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On Criminal Justice, Kavanaugh Might Be More Centrist than Kennedy

Some commentators argue that Brett Kavanaugh will shift the Supreme Court to the right, based on metrics that show him more conservative than retiring Justice Anthony Kennedy. But a close look at how Kennedy voted in more than a dozen cases reveals he was far from a “moderate” on criminal procedure—which suggests Kavanaugh might actually move the court towards the center on those issues, writes a former federal prosecutor.

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A Team Approach to Criminal Defense

As fewer and fewer dollars are spent on indigent defense—and as more and more people charged with a crime qualify for free legal counsel—representing criminal defendants has become increasingly more specialized and complicated. More than a century and a half ago, Abraham Lincoln warned that “a person who represents himself has a fool for a client” (although when Lincoln practiced, most defendants, even those charged with serious criminal offenses, were expected to represent themselves if they could not afford an […]