criminal justice

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Letters to the Boston editors, February 17, 2012

Regarding your recent "House of Incorrections" story (Talking Politics, February 3), I think it would be more believable if some criminal-justice experts were quoted.
Burning down the house
By BOSTON PHOENIX LETTERS  |  February 17, 2012

The Massachusetts legislature is the principal roadblock to putting the state's criminal-justice system on the right track

As you read this, Beacon Hill is debating a "three-strikes" crime bill, while waiting for the US Attorney's Office to hand down indictments in the scandal over patronage at the probation department.
House of Incorrections  
By DAVID S. BERNSTEIN  |  February 03, 2012
DiMasi and some vague justice

Curbing corruption with a catch-all

Sal DiMasi is no saint, but that doesn't mean he's a criminal. His behavior makes us grimace, but it simply doesn't amount to a state or federal felony.
Vague Justice?
By HARVEY SILVERGLATE  |  June 24, 2011

Strange bedfellows: The right and left team up on criminal-justice reform

The practical result of the new spirit of political civility is still an open question, but there is one area where small-government conservatives and do-gooder liberals might really be moving toward significant policy agreement, compromise, and action:
Away from the spotlight, criminal-justice-reform advocates are making progress - with the help of their new friends, the conservatives
By DAVID S. BERNSTEIN  |  January 28, 2011

New In The Phoenix -- Conservatives For Criminal-Justice Reform

In this week's issue of the Boston Phoenix -- in print tomorrow, online now -- I look at a new movement that might, finally, make...
By David S. Bernstein  |  January 26, 2011
DOJ turns on Turner, First Amendment

DOJ turns on Turner, First Amendment

The sentencing memorandum filed by Boston federal prosecutors last week, seeking between 33 and 41 months incarceration for convicted former Boston City Councilor Chuck Turner,...
By Harvey Silverglate  |  January 25, 2011

The cost of torture

In the end, whether mass solitary confinement continues at the Maine State Prison supermax may come down to an issue of money rather than right or wrong. And resolving that issue may come down to whether the state wants to pay more now to pay less in the
Solitary Confinement Bill Hearing
By LANCE TAPLEY  |  February 26, 2010

Guilty until proven guilty

The US Supreme Court's June 18 decision denying prisoners access to DNA testing — a procedure that could reliably prove innocence — adds to the high court's decades-long shameful record on criminal-justice issues.
Freedom Watch
By HARVEY SILVERGLATE  |  June 26, 2009

State Court Bench Loses One of Its Best

By Harvey Silverglate  The Massachusetts judiciary – and as a result, the people of the Commonwealth of Massachusetts – are about to lose one of...
By Harvey Silverglate  |  June 11, 2008

This Just In: Aye Carumba! Star Simpson Gets A Pretty Good Deal

Last September, Harvey wrote in The Free For All about Star Simpson -- the MIT student who was arres...
By Harvey Silverglate  |  June 03, 2008

It's a Crime to Lie to MYSpace?

By Wendy Kaminer        If the indictment of 49 year old Lori Drew for...
By Wendy Kaminer  |  May 16, 2008

Assault a speaker with a pie, get away scot free?

A popular viral video making the rounds on the internet shows New York Times columnist Thomas Friedm...
By Harvey Silverglate  |  April 25, 2008

Gagging criminal defendants

We’ve written about prior restraints before on The Free For All, in the context of a court order tha...
By Harvey Silverglate  |  April 19, 2008

This Just In: New data hack has major privacy implications

The New York Times is reporting that a group from Princeton has developed a way of reading encrypted...
By James Tierney  |  February 22, 2008

Scalia is No Civil Libertarian

By Wendy Kaminer,        Is the animosity of civil libertarians toward...
By Wendy Kaminer  |  February 14, 2008

Post-Motions Hearing update on the Glik Prosecution

    This past weekend, my research assistant James Tierney and I published an op-ed in the Massachusetts Lawyers Weekly about the dubious arrest and prosecution...
By Harvey Silverglate  |  January 31, 2008

VIDEO: Freedom Watch on how to prosecute the CIA "torture tapes" case

In this week's Boston Phoenix, Harvey Silverglate writes about how a troubling new obstruction-of...
By webteam  |  January 17, 2008

Drug Warriors on Steroids

By Wendy Kaminer        One lesson of baseball’s latest doping sc...
By Wendy Kaminer  |  December 20, 2007

This Just In: Federal Judges Can Be More Lenient in Sentencing Drug (and other) Crimes

By James F. Tierney Yesterday, the Supreme Court released its decisions in two important cases about...
By Harvey Silverglate  |  December 11, 2007

This Just In: The U.S. Supports Kidnapping?

By Jan WolfeAccording an article in today's Sunday Times, a Department of Justice lawyer is arguing ...
By Harvey Silverglate  |  December 03, 2007

Judicial Restraint

By Wendy Kaminer        Conservative advocates of judicial restraint s...
By Wendy Kaminer  |  November 28, 2007

This Just In: Lawyers Want "Big Dig" Case Thrown Out

By James F. Tierney In the August 15, 2007 Boston Phoenix, Harvey described the criminal case agains...
By webteam  |  November 27, 2007

Boston Police's End Run Around The Constitution

It is all too true that when it comes to questions of constitutional rights, the devil (or the ange...
By Harvey Silverglate  |  November 21, 2007

Hanging Offense

 By Wendy Kaminer              It’s not exactly an epidemic, but about a dozen racial incidents involving the universal symbol for lynching –...
By Wendy Kaminer  |  October 13, 2007

"Prior restraints": A little understood legal trick for silencing the press

Once again, the news media faces a “prior restraint against publication” imposed by the courts, yet few in that industry or elsewhere seem to understand...
By Harvey Silverglate  |  October 05, 2007

Free Speech Challenges in Jena

By Wendy Kaminer                    If the case of the Jena 6 seems, at least at first, like a depressingly simple example...
By Wendy Kaminer  |  September 26, 2007

A Society That Eats Its Young

            When I was growing up in Brooklyn, where the only pets that landlords allowed us to have came encased in a glass bowl, I...
By Harvey Silverglate  |  September 25, 2007

Naked Came the Carpenter

        Court tv called it the “stupid story of the week:" 51 year old...
By Wendy Kaminer  |  September 12, 2007

Are We Iran?

        Half naked women are common sights in city streets every summe...
By Wendy Kaminer  |  August 31, 2007

The Politics of Prostitution

        Prostitution is a crime for women but a “personal matter” for ...
By Wendy Kaminer  |  July 18, 2007