Phoenix, AZ — Some crimes are so horrific that a quick death for the perpetrator feels justified. But our criminal justice system has a fundamental flaw: the standard of proof, “beyond a reasonable doubt.” This nebulous term has become a source of injustice, particularly in capital cases. Having witnessed numerous criminal trials, including those where the death penalty was at stake, I’ve seen firsthand the confusion over what “reasonable doubt” really means. It’s a vague standard that varies from one juror to the next. And when the crime is especially heinous, that ambiguity can lead to false convictions. People, naturally outraged by terrible acts, can be eager to punish, and often that means overlooking the very doubt that should protect the innocent. I’ve come to despise the term “beyond a reasonable doubt,” because I’ve watched as innocent people were convicted, and in other cases, where the convicted might have been innocent. Worse, I’ve seen law enforcement and prosecutors...

N Phoenix, AZ —Most of my blog visitors know I’m a longtime criminal defense investigator and have worked on many high profile cases helping the wrongfully accused.   The defense and prosecution is supposed to have parity and equal treatment in the courts but it’s all just pretend.   There is a huge laundry list of issues that work against the accused before their trial even begins.   One thing that troubles me is seeing the same prosecutors in large jurisdictions working every day before the same judges.   They literally sometimes even sleep together. When a criminal defense attorney comes to their court he or she is an outsider and often treated that way.   The police have enormous powers to gather evidence such as the Grand Jury subpoena.  They can arrest those who obstruct investigations, tamper with witnesses and can most importantly obtain search warrants. Defense investigators should just like cops be able to surreptitiously recor...

Chicago, IL —Too many Americans lose sight of the real function of our Criminal Justice System. It’s not about actual guilt, but simply guilt that must be proven beyond a reasonable doubt. If we cannot prove an allegation the accused must go free. That means that there are always going to be some people that get away with murder. We seem to forget that these days only 35% of homicide cases are solved by arrest. Just three decades ago we solved over 80% of the homicides by arresting, convicting and punishing those suspects we grew to hate. I hope you’re wondering why the rate of homicide solution has fallen so low? Technology like DNA, surveillance cameras, data trails we leave with our credit, debit and even those Link or EBT cards handed out to freeloaders, clear suspects routinely. The new technology has eliminated thousands of misidentifications by mistaken or deceitful witnesses. The drastic drop in the solution rate for murder in the last three decades makes it abunda...