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Scalia’s anachronistic views are appointed to the court.”
This is not to suggest that plainly innocent people are being routinely executed in the United
States. There are other che
4.2.12
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Helping the prosecution keep an FBI murderer in prison
I’m a defense lawyer. Unlike many current defense lawyers, I never served as a prosecutor
(though I advise my students who wa
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The Case I still can’t talk about: Chappaquiddick
There is one homicide case that I still can’t say very much about, even though all the principles
are dead and the case is more th
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This situation was different; because the only purpose of publishing the child’s photograph was to
call attention to his penis. Moreover, his parents had not consented their child t
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There are, of course, some historical low tech antecedents to the current high-tech dangers.
During our pre-revolutionary, revolutionary and immediate post-revolutionary era, there
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newspaper, book, painting or magazine can be hauled into a Federal court anywhere in the
United States and charged with participating in a national conspiracy.”
Shortly thereafter,
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class I deliberately made a mistake in asking about a case. I asked what the jury instruction had
been. A student sheepishly raised his hand and said, “Professor, there was no jury
=
nbcnews.com / Ben Kesslen “A critical function of our service is
providing a place where people can openly and publicly respond to their
leaders," Twitter said Thursday. Twitter...
House Oversight
Page 32 of 42
103 Minn. L. Rev. 844, *906
prosecutors to reverse their earlier non-prosecution decisions (or, occasionally, to appointing substitute prosecutors). This
"executive separation of powers
Page 31 of 42
103 Minn. L. Rev. 844, *904
U.S. victims lack a right to challenge noncharging decisions in cases of homicides by police. But they, along with organized
interest groups, can lobby prose
Page 29 of 42
103 Minn. L. Rev. 844, *900
exception is Professor Donald Dripps's current proposal to expand federal criminal law to cover most sexual assault offenses -
precisely the model of federal
Page 24 of 42
103 Minn. L. Rev. 844, *890
But that distinction has an upside: private prosecution and judicial review do not work in cases in which there is no direct
victim - or in which private par
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103 Minn. L. Rev. 844, *884
prosecution of excessive police uses of force. Finally, another institution responds to some of the same underenforcement
problems that private prosecution a
Page 19 of 42
103 Minn. L. Rev. 844, *882
[*883] This is a stark contrast with European justice systems, but U.S. jurisdictions are not alone in shielding prosecution
decisions from judicial oversigh
Page 17 of 42
103 Minn. L. Rev. 844, *877
[*878]
3. Federal Oversight of Declination Decisions
In the United States, only the federal justice system provides for a process of administrative review s
Page 18 of 42
103 Minn. L. Rev. 844, *879
[*880]
4. Oversight of Declination Decisions in State Justice Systems
State justice systems do not go as far as the federal system does, much less provide t
Page 16 of 42
103 Minn. L. Rev. 844, *875
The mandatory prosecution duty, known as the "legality principle," is itself a safeguard against selective underenforcement due
to bias or favoritism. It is
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103 Minn. L. Rev. 844, *871
prosecutions as fulfillmg the same structural purpose. Allowing private actors to begin prosecutions meets "the need for a
system of checks and balances on t
Page 11 of 42
103 Minn. L. Rev. 844, *862
Under the criminal justice systems of all other major common law countries and nearly all European states, victims’ rights also
include authority to challeng
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103 Minn. L. Rev. 844, *864
Public prosecutors now dominate enforcement decisions in both common law-based and civil law-based justice systems
worldwide. That is hardly surprising, give
Page 13 of 42
103 Minn. L. Rev. 844, *867
once common and significant in many state justice systems. U.S. colonies and states created public prosecution offices much
earlier than England. 77
[*868]
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103 Minn. L. Rev. 844, *861
When resource constraints remain, however, they force officials to choose which cases get priority. That creates more
opportunity for biases and favoritism t
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103 Minn. L. Rev. 844, *858
to assess conduct as non-negligent rather than reckless. °° Yet even those relatively benign affinities can lead to sub-optimal
enforcement policies that migh
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103 Minn. L. Rev. 844, *850
It is [*851] unclear what portion of those incidents merit criminal prosecution. Key facts are often disputed, and while federal
and state jurisdiction are co
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103 Minn. L. Rev. 844, *856
group), and favoritism toward the class of perpetrators, law enforcement officers. 4° In the ordinary organization of criminal
justice systems, those cases ca
570, 933 N.Y.S.2d at 240. Specifically, the “evidence . . . established that [Epstein] committed
multiple offenses against a series of underage girls,” who “were brought to [Epstein’s] home to
provide
“don't think you did much of an investigation here,” Pickholz said. “| am shocked.”
Vance's mishandling of the Epstein hearing has come under new scrutiny after a Miami Herald report last week reveal
thus not told that the USAO had entered into a non-prosecution agreement with
Epstein until after it was signed,” wrote Assistant U.S. Attorney Dexter Lee.
Said Hakes, the former federal prosecutor:
It’s clear, from emails and other records, that prosecutors spent a lot of time
figuring out a way to settle the case with the least amount of scandal. Instead of
charging Epstein with a sex offense,
That same year, 2011, more girls continued to come forward, including Roberts,
who claimed in a British tabloid story that Epstein directed her — while she was
underage by Florida standards — to have
By then the deal had been signed for two months, and Jeffrey Sloman, Acosta’s
top assistant, told Lefkowitz he intended to begin notifying Epstein’s victims.
An indignant Lefkowitz wrote to Acosta:
The girls who were abused by Jeffrey Epstein and the cops who championed their cause remain angry over what
they regard as a gross injustice, while Epstein's employees and those who engineered his non
10/27/99 - OPINION - Barry Krischer; P.B.Co. State Attorney. (AM)
“Our investigation had discovered at least one of her websites and I am enclosing
some examples ... the site goes on to detail, inclu
intercourse and other sex acts, police and court records show. The alleged abuse
dates back to 2001 and went on for years.
Palm Beach multimillionaire Jeffrey Epstein is a free man, despite sexually
In their first on-the-record media interviews about the case, Reiter and Recarey
revealed new details about the investigation, and how they were, in their view,
pressured by then-Palm Beach State Atto
Prince Andrew and girl, 17, who sex offender friend flew to Britain to meet him | Daily Mail Online
However, he avoided trial on more serious charges that carried a potential life sentence. And no on
IN THE CIRCUIT COURT OF THE 17"!
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072
PAUL G. CASSELL,
Plaintiffs.
v,
ALAN DERSHOWITZ.
Filing # 37557658 E-Filed 02/08/2016 06:20:47 PM
IN THE CIRCUIT COURT OF THE 17th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072
P
Edwards, Bradley vs. Dershowitz
Case No.: CACE 15-000072
Edwards and Cassells Response to Dershowitz's Motion to Determine Confidentiality of Court Records
Page 9 of 20
January 5, 2015, Dershowitz
Edwards, Bradley vs. Dershowitz
Case No.: CACE 15-000072
Edwards and Cassells Response to Dershowitz's Motion to Determine Confidentiality of Court Records
Page 5 of 20
Islands. In addition to bein
IN THE CIRCUIT COURT OF THE 17'%
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072
PAUL G. CASSELL,
Plaintiffs,
Vv.
ALAN DERSHOWITZ,
IN THE CIRCUIT COURT OF THE 17"!
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRADLEY J. EDWARDS, and CASE NO, CACE 15-000072
PAUL G. CASSELL,
Plaintiffs,
v.
ALAN DERSHOWITZ,
De
media outlet in exchange for your statements (whether "on the record" or "off the record")
regarding Jeffrey Epstein, Alan M. Dershowitz, Prince Andrew, Duke of York, and/or being a sex
slave.” Whethe
Declaration dated February 5, 2015, which were filed with the United States District Court for the
Southern District of Florida, in Jane Doe #1 and Jane Doe #2 v. United States of America, Case
No.
rights of the non-party.”). Defendant has not established any basis for these privileged and
confidential documents that outweighs this non-party’s privacy rights.
3. The Subpoena Should Be Quashed I
January 1, 1999 and December 31, 2002.” Defendant is seeking personal diary information during
the time this non-party was a minor child and a victim of sexual trafficking. There is no reason
this non
“goal.” See Toledo v. Publix Super Markets, Inc., 30 So. 3d 712 (Fla. 4" DCA 2010) (court of
appeal quashing discovery order where party sought law firm client file relating to a different
matter hold
not be had” or that “the discovery may be had only on specified terms and conditions...”. Fla. R.
Civ. P. 1.280(c).
Defendant issued a vastly overbroad subpoena to this non-party which included 25
se
15. Defendant also demands items like personal financial documents from this non-party
including payments she received from convicted sex offender Jeffrey Epstein and the men he
“Tent” this minor chil
ARGUMENT
1. This Court Should Quash Defendant’s Abusive Subpoena In Its Entirety.
Florida Rule of Civil Procedure 1.410(c)(1) provides that the Court may “quash or modify
the subpoena if it is unrea