Would you rather trust Edward Snowden or the NSA?
As you know, unless you’re living under a rock, Edward Snowden is a former National Security Agency contractor who released records relating to the NSA’s PRISM project. Although PRISM’s scope remains obscure, it appears that the NSA has been mining all sorts of data from big tech and communications companies. That data surely includes so-called ‘metadata,’ which is information about...
Read MoreOregon’s restitution laws need reform
Over the last ten years or so, the legislature has changed the statutes relating to restitution. Restitution refers to a criminal defendant’s obligation to pay the victim for the economic harm caused by the crime. Restitution was once intended to be primarily a part of the punishment, and the judge had the discretion to impose reduced restitution, or no restitution. Now, restitution is intended...
Read MoreGrey rape, and when no means no.
This issue seems to cycle in and out of the public consciousness, maybe in response to a stupid comment by a politician (remember Todd Akin?), or a heated debate between blogs as summarized in this Slate XX blog entry. Those debates, which I can remember having in a course on the philosophy of sex and love in college, only permit black-and-white answers like “no means no” when they aren’t...
Read More‘Victim’s rights’ should include the right to lenience.
Over the last twenty years, the ‘victim’s rights’ movement has fueled major changes in criminal law. Oregon victim’s-rights law permits a victim to attend judicial proceedings and to obtain information about the process. Further, as a practical matter, the prosecutor will typically consult with the victim about plea-bargaining, at least if the victim wants to be consulted. There’s a...
Read MoreDon’t be too zealous in Marion County
Criminal defense attorneys Andy Simrin and W. Keith Goody have been accused of contempt in Marion County for over-zealous advocacy of a death row inmate. Marion County Circuit Court Judge Jamese Rhodes entered an order removing Mr. Simrin and Mr. Goody as counsel for convicted murderer Gary Haugen, and, when Mr. Simrin and Mr. Goody filed a petition in the Oregon Supreme Court arguing that the...
Read MoreVote for Jennifer Williamson for Oregon’s House District 36
I have not previously used this blog to make a political point, and I’m not going to make a habit of it. But in the case of this legislative race, between Jennifer Williamson and Sharon Meieran, I endorse Jennifer Williamson. In explaining why, I want to talk about the rotten policy behind most tort reform. This is the primary, but the Democratic candidate is highly likely to win in November,...
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