Be Not Proud of Pennsylvania’s Death Penalty
Prof. Jules Epstein argues that Pennsylvania’s death penalty law, in the hands of unskilled counsel, creates room for grave and deadly injustice. Read more at The Legal Intelligencer.
Author: Jules Epstein
Charges Unlikely For Riders Who Saw Philadelphia Train Rape But Didn’t Intervene
What legal consequences might the passengers who witnessed a rape on SEPTA’s El train face? Under PA law, none, Prof. Jules Epstein tells the AP. Read more at HuffPost.
Timeline for Delaware auditor case unknown: Funding of attorney must be decided to move forward
Delaware State Auditor General Kathy McGuinness remains in her elected role despite facing criminal charges including felony theft and witness intimidation. Prof. Jules Epstein says it’s impossible to predict timing or duration for a high-profile case like this. Read more at Bay to Bay News.
The battle in Philly DA’s Office: Conviction Integrity Unit report shows rocky path to reform
On Tuesday, the District Attorney’s Office released a self-assessment titled “Overturning Convictions — and an Era,” detailing the Conviction Integrity Unit’s work during Krasner’s first term. One reform outlined in the assessment is a new file-sharing policy, which Professor Jules Epstein notes, if implemented, could prevent future wrongful convictions. Read more at The Philadelphia Inquirer.
New details reveal how feds captured accused serial rapist tied to Philly attacks
Kevin Bennett is accused of violent crimes in eight states, including PA. Prof. Jules Epstein explains how extradition laws could mean delay in bringing him to trial here. Read more at 6ABC Philadelphia.
With violent crime spiking, the push for police reform collides with voters’ fears
Allies and adversaries alike have focused on Philly DA Larry Krasner’s reform initiatives as he campaigns for reelection. But how much do his policies affect the crime rate? Prof. Jules Epstein says “not much.” Read more at Washington Post
These are your rights if police knock on your door
What can and should you do if the police knock on your door? Prof. Jules Epstein contributes to this explainer from the Philadelphia Inquirer. Read more at The Philadelphia Inquirer
Incitement, Insurrection and Impeachment
Professor Jules Epstein challenges Senator Ted Cruz on the merits of Democrats’ Article of Impeachment for incitement of insurrection.
Soliciting or Encouraging Sedition
What is Donald Trump’s culpability for the January 6th assault on the Capitol? Morally, it is clear – Trump is a sentient being, aware of risks and consequences, who acted with disregard for the lives and well-being of others. Causally, the case is strong – in the terms of proximate cause and foreseeability, he spent months agitating and stirring discontent, he knew the volatility of his audience, and the actions of his followers were “not so extraordinary that it would be unfair to hold the defendant responsible for the actual result.” 1 W. LaFave, Substantive Criminal Law § 6.4, at 464 (2d ed. 2003). And in the eyes of history, culpability is beyond question – the “buck stops here” principle is the metric. But is he criminally responsible? Are there acts worth investigating, are there provable criminal acts attributable to the President? The President’s speech at the pre-insurrection rally may not, on its face, be sufficient to prove solicitation to commit a crime – here, riot, assault, theft, or damage to property. The language that …
Race and the Law of Evidence: A Second Look at the Rules Is Needed
Professor Jules Epstein authored this article for The Legal Intelligencer. Read the Full Article
