Don't unleash FBI

Article Abstract:

The Federal Bureau of Investigation does not need and shows no sign of being able to handle the expanded discretionary powers of investigation it is seeking in Congress and in reinterpreting existing rules. Internal problems and a consistent lack of self-awareness argue against its ability to use these powers wisely, and it already operates under remarkably few restrictions. Lawyers and citizens have an obligation to aggressively protect our rights against those seeking to trample them in our own name.

Political activity, Political aspects, Civil rights, Governmental investigations, Government investigations

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The FBI laboratory system is deeply flawed

Article Abstract:

The FBI laboratory is guilty of sponsoring inaccurate evidence in many cases and the forensic science function should be taken from it and all federal law enforcement agencies. Congress should establish a Federal Forensic Science Laboratory in the judicial branch and charge it with protecting evidence and performing examinations. Defense and prosecution should both be able to use this facility. In appropriate cases, attorneys should be able to obtain additional experts outside this facility.

Management, Evidence, Expert, Expert evidence

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Severance of trials should be used more often

Article Abstract:

The severance of the trials of Oklahome bombing defendants Terry Lynn Nichols and Timothy McVeigh saved court resources and had a constitutional reason. Granting severance motions forces the prosecution to proceed in a leaner way and may result in fairer treatment for marginal defendants. Prosecutors too frequently imitate the wasteful ways of their counterparts in the civil branch, where summary judgment motions can trim excess. Severance motions can save judicial resources.

Laws, regulations and rules, Criminal procedure, Civil procedure

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