Expert Analysis

• 5 Most-Read Access To Justice Law360 Guests Of 2019

  

  On topics ranging from public trial rights to electronic monitoring technology to the rules of evidence in the context of sexual harassment trials, 2019 brought a wide array of compelling commentary from the access to justice community.

• Inside The Key Federal Sentencing Developments Of 2019

  

  Raquel Wilson, director of the U.S. Sentencing Commission’s Office of Education and Sentencing Practice, discusses this year's developments in federal sentencing, including new legislation in the Senate and U.S. Supreme Court cases invalidating certain statutes.

• ODonnell Consent Decree Will Harm Criminal Justice In Texas

  

  In Odonnell v. Harris County, a Texas federal court ordered that misdemeanor offenders could be released without bail, marking a fundamental deterioration of the Texas criminal justice system, says attorney Randy Adler.

• Judges Cannot Rehabilitate Offenders With Extra Prison Time

  

  Although they may mean well, federal judges should stop attempting to help criminal defendants get into drug rehabilitation programs by unlawfully sending them to prison for longer than their recommended sentences, says GianCarlo Canaparo at The Heritage Foundation.

• Time To Rethink License Suspensions Without Due Notice

  

  In North Carolina, one in seven adults has a suspended driver’s license, but our research suggests that many of them never received actual notice of their license suspension, or of the court proceeding that led to it, making this a fundamentally unfair sanction, say Brandon Garrett, Karima Modjadidi and William Crozier at Duke University.

• Changing The Way We Dialogue About Justice Reform

  

  Dawn Freeman of The Securus Foundation discusses why humanizing the language used to discuss justice-involved individuals is a key aspect of reform and how the foundation’s upcoming campaign will implement this change in mainstream publications and on social media.

• High Court Should Restore Sentencing Due Process

  

  If the U.S. Supreme Court grants certiorari in Asaro v. U.S. and rules that sentencing judges cannot consider uncharged, dismissed and acquitted conduct, a peculiar and troubling oddity of criminal and constitutional law will finally be rectified, say criminal defense attorney Alan Ellis and sentencing consultant Mark Allenbaugh.

• Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• High Court Should Affirm 3-Strikes Rule For Prisoner Pleading

  

  The U.S. Supreme Court in Lomax v. Ortiz-Marquez should hold that any case dismissed for failure to state a claim should count as a strike for purposes of Section 1915(g), which allows incarcerated people to file three complaints free of charge, says GianCarlo Canaparo at The Heritage Foundation.

• Acquitted Conduct Should Not Be Considered At Sentencing

  

  Congress should advance the Prohibiting Punishment of Acquitted Conduct Act, which seeks to explicitly preclude federal judges from a practice that effectively eliminates the democratic role of the jury in the criminal justice system, says Robert Ehrlich, former governor of Maryland.

• Thank A Female Veteran With Access To Legal Services

  

  Women returning from military deployment often require more legal assistance than their male counterparts, and Congress can alleviate some of these burdens by passing the Improving Legal Services for Female Veterans Act, says Rep. Susan Wild, D-Pa.

• California Should Embrace Nonlawyer Providers

  

  Despite criticisms from the legal profession, a California proposal to allow some legal service delivery by nonlawyers is a principled response to the reality that millions of Americans currently must face their legal problems without any help, says Chris Albin-Lackey, legal and policy director at the National Center for Access to Justice.

• Calif. Law Offers New Hope For Child Sexual Abuse Victims

  

  The recent passage of A.B. 218 in California — extending the statute of limitations for child sexual abuse cases — will pose challenges for the justice system, but some of the burdens posed by abuse will finally be shifted from survivors to accused abusers and the organizations that enabled them, says retired Los Angeles Superior Court judge Scott Gordon.

• Core Rights Of Accused At Issue In High Court's New Term

  

  The U.S. Supreme Court's upcoming decisions in several criminal cases this term will determine whether certain rights of the accused — some that many people would be surprised to learn are unsettled — are assured by the Constitution, say Harry Sandick and Jacob Newman at Patterson Belknap.

• Bill Limiting Forced Arbitration Is Critical To Real Justice

  

  Real justice means having access to fair and independent courts, but that will only be a reality when Congress bans predispute, forced arbitration under federal law with the Forced Arbitration Injustice Repeal Act, which passed the House on Friday, says Patrice Simms at Earthjustice.