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Monday, May 21, 2012


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	NACDL Podcast Audio Available May 15, 2012 5:35:22 AM by Administrator Account Yes Cancel This week I was a guest on NACDL's weekly podcast, "The Criminal Docket," where Mary Price and I discussed the overcriminalization crisis that has plagued America for the past three decades. It was a wide-ranging discussion of the causes, effects and possible solutions to the vast proliferation of vague statutes and overzealous prosecutions at the federal level. You can find the full audio of the podcast on iTunes, or by clicking here. read more → Tags: Federal Prosecutors , NACDL , Overcriminalization , The Criminal Docket , Vague Statutes The Supreme Court: A Prosecutor's Best Friend November 14, 2011 5:08:44 AM by Harvey Silverglate Yes Cancel On October 27th, the Innocence Project, in conjunction with the Veritas Initiative and Voices of Innocence, announced a “nationwide tour seeking policy reforms to prevent prosecutorial misconduct.” Headlining the tour will be John Thompson, the man who, despite being placed on death row due to corrupt and negligent actions on the part of the New Orleans District Attorney’s Office, was stripped of his 14 million dollar judgment against the DA by the Supreme Court’s ruling in Connick v. Thompson. In our latest post on Forbes.com, my research assistant Daniel Schwartz and I discuss the ruling, and critique the notion that the prosecutor’s office deserves immunity for its horrific neglect of basic constitutional rights. As we have written elsewhere, the explosion of federal statutes has made all people increasingly at risk of facing criminal and civil charges for a host of innocuous behaviors. Surely, so-called public servants should be held to at least as high a standard as their masters, rather than be given protections that would be unheard of for normal citizens. read more → Tags: Department of Justice , Federal Prosecutors , Forbes.com , Prosecutorial discretion , Prosecutorial Misconduct , Supreme Court What to do if the FBI wants to interview you November 14, 2011 4:16:21 AM by Harvey Silverglate Yes Cancel One of the most shocking, and under-reported, Department of Justice practices is the FBI's express policy NOT to tape-record interrogations. Not recording interrogations allows the FBI to claim itself the sole arbiter of what is, and is not, true in a witness's testimony. Such a strategy gives clear, and unfair, advantage to the prosecution, and presents problems for witnesses, defendants, and defense lawyers alike. But there is a simple, and effective, strategy which, if implemented, can get around the pesky problem: insist on recording the interview yourself. Recently, the Massachusetts ACLU asked me to discuss what to do if the FBI decides it needs your testimony. Here is how I responded: I have been happy to see that the ACLU video has been catching on. In a recent article on alternet.org critiquing the "surveillance state", my interview was given as pragmatic advice to those who fear they might face an FBI interview. I sincerely hope my advice helps and that, eventually, the FBI decides to reform its harmful policy. [End of post] read more → Tags: Department of Justice , FBI , Federal Prosecutors , Prosecutorial Misconduct , Video The Revolving Door at the Department of Justice June 22, 2011 3:03:35 AM by Harvey Silverglate Yes Cancel What happens when a federal prosecutor turns around and begins to defend the very company he disparaged as evil? And what is the impact, more generally, of the current revolving door syndrome by which so many former federal prosecutors become “white collar defense lawyers” immediately after leaving the Department of Justice? I explore this phenomenon on Forbes.com. read more → Tags: Department of Justice , Federal Prosecutors , Forbes.com , Injustice Department , White Collar Defense	The SilvergLatest The hub of recent happenings in Harvey's professional life ^SUB-BLOGS: toronto escorts escorts toronto New York Locksmith Locksmith New York san francisco locksmith locksmith san francisco {#foreach $T.Years as year} <div class="year"> <div class="year_header"> <span>{$T.year.Year}</span> </div> <div class="year_months"> {#foreach $T.year.Months as month} <div class="month"> <a href="{$T.month.Url}" year="{$T.year.Year}" month="{$T.month.MonthN}">{$T.month.MonthName}</a> </div> {#/for} </div> </div> {#/for} Archive by Years Alan Dershowitz Boston Censorship Derek Bok Exortion Frank J. Murray Freedom of Speech Harvard Law School Informant Jewish Defense League Kevin White Legal Academy Legal strategy Nancy Gertner Norman Zalkind Political prosecution Prosecutorial Misconduct Robert J. 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