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A Missed Chance For Justice In Court, Tamar R. Birckhead
A Missed Chance For Justice In Court, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.
When Juveniles Face Questioning, Tamar R. Birckhead
When Juveniles Face Questioning, Tamar R. Birckhead
Tamar R Birckhead
This op-ed argues that the age of a suspect should be considered when evaluating whether the questioning was custodial, thereby triggering the right to Miranda warnings.
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Tamar R Birckhead
In analyzing the causes of wrongful convictions of youth in juvenile court, the role of the defense attorney can be overlooked and its importance underestimated. Although juvenile defenders are trained to advocate based on their young client‟s expressed interest rather than relying on what they deem to be in the child‟s best interest, this basic tenet is often more challenging to follow than is commonly acknowledged. The norms of effective criminal defense practice—which emphasize rigorous oral and written advocacy with little mention of whether the client has learned a lesson from the experience—stand in direct contrast to the informal culture …
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
The Conviction Of Lynne Stewart And The Uncertain Future Of The Right To Defend, Tamar R. Birckhead
Tamar R Birckhead
At the heart of the attorney-client relationship lies the ability to communicate freely and without fear that someone is listening. Since 9/11, the government has passed regulations, such as the Special Administrative Measures ("SAMs"), that by virtue of their broad scope and lack of procedural safeguards have endangered this privilege, particularly for incarcerated criminal defendants. The recent conviction of attorney Lynne Stewart for providing material support to a foreign terrorist organization has brought this issue to the forefront, as the prosecution relied upon government-monitored conversations between Stewart and her client, convicted terrorist Sheik Abdel Rahman, to prove its case against …
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Detention Hearings, Tamar R. Birckhead, Wendy S. Wayne
Tamar R Birckhead
No abstract provided.