of liberty. Yet, cases like that of Briana Boston—a Florida woman arrested for a statement…

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• What is jury nullification? Thoughts from a former criminal defense attorney

  In the world of criminal defense, one often comes to appreciate the subtle dynamics at play before a case ever reaches a jury. There’s the careful review of the law, the negotiation of plea deals, the meticulous dissection of evidence, and the strategy sessions on how best to present a client’s story. Amid all these…

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• Your First Amendment Right to Record the Police: A Legal Overview

  The right to record public officials, particularly the police, has gained significant attention in recent years as videos of police encounters have played pivotal roles in public discourse and the pursuit of justice. Many people wonder whether they are legally allowed to record such encounters and, if so, what restrictions may apply. This blog post…

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