Yesterday I was set to try a misdemeanor battery case that provided an excellent illustration of the pathetic unreliability of eyewitness identification. There has been a bar fight. The supposed victim couldn’t identify his attacker, because he was jumped by about five guys, knocked out and couldn’t remember much. The state’s star witness was fellow […]
A client asked me what would happen if he committed a crime and then hit his head wiping out any memory of the event.
If your brain damage is so great that either (1) you cannot understand the nature of the proceedings against you; or (2) you are unable to assist in your defense, then you are unfit to proceed and cannot be prosecuted. This does not mean you will be released, at least not right away. People found unfit to […]
The general common law rule followed in Arkansas is that the victim of an unlawful attack may defend himself with an amount of force proportional to the amount of force used against him. For example, while a gun can be used against a gun or knife wielding assailant, it cannot generally be used against an […]
Cases where their clients confess are probably the most difficult for defense attorneys. When a defendant confesses, juries almost always convict. The psychology at work here is obvious: Why would someone admit to something capable of landing them in prison unless they really did it? The proposition that only the guilty (and perhaps also occasionally […]
Possession of marijuana has been criminalized in most states since the 1930s. At long last the tide appears to be turning: Colorado and Washington have legalized recreational use of the drug. Oregon and Alaska have enacted legislation to the same effect. Washington, DC appears on the brink of following suit. Nonetheless, marijuana remains illegal both […]
The real reason so many support capital punishment is that they take pleasure inflicting pain on those they hate. Of course, they aren’t likely to admit this, but it’s very easy to prove that it is so. Throughout most of history punishments were vindictive. As recently as the 1700s virtually every crime–from cutting down a […]
My name is Greg Klebanoff and I am here to welcome you to my blog. I am an attorney and I specialize in Criminal and Family Law though I do many types of litigation. My law firm is in Fayetteville Ar. where I have been based for many years. I hope that you are here to just peruse […]