10 hours ago
#TACDL doesn't just fight in the trenches of the courts, they fight all the way to the top. September 14th, 2018 is the day that this fight goes down. Who's with us? #whereeverjusticedemands
EDIT: ADDED:
www.themarshallproject.org/2018/08/13/why-tennessee-is-challenging-the-doj-s-ethics?utm_medium=em...
"Meanwhile, in Tennessee, prosecutors are quietly waging a similar war; there, federal and state prosecutors have pushed to reverse a new interpretation of an ethical rule that requires prosecutors to turn over all evidence favorable to a criminal defendant.
We know that prosecutors and their professional associations almost universally play whack-a-mole to beat back burgeoning proposals to provide consequences—any consequences—for misconduct and the misuse of power. So the situation in Tennessee is both encouraging and delicate: (1) at this juncture, the Tennessee Board of Professional Responsibility has done the right thing, adopting an opinion that requires disclosure of all favorable evidence and not just “material” favorable evidence; and (2) according to a local report, “[t]he board has agreed to hear the prosecutors’ arguments” about repealing this opinion in September."
www.prosecutorialaccountability.com/2018/08/02/tn-prosecutors-resist-state-bars-ethical-ruling/
» TN: Prosecutors Resist State Bar’s Ethical Ruling
prosecutorialaccountability.com
TN: Prosecutors Resist State Bar’s Ethical Ruling by Bert | Aug 2, 2018 | Tennessee The prosecutorial profession seems to have a particular distaste for accountability, the irony of which is not los...2 days ago
Sunday reading - NACDL report on the death of the trial.
www.nacdl.org/trialpenaltyreport/
This report is the product of more than two years of careful research and deliberation. In it, NACDL examines sentencing and other data underlying the fact that, after a 50 year decline, fewer than 3% of federal criminal cases result in a trial. With more than 97% of criminal cases being resolved by plea in a constitutional system predicated upon the Sixth Amendment right to a trial, the fact of imbalance and injustice in the system is self-evident. The report identifies and exposes the underlying causes of the decline of the federal criminal trial and puts forth meaningful, achievable principles and recommendations to address this crisis. With its release, NACDL intends to launch a sustained effort to rein in the abuse of the trial penalty throughout federal and state criminal justice systems. The Trial Penalty report, and the principles and recommendations it puts forward, seeks to save the right to a trial from extinction.
nacdl.org
The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so se...
