Nominations Open for Best Criminal Law Blawg Post of 2009 (Update)
Since everybody seems to enjoy a contest, it seems like a good idea to try one that shoots for something more substantive than who's blawg has the prettiest graphics. And so, I announce the Best Criminal Law Blawg Post of 2009 contest.
Here's the deal. Anybody can "nominate" a post for the honor, including their own. SJ posts are off limits. You can nominate them anonymously, with great fanfare, just by name or with a detailed explanation of why you think a post is the best. It can be a post from a criminal defense lawyer, a prosecutor or a non-lawyer, provided it's subject is criminal law. It can even be a post by a lawprof. You can nominate as many posts as you like.
For this contest, and for this contest only, I will allow links to be included in comments to the posts (not just the blawgs, but the actual posts) nominated. Spam links will be deleted.
This is a chance to think back over the year and give everyone some great posts to read, to ponder, to discuss and maybe even change some minds.
My plan is to announce the winner on New Year's Day. This plan, of course, is contingent on readers doing their part and nominating some great stuff. If we don't get enough nominations, or the quality of what is nominated sucks, then the contest will be a bust and will reflect poorly on what we do.
Judge will be entirely on my shoulders, and I will be as arbitrary and capricious as I please. That said, I will do my best to select the blawg post that best reflects our finest work, our highest tradition, our deepest thoughts and our best purpose in putting words on a computer screen.
I hope that everyone will contribute, and that we can demonstrate the vitality of the criminal law blawgosphere. Now nominate.
Update: Nominations will close as of 5:00 p.m. EDT today, December 31st.
Update 2: Nominations are now closed.
Here's the deal. Anybody can "nominate" a post for the honor, including their own. SJ posts are off limits. You can nominate them anonymously, with great fanfare, just by name or with a detailed explanation of why you think a post is the best. It can be a post from a criminal defense lawyer, a prosecutor or a non-lawyer, provided it's subject is criminal law. It can even be a post by a lawprof. You can nominate as many posts as you like.
For this contest, and for this contest only, I will allow links to be included in comments to the posts (not just the blawgs, but the actual posts) nominated. Spam links will be deleted.
This is a chance to think back over the year and give everyone some great posts to read, to ponder, to discuss and maybe even change some minds.
My plan is to announce the winner on New Year's Day. This plan, of course, is contingent on readers doing their part and nominating some great stuff. If we don't get enough nominations, or the quality of what is nominated sucks, then the contest will be a bust and will reflect poorly on what we do.
Judge will be entirely on my shoulders, and I will be as arbitrary and capricious as I please. That said, I will do my best to select the blawg post that best reflects our finest work, our highest tradition, our deepest thoughts and our best purpose in putting words on a computer screen.
I hope that everyone will contribute, and that we can demonstrate the vitality of the criminal law blawgosphere. Now nominate.
Update: Nominations will close as of 5:00 p.m. EDT today, December 31st.
Update 2: Nominations are now closed.
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12/28/2009 10:31 PM
uberVU - social comments wrote:
This post was mentioned on Twitter by MarkWBennett: RT @colinsamuels: Go nominate the best criminal law post of the year at @scottgreenfield's Simple Justice blog: http://is.gd/5Et46
Crap! Now you tell me.
I would have written something worth reading if I'd known you were gonna run a contest.
The day is still young. Write, Jamie. Write like the wind.
Hey Scott:
Submitted for your approval:
Recently launched my own blog -
[Ed. Note: Link deleted.]
software problems (since corrected) prevented me from posting these last few days.
Oscar Michelen
Hey Oscar. Glad to hear you've started your own blog. But this is for the Best Criminal Law Blawg Post of 2009, and as I wrote in the post above, I will allow links to the actual posts, but not just to blawgs. So if you've got a great post of yours to offer, go for it, but the blawg link has to go. Sorry.
I nominate Bennett's reptilian brain post. In my ongoing effort to be cooperative and follow instructions to the letter, I have included the link. If there's anything else I can do to be helpful, please let me know.
Your Most Humble Servant,
Gideon
Interestingly enough, I was reading Orin's posts on Volokh yesterday and noted that he responded to comments not by posting a comment of his own using the "quote" or "reply" function, but by editing the original comment and inserting his response in italics using the identifier "Orin Chimes in:".
I found this extremely troubling and difficult to read and follow the conversation.
I will say that I found this post extremely useful and I will bookmark it for later use.
[SHG chimes in. Thank you for sharing. I found this comment extremely useful and I will bookmark it for later use.]
From your blog: http://blog.simplejustice.us/2009/12/10/do-they-know-theyre-being-used.aspx
because I had no idea who Ryan Blanch is, but your line: "Lefcourt, Marks, Goldberg? These are names of some real lawyers, enough so to offset a joke like Ryan Blanch." made me google him to find out. Pretty effective sentence, if you ask me.
The Legal Satyricon's http://randazza.wordpress.com/2009/12/12/revoke-the-janitors-man-card/
Maybe not technically a crime blog, but the janitor's behavior should be criminalized, and the post is just downright funny.
Thanks, but SJ is off the table. Randazza, however, is most definitely in the game.
I'll second Gideon's nomination of Mark Bennett's "Reptile Brain" posts, including the follow-on discussion of the ethical implications of appealing to jurors' "reptile brains". Here are several other posts worthy of consideration (presented in roughly chronological order):
Jeff Gamso's post (http://gamso-forthedefense.blogspot.com/2009/09/do-they-really-believe-this-stuff.html) about the agonizing of criminal defense lawyers generally, but particularly in capital cases;
Gideon's frank confession (http://apublicdefender.com/2009/10/18/id-probably-run/) that he probably wouldn't be able to walk into a courtroom were he the one being sentenced;
Mike Cernovich's post (http://www.crimeandfederalism.com/2009/11/should-teenagers-be-sentenced-to-life-imprisonment.html) arguing that some juvenile criminals' crimes warrant the death penalty;
Gamso's post (http://gamso-forthedefense.blogspot.com/2009/11/it-just-takes-longer.html) about life without parole being the death penalty but that "it just takes longer";
Gideon's post (http://apublicdefender.com/2009/11/21/its-a-game-of-numbers/) about playing the sentencing negotiation "game of numbers";
Jack of Kent's (Allen Green's) explanation (http://jackofkent.blogspot.com/2009/11/paul-clarke-anatomy-of-injustice.html) of the "anatomy of an injustice" in the Paul Clarke case in the UK; and
Gamso's response (http://gamso-forthedefense.blogspot.com/2009/11/who-we-are-and-what-we-do.html) to the cocktail party question asked of criminal defense attorneys.
To supplement this list, let me add this Norm Pattis post from yesterday: http://normpattis.blogspot.com/2009/12/another-year-in-trenches.html Incredible. It inspires me and makes me want to open a vein at the same time. This should be required reading for everyone who's in law school contemplating a career in criminal defense.
I second the nomination of Gideon's post wondering how defendants are able to walk into a courtroom to hear the jury's verdict without their knees buckling. I also nominate this recent post by Gideon, about juries turning the burden of proof on its head and convicting because they're afraid of being wrong:
http://apublicdefender.com/2009/12/20/the-fear-is-upon-us-convict-to-be-on-the-safe-side/
This should close the nomination process: http://www.utahduilawblog.com/2009/11/articles/utah-dui-attorney-1/top-criminal-law-blog/
It does make you wonder if he wrote his mommy to let her know of his award.
And what does the winner get?
The satisfaction of a job well done and the respect of his/her peers. And if somebody can come up with one, a badge.
Badges?!
Must there be a trophy for everything?
No, I meant "Badges?!" as in "We don't need no stinkin' badges!"
The perfect line. You are now my hero.
Well thank you!
I'll join the chorus for Bennett's reptilian post.
But, gee, golly, willikers, thanks Colin.
Bear in mind, this isn't a beauty pageant. I decide, no matter how many people like that reptile post of Bennett's.
I'm actually going to go ahead and nominate my entire blog, in direct violation of the rules of this contest. Because I'm that good.
This is a fantastic idea and I look forward to reading all of the entries. Thank you. I'd like to nominate this blog post on courts still sometimes using banishment in sentencing: http://www.georgiafederalcriminallawyerblog.com/2009/07/banishment_exile_permitted_in.html
Sir, this is an excellent idea. It allows me to thank you for the education you've provided to us non-lawyer types, while at the same time singling out the very Posts that inspired me overall.
"Plea Bargaining 201" allowed me the opportunity to confront a Harris County ADA about his roll in a nolo contendere case. Where he overlooked gross eyewitness identification descrepentcies & was allowed to introduce three number 2s as state's exhibits (one being a .38 cal. Rohm revolver). The “mystery gun” he laid in front of the jury in place of a reported .22 or .25 will remain a mystery due to no records available from the property room to the FBI and ATF. Hmm, I just might run a contest with a cash reward going to the first person that can solve the 26 year old mystery.
Despite his patent Disclaimer only bearing "worthless words" and no fruit, it is 100 times better than his non-replies to regular mail. To be able to confront the very people that are shown to have signed off on a conspiracy is a form of therapy for us victims of the system. I have slept very well ever since, I might add. Thank you again and we look forward to our next semester.
FYI: The original Post has been permanently linked to the PROJECT: Not Guilty dot com "Cases" page. It might not win a contest but wouldn’t it be nice.
http://blog.simplejustice.us/search.aspx?q=Plea Bargaining 201&sc=t&dt=3m&al=none
SJ is not in the running. Only posts from other blawgs.
I'd nominate Norm Pattis and Jeff Gamso as Co-Men of the Year. Deep thinkers and emotionally rich people who blog about life in criminal law. Not overly preachy; not too self-indulgent. Just solid narratives by interesting and complex criminal defense lawyers. With Norm, he's been doing good work on sex offender hysteria. Gamso has been on the death penalty stuff.
I couldn't pick just one post, though. (So, yes, apologies in advance for breaking the rules the rules and for posting a peripherally-relevant comment.)
Both fine choices, if only this wasn't about the Best Criminal Law Blawg POST of 2009.
I knew that. As did many other of your readers...Or did you think we all failed Reading Comprehension 091?
It's the Me Society, man. Your posts are but a chance for ME to talk about whatever I want to talk about.
What was I thinking?
Reptile. Simian. Bennett. Embarrassed to say I don't know how to link in a comment, but you know the one.
Great contest - I always thought that posts matter most - and writing a memorable post that stands out from the hundreds that most of us read weekly is truly a feat.
I would concur in the above nomination of Randazza's hilarious janitor post. Would also nominate:
http://patterico.com/2009/02/28/balkos-article-on-the-jimmie-duncan-case/ (for extensive investigatory work and the stupid comments of the criminal defense lawyer Kelly who thought the post harmed her clients);
http://criminaldefenseblog.blogspot.com/2009/12/voluntary-surrender-becomes-another-6.html (the human side of what it's like to surrender by B. Tannebaum)
I know that Jon Katz has had some good material at Underdog Blog this year which I'll submit if I can track them down.
An absolute classic from Jamie Spencer:
If you too have driven your car into a swimming pool...
http://blog.austindefense.com/2009/02/articles/other-blogs/if-you-too-have-driven-a-car-into-a-pool/
I nominate Gamso-For the Defense for best new criminal law blog of the year, and offer to buy him a new theme. (His closest competition, Matt Kaiser, burned out early.)
Beyond that, I'm no good with either case names or individual blog posts, but I know that we all kicked ass this year . . . no matter what Mike says.
I'm just shocked that TalkLeft hasn't yet been mentioned in this discussion.
Shocked.
Scott, leave the links in. If not for the children, then for the pecan pies.
If this was Best New Criminal Law Blawg, Gamso would win hands down. Jeff's done an absolutely extraordinary job this year.
Two specific posts that discuss the how futile things sometimes seem:
Norm Pattis:
http://normpattis.blogspot.com/2009/09/win-lose-or-draw.html ("But criminal court often feels like waste. It isn't about justice. As Clarence Darrow once observed, "there is no justice in or out of court." What there is is pain. Vengeance for a victim isn't justice. And neither, frankly, are acquittals. Nothing can right permanent loss.")
This one from Jeff Gamso:
http://gamso-forthedefense.blogspot.com/2009/09/do-they-really-believe-this-stuff.html ("At your end, when your client has just been murdered and you've been powerless to prevent it, the only answer is that if this is all I could do, then I'm not good enough. And if it wasn't all I could have done, then I'm neither good enough nor diligent enough.")
This Jeff Gamso post on what the law really is:
http://gamso-forthedefense.blogspot.com/2009/10/cartographers-plot.html ("And so it is with the Law. It's the framework used to justify the decision otherwise made. It's the excuse, not the basis.... They don't teach you in law school how to get on your metaphorical knees and beg a judge to let you have the money to hire an arson expert when the government claims that your client is guilty of arson because, hell, why bother.")
I nominate http://normpattis.blogspot.com/2009/12/another-year-in-trenches.html#links
Talk about up to date. Norm just posted that, and I too found it very moving.
I thought it best to put it off until 2010.
Hey, I am struggling with a major league funk. Figured if I wrote something decent I might be able to turn my sour grapes into wine!
You just couldn't wait until tomorrow so I could write something about it. You have the funk span of a gnat?
Wow.
Helluva post. For sure.
So many good posts from Nick Martin on Crazy Joe and the Maricopa County circus, but this one, on the indictment of Judge Donahue, nicely summarizes the Kafkaesque quality of things down there:
http://www.heatcity.org/2009/12/thomas-arpaio-defend-their-war-as-judge-is-charged-with-obstructing-justice.html
This Norm Pattis post on "Time for a Universal Public Defender System" is also a really thoughtful read:
http://normpattis.blogspot.com/2009/12/tme-for-universal-public-defender.html
Gideon writes:Ironically, I do that because my sense is that most readers find it easier to read and follow the conversation! Of course, if others find it annoying -- much less extremely annoying --- let me know and I'll go back to normal commenting.
Given that your comments are linear rather than threaded, I thought your inserting the response into the comment made sense. The only problem was that it wasn't clear whether it was your insertion or someone's quoting of your insertion. If your inserted responses started with a boldface "Orin chimes in," which was subsequently changed back when quoted, it would help to clear that up, but require a lot more work on your part.
Or, you could always switch to threaded comments and avoid this whole mess.
Threaded, threaded, threaded!
For some reason, I was under the impression that Volokh had implemented threaded comments. That, of course, is ideal.
The problem, as Scott points out, is when someone replies to your reply - it becomes a jumble.
Just read Norm Pattis' http://normpattis.blogspot.com/2009/12/another-year-in-trenches.html and I have to add my voice in nominating it.
Followed by Rick Horowitz's http://www.rhdefense.com/blog/law-social-issues/the-fundamental-principles-of-american-justice/ for helping me (along with one of Scott's posts) better understand the role of a defense attorney.
Since the many excellent Simple Justice posts on police malfeasance are excluded, I would like to vote for this one.
http://www.rhdefense.com/blog/police-misconduct/testilying/
Imo, this comment alone (from a reader) makes it a worthwhile:
"When I was speaking some time ago I met with a criminal law professor in a 3l class where they were talking of the 4th 5th and 14th amend. and had 11 police officers there from various agencies for rebuttal. All of them categorically stated that If you piss them off they will find a reason to search you and if you refuse they have hundreds of reasons to arrest you. quote "there are no innocent people" I was so beside myself I was near having a seizure. I was there with the young from “mock trial” and “we the people.”
Just what these kids should not have learned."
Also this blog has many gems under the "police misconduct" category, including this one:
http://www.southcarolinacriminaldefenseblog.com/2009/03/holding_police_and_prosecutors_1.html
Here's a few solid posts that are worth considering:
Police Worry That Marijuana Decriminalization May Reduce Number of Arrests — http://bit.ly/68BIgs
"Don't Tase Me Dude!" Prosecutor Won't Prosecute. — http://bit.ly/7kaIaR
Self Defense: What Are the Police Not Allowed to Testify About at Trial? — http://bit.ly/7gL4Gt
If You Too Have Driven A Car Into a Pool... — http://bit.ly/8h1ccj (This may not be a criminal law post in its purest form but it's a great post on the state of some criminal law blogs)
Sir, Rick Horowitz published "Open Letter to Prosecutors re: Discovery" back in Feb. of 2009. It truly deserves a read and hopefully a nod. Thanks.
www.rhdefense.com/blog/prosecutorial-misconduct/open-letter-to-prosecutors/
Practical knowledge can change the course of people's lives. Robert Guest:
http://www.dallascriminaldefenselawyerblog.com/2009/03/a_detective_called_and_asked_m.html
I humbly submit one of my own blog entries. I wrote this one out of frustration regarding the continuing trend of popular media writing "articles" without doing research, simply regurgitating tired old false arguments about forensic science.
It also points out a reoccurring theme in my blog - get crime labs out of police/prosecuting agencies.
http://www.forensicsguy.com/benchnotes/2009/popular-mechanics-on-forensics/