Modern Detection
Stephen learned how to investigate not in law school, but before - when he was a reporter – and after – when he was investigating cases on the job. As a journalist, he spent years interviewing people, trying to interview people, staking out buildings and homes, poring through documents, and analyzing data – and then explaining what he had learned to strangers. As a young lawyer, he worked closely with some great former prosecutors on some intense and complicated matters.
Over the years, Stephen wished that there were resources or guides that he could provide colleagues or other lawyers so that they could be better at investigating. And then he read the Sherlock Holmes stories and realized that the great detective felt the same way (or at least his author Sir Arthur Conan Doyle did). Holmes had other lessons for investigators that are scattered throughout the stories, lessons that Stephen has shared in a webinar for the Federal Bar Association. Compiling these lessons was Holmes’ dream: “to devote my declining years to the composition of a text-book which shall focus the whole art of detection into one volume.”
Holmes may not have gotten around to writing this textbook, but Stephen is trying to do so one article at a time. Think of this as a quasi-sequel to the book that Sherlock Holmes would have written if he were real, sharing thoughts about investigative techniques and strategies using real-life and fictional examples.
Relevance and The Social Network
Evidentiary rules and the Social Network - why the law does not work the way that the movie implies
Two Witness Rule: Understanding Its Impact and Application
One challenge for prosecutors or reporters is knowing when you have enough evidence to charge or write. There is no absolute rule, but some version of the “two witness rule” has been used at times by federal courts, Woodward and Bernstein, and even the Bible, so it’s a good start and worth knowing! The basic concept of the “two witness rule” is that a person cannot be convicted solely on the word of a single witness. If all you have is one person’s word against another’s, that generally is not good enough.
Miranda Rights: Debunking Common Legal Protection Myths
Tana French and Stephen King are amazing storytellers, but some of their characters get a crucial legal principle wrong, just like many people in real life do. People think they know their Miranda rights based on what they have seen on TV, but many do not know how Miranda actually works, sometimes with disastrous consequences.
Right to Counsel: The Importance of Defense Lawyers in Pop Culture
One scene in the excellent new Star Wars series Andor has stuck with me because it answers something that I had long suspected – there are no defense lawyers in the Empire, or at least there is no right to one. This is not surprising, and it’s a useful reminder about how our basic rights should not be taken for granted.