Doug Berman at Sentencing Law and Policy has an interesting post on the troubling implications of a recently released report by the U.S. Sentencing Commission indicating that the post-Booker increase in sentencing discretion has led to an increased correlation between sentence length and “the demographic characteristics” of some offenders.
Criminal defense
CRIMINALS TO STAY IN JAIL
The Tavares Hunt case has cast a bright light on to the little-reported, yet frequent practice of the Chicago Police pulling prisoners out of jail for questioning solely at their discretion. The First District Appellate Court has put an end to the revolving door at the Cook County Jail, now mandating that all officers will have to go before a judge PRIOR to transporting the individual for questioning. It is hard to believe this practice was allowed for so long, as the constitution implications are obvious, as well as the fact that most of the inmates had lawyers who were purposely left unaware of the interrogations. No one is arguing against questioning inmates when necessary, but it is imperative that it is done by the letter of the law and in the light of day so that justice can be served without rights being infringed.
Losing his touch?
Originally written on January 4th
With news of Patrick Fitzgerald releasing names of confidential sources to the media in his fraud case, one would think that the top federal prosecutor in Chicago may have jumped the starting gate again. After a long and methodical prosecution in the Valerie Plame case, Pat Fitzgerald prematurely held a press conference on the Blagojevich investigation, causing political chaos and jeopardizing the case against the embattled governor. UPDATE: Blago lawyer Edward Genson said in a motion Thursday that the news conference Patrick Fitzgerald held announcing the charges was so filled with prejudicial publicity that the prosecutor should bow out. It is incredible that any party, most especially the prosecution, would make comments during the pretrial period which would impinge on the presumption of innocence. After a review of the tapes, it appears the talk of selling the senate seat by Gov. Blagojevich may have been just that, talk. Patrick Fitzgerald should have stated what he expected the evidence gathered in the investigation to show, but his added commentary and insinuations were out of line and carry dire consequences for the residents of Illinois, the nation, and the judicial system. The question for debate is: Did Fitzgerald speak too soon or simply say too much?
THOMAS C. BRANDSTRADER
Thomas Brandstrader is one of a select group of highly qualified lawyers to be certified by the Illinois Supreme Court as lead counsel in death penalty cases. In addition to 30 years in the practice of criminal law and extensive trial work, Mr. Brandstrader has exceptional appellate court experience. He has had the distinct opportunity to orally present his arguments and issues to both the Illinois Appellate and Supreme Courts. He has authored over two-hundred briefs and appeared in every appellate district in Illinois as well as the Seventh and Ninth Circuit Court of Appeals. His expertise includes all areas of criminal defense and appellate practice. Mr. Brandstrader has received an AV rating from Martindale-Hubbell, their highest attorney rating. Mr. Brandstrader has been recognized by Leading Lawyers Network as a preeminent attorney in the field of Criminal Appellate Law.
Illinois Appeals & Post Convictions 
You must be logged in to post a comment.