Trial by Jury or Judge—Which One?

People charged with a crime face the choice of either a jury deciding their case or a judge without a jury.  Which one should the accused pick?  Why would they choose one over the other?  Which one gives them the best chance?”colin.nelson.smallfile

The Constitution provides that an accused person is entitled to a “jury of their peers.”  …

Ethical Lawyers??

It’s a common complaint that all lawyers are crooked.  After practicing as a lawyer for over 30 years, I can agree that some are crooks—but very few, thankfully.  On the other hand, more lawyers act unethically.  Their behavior doesn’t rise to the level of criminal activity but can still harm the public.

What ethical rules apply to …

Incompetent to Stand Trial??

What?  Yet another way for a criminal to “get off” because of some mental problem??colin.nelson.smallfile

In past posts, I’ve written about the recent effort on the part of defense lawyers in various cases around the country to have their clients be found not guilty by reason of insanity.  I’ve discussed the standard that is used in almost all …

James Holmes–Part III

Okay.  I thought two short posts about a mental illness defense in the James Holmes case in Colorado would be enough.  But. . .NO!  You may recall Mr. Holmes was the man who armed himself and walked into a theater in Colorado, opened fire, and killed several people.  Originally, his lawyers had said he would plead not guilty

Is James Holmes Crazy in Colorado? Part II

The alleged mass-killer, James Holmes, has indicated that he will proceed in his trial—where he is accused of entering a theater and shooting dozens of people—with a plea of Not Guilty by reason of insanity.  In a previous post, I explored the history of this legal procedure and what would happen in a trial.  Colorado’s definition of …

Is James Holmes Crazy in Colorado? Part I

The young man who entered a theater in Colorado and shot dozens of rounds as he walked through the building,  killed 12 and wounded 58 others.  James Holmes randomly shot at people as they ducked to save themselves.  Of the 41 calls to 911, one of the scariest is the 27-second call where you can hear 30 shots …