Conviction by Headline: how to we stop the automatic presumption that someone who is arrested for a crime is guilty. Resurrecting the presumption of innocence.
crime
What’s the Law: COVID-19 Edition
Void for Vagueness: It makes sense that if a law is too vague for someone to know what is or is not allowed, that’s not fair. The legal term for “fairness” is “due process.” A law that is too vague to know what it covers can be found to be “void for vagueness.” Similarly, laws […]
Not Guilty
Why I Take Cases to Trial Steve was charged with felony DWI. After two jury trials, and a prosecution that lasted over two years, he was acquitted. Here’s his story: Steve had had three prior DWIs which resulted in two things: 1) he had ignition interlock in his car (so he couldn’t start the car […]
An Open Letter to the Star Tribune
Today, again, the Star Tribune printed an article about DWI arrests that assumes all people arrested for DWI are guilty of DWI. I sent the author of that article the following letter: Mr. Harlow: I appreciate today’s article on DWI arrests, but I do have a few nits to pick. First, your article confuses being […]
“Because DWI . . .”
The Only Explanation Some Minnesota appellate court decisions and statutes can only be explained with a shrug and quietly mumbling “because DWI.” Due process (the legal term for “fairness”) is routinely abandoned in DWI law in ways that is not tolerated in other areas of law. Chief among these is the admissibility of breath tests […]