The Role Of Victims In Court

Andrew Sullivan has an interesting post today on his blog, The Dish, linking to two articles exploring the role of victims in criminal proceedings. 

One article, by Paul Cassell, discusses moving away from the traditional two-sided model, “State v. Defendant,” to a three-sided model in which victims enforce their own rights (for example, to restitution or compensation) alongside prosecutors acting on behalf of the state.  Cassell argues that “[t]his change is long overdue, as crime victims have their own independent concerns in the process that ought to be recognized.”

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Appealingly Brief! 2013 In Review

Dear Readers: The year 2013 represented the first full year of posts on Appealingly Brief!.  The WordPress.com stats helper monkeys prepared an annual report for the blog.  Thank you for your continued interest and readership in my mere mental musings!

Here’s an excerpt from the annual report:

The concert hall at the Sydney Opera House holds 2,700 people. This blog was viewed about 17,000 times in 2013. If it were a concert at Sydney Opera House, it would take about 6 sold-out performances for that many people to see it.

Click here to see the complete report.


The Evils Of Plea Bargaining, Ctd

It has been a little more than a year since 26-year-old computer programmer wiz Aaron Swartz committed suicide after a federal prosecutor charged him (many say overcharged him) with 13 felonies for hacking into an M.I.T. computer system and downloading old academic journals. Swartz’s suicide renewed a long-running argument about the evils of plea bargaining.

A new documentary about the much-too-short life of Swartz, “The Internet’s Own Boy,” premiered at the Sundance Film Festival last week.  Check out the following teaser for the documentary, and click here for a review of the film in the New Yorker.


The Proud Father

I’m going to violate a cardinal rule and blog not about the law, but about my amazing son, Ari, who is a track star at Hall High School in West Hartford, CT.  I assure you, the genes that are responsible for his athletic prowess come from his mom, not me.  Here’s the headline and first two paragraphs of a great story in the Hartford Courant:

Hall’s Klau Gets More Than He Bargained For With Cabral

January 21, 2014|By MATTHEW CONYERS, mconyers@courant.com, The Hartford Courant

Hall High School junior Ari Klau got a chance to run this summer with his idol, Olympian and former Connecticut high school track standout Donn Cabral of Glastonbury.

Klau just didn’t get the run he had planned. Nearly halfway through their run at West Hartford Reservoir, they came to a fork in a trail and went the wrong way. Soon enough, a simple 50-minute run had become a 14-mile battle of wills with Cabral, one of the best distance runners in Connecticut history.

(Click here for the rest of the story.)


The Final Judgment Rule (Part One)

In light of the recent post on attorneys’ fees and the final judgment rule, I thought I would repost this video-blog entry, one of my first on this blog. The guest appearances by my colleague, Jim Budinetz, and my son (the kid in the back seat of the car), are priceless, IMHO.

Click here for Part Two


Cert Improvidently Granted–An Analysis

The Connecticut Supreme Court recently released a decision dismissing an appeal on the ground that it had improvidently granted certification to appeal from the Appellate Court.  Such a ruling means that the parties to the appeal in the Supreme Court expended a great deal of time and money for, well, nothing.  It also means the justices spent a great deal of time reading the briefs, preparing for and holding oral argument, and perhaps even deliberating about the case for, well, nothing.

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Final Judgments And Attorney’s Fees, Ctd.

Last December I wrote a post about a U.S. Supreme Court case that would consider whether a trial court judgment was final, for the purpose of seeking appellate review, if all issues in a case have been resolved except the issue of contractual attorney’s fees. 

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Discussing the Chris Christie “Bridge” Scandal With Colin McEnroe

Colin McEnroe invited me to join him on his WNPR show this afternoon to discuss the criminal implications, if any, of the growing George Washington Bridge closure scandal enveloping New Jersey governor Chris Christie.  Check out our conversation here (beginning at 41:08 into the program).


Moving Towards A “Proactive” Model For Freedom Of Information

Most freedom of information (“FOI”) statutes are “reactive” in nature.  That is, a person must affirmatively ask the government to disclose a document and the government must then respond.  But there is a growing trend towards a “proactive” FOI model, in which state and local (and federal) governments put their documents online, by posting them on a government website, for example.

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