Disability vs. Personality

In State v. Craigen 296 Or App 772 (March 27, 2019), the Court of Appeals held that the trial Court had erred when it determined that evidence of defendant’s depression and brain injury could not be considered in connection with defendant’s EED (Extreme Emotional Disturbance) defense. Under Oregon case law, a defendant’s “personal characteristics” are… Read More

“Warrior or Diplomat?” An interesting article about public defenders

Courthouse ‘Warrior’ or Diplomat? The Public Defender’s Challenge “In every courthouse where criminal cases are heard, there are damaged or apathetic individuals who have been granted power over the lives of impoverished clients, who enjoy their roles, and who abuse their authority at leisure from positions of complete security.” Appropriate response unclear but certainly worth… Read More

An AG and a federal judge question established theory that Sex Offender Registration is not “punishment”

Interesting news from the Collateral Consequences Resource Center: “In the past week, there were two notable developments regarding the constitutionality of state sex offender registration schemes. First, as noted by Douglas A. Berman at Sentencing Law and Policy, Michigan Attorney General Dana Nessel filed highly significant amicus briefs in two Michigan Supreme Court cases, “arguing that… Read More