In February, Florida enacted a new death penalty statute that resolved the constitutional issues the U.S. Supreme Court found in 2016. Even with this reinstatement, one state’s attorney, Aramis D. Ayala, said that her office would not seek what she views as an ineffective and costly form
To reverse a conviction or capital sentence based on ineffective assistance of counsel, a defendant must meet the two-prong standard set out in Strickland v. Washington. The standard requires a defendant to show that (1) “counsel's performance was deficient,” and (2) “the deficient performance prejudiced
A few weeks ago, I wrote about ineffective assistance of counsel and plea-bargaining in the context of the upcoming Supreme Court case, Lee v. United States. In deciding Lee, the Court will consider whether it is rational for a noncitizen defendant, despite strong inculpatory evidence against
Professor Klarman joined the Harvard Law School faculty in 2008. He is the Kirkland & Ellis Professor, and focuses on constitutional law and constitutional history. In particular, professor Klarman focuses on race in the context of constitutional history. He came to Harvard Law School after
At the height of the Great Society in 1968, Congress passed the Fair Housing Act (“FHA”), a piece of legislation aimed at ending housing discrimination. For the past thirty-seven years, every federal appellate court has interpreted discrimination under the FHA as providing both for claims
Today’s national Civil Rights dialogue focuses largely on immigration, reproductive issues, and LGBTQ rights. Certainly, each of these issues critically requires our nation’s attention, but they should not be discussed to the exclusion of “old fashioned” racial discrimination. The African-American Civil Rights Movement is the
Next week, the Supreme Court will hear oral argument in Setser v. United States. The cases addresses whether a federal court has authority to order a federal sentence to run consecutively with a yet-to-be-imposed state sentence.
In 2007, petitioner Monroe Setser was sentenced in federal court
Members of the Supreme Court seemed skeptical last Wednesday when asked to establish a new constitutional rule prohibiting the use of unreliable eyewitness testimony at criminal trials. Under existing law, unreliable eyewitness testimony is excludable only when the source of unreliability stems from police misconduct.
Eyewitness identification is widely considered to be one of the most powerful pieces of evidence a prosecutor can offer at a criminal trial. But psychologists continue to debate whether witnesses to a crime can accurately relay what they saw. The Supreme Court has debated the
Fueled by the lingering (and largely erroneous) perception of a liberal judiciary, Republican presidential candidates are calling for new legislation to curb the power of federal judges. As the Washington Post reports, a majority of the Republican field is calling for some sort of judicial