The Eighth Amendment to the U.S. Constitution prohibits “excessive bail.” Over time, courts have made numerous rulings on what constitutes “excessive,” but our country still finds itself in the midst of a bail crisis. By some estimates, as many as 70 percent of that jail population in the United States are behind bars because they […]
Nashville has more than 180 music venues in addition to the venerable Grand Ole Opry House and Ryman Auditorium. The Music City hosts concerts, festivals and events year-round that attract both Tennessee residents and visitors. Unfortunately, visitors to Tennessee sometimes make costly, inconvenient mistakes such as using drugs, driving drunk or breaking the law in […]
What is ineffective assistance of counsel in a criminal case? Thanks to the Sixth Amendment and associated court rulings, criminal defendants are entitled to the assistance of counsel — and that counsel is to be effective. However, the standards for determining when counsel has been constitutionally ineffective are hard to meet. First, the attorney must […]
Not all evidence is admissible in a courtroom. Mistakes can be made throughout police investigations, and illegally obtained evidence can be tossed. In a suppression hearing, a judge will decide if evidence should be suppressed. What kind of evidence is inadmissible and why? Below, we provide an overview of the reasons evidence can be suppressed […]
The National Registry of Exonerations has just released data on the 139 people known to have been exonerated in 2017, along with historical data. This information gives us some insight into why 139 innocent people ended up behind bars, and how they ended up getting freed. Exonerations are rising due to prosecutors and professional advocates […]
In Tennessee, people who are convicted of DUI after a blood or breath test are required to pay the Tennessee Bureau of Investigations, which performs those tests, a $250 fee. People who are not convicted are not required to pay the fee. The state’s Court of Criminal Appeals recently found that to be unconstitutional because […]
