Jarvis Taylor was on trial for committing an armed robbery with an air gun. Because his prior criminal history included theft by receiving stolen property, possession of a tool for the commission of a crime, and aggravated assault for his actions during a jail riot, a conviction for the armed robbery would have meant a […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2015-03-30 17:30:532015-03-30 17:30:53Does the Jury Have the Right to Know About Mandatory Minimums?
It’s a scene I have witnessed hundreds, if not thousands, of times. At a first appearance hearing, a magistrate judge calls the calendar as twenty or so inmates in orange or green jumpsuits are brought out chained to one another. The look on their faces is one of shock or of last night’s drugs or […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2015-03-23 22:36:422015-03-23 22:36:42Study Shows that Few Have Counsel for Bond Hearings
I just read at Bitter Lawyer and The Lawyerist about a show cause order issued by the United States Supreme Court for the submission of a certiorari petition that was hard to read and which departed significantly from the Supreme Court rules. What happened? The lawyer allowed the client to draft the certiorari petition. I […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2015-03-12 22:45:452015-03-12 22:45:45Lawyer Who Let Client Write Brief Faces Sanctions from SCOTUS
The Federalist has a piece up positing that Conservatives are outdoing Liberals at criminal justice reform. Until recently, I would not have taken an article like this seriously. I’m now a few weeks into my time as the Legislative Chair of the Georgia Criminal Defense Lawyers. In that time, I’ve watched a groundbreaking new eyewitness […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2015-02-28 16:45:092015-02-28 16:45:09Are Conservatives Better than Liberals at Criminal Justice Reform?
In Georgia, juries generally don’t get to decide the sentence. Only where the State is seeking death does the jury get a hand in sentencing. Not only do Georgia juries not get a say in sentencing decisions, our law is designed not to let them know a great deal about what might happen at sentencing. […]
This year, I am the new legislative chair of the Georgia Association of Criminal Defense Lawyers. A big part of that job involves evaluating bills before Georgia’s General Assembly and reporting on them to our membership and to our lobbyist. When I make those reports, I am also going to take what I am learning […]
Just a brief note that I will be at the Georgia Supreme Court today arguing Hemy Neuman v. Georgia. I hope that the public attention this case receives helps to educate the public about the work of our Supreme Court and the appellate process in general. The Court will stream the argument live at 2pm. […]
It’s been a long holiday season, and January’s been a busy time. I’m hoping to re-develop the blogging habit. And I find that I am much better at writing posts when I’m reading posts. Toward that end, I opened up the RSS app and caught back up on my favorite blogs, Simple Justice and Defending […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2015-01-18 21:58:432015-01-18 21:58:43To Be a Better Listener / To Ask for Advice Better
According to the American Bar Association Journal, public schools nationwide are backing down from entrenched zero-tolerance policies. While public school administrators may sincerely like to move toward a system where they can exercise discretion in the handling of serious disciplinary cases, I don’t foresee real change on the horizon because funding systems rewards expulsion of […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2014-08-26 06:00:242014-08-26 06:00:24The Economic Reason why Zero Tolerance Will Remain in Place at Public Schools
USA Today reports that a petition was submitted to the Obama administration advocating a policy that would require law enforcement to be equipped with a camera to record any interaction with the public. I suppose it would be something akin to a mandatory Google glass at all times for law enforcement. That sounds awfully good […]
00J. Scott Key/wp-content/uploads/SK-Logo-Black-White.pngJ. Scott Key2014-08-25 06:00:462014-08-25 06:00:46Mandatory Body Cameras on Law Enforcement: Just More of the Same
Does the Jury Have the Right to Know About Mandatory Minimums?
/by J. Scott KeyJarvis Taylor was on trial for committing an armed robbery with an air gun. Because his prior criminal history included theft by receiving stolen property, possession of a tool for the commission of a crime, and aggravated assault for his actions during a jail riot, a conviction for the armed robbery would have meant a […]
Study Shows that Few Have Counsel for Bond Hearings
/by J. Scott KeyIt’s a scene I have witnessed hundreds, if not thousands, of times. At a first appearance hearing, a magistrate judge calls the calendar as twenty or so inmates in orange or green jumpsuits are brought out chained to one another. The look on their faces is one of shock or of last night’s drugs or […]
Lawyer Who Let Client Write Brief Faces Sanctions from SCOTUS
/by J. Scott KeyI just read at Bitter Lawyer and The Lawyerist about a show cause order issued by the United States Supreme Court for the submission of a certiorari petition that was hard to read and which departed significantly from the Supreme Court rules. What happened? The lawyer allowed the client to draft the certiorari petition. I […]
Are Conservatives Better than Liberals at Criminal Justice Reform?
/by J. Scott KeyThe Federalist has a piece up positing that Conservatives are outdoing Liberals at criminal justice reform. Until recently, I would not have taken an article like this seriously. I’m now a few weeks into my time as the Legislative Chair of the Georgia Criminal Defense Lawyers. In that time, I’ve watched a groundbreaking new eyewitness […]
If Juries Could Impose the Sentence
/by J. Scott KeyIn Georgia, juries generally don’t get to decide the sentence. Only where the State is seeking death does the jury get a hand in sentencing. Not only do Georgia juries not get a say in sentencing decisions, our law is designed not to let them know a great deal about what might happen at sentencing. […]
My Take on Georgia’s Forfeiture Legislation
/by J. Scott KeyThis year, I am the new legislative chair of the Georgia Association of Criminal Defense Lawyers. A big part of that job involves evaluating bills before Georgia’s General Assembly and reporting on them to our membership and to our lobbyist. When I make those reports, I am also going to take what I am learning […]
Today’s Oral Argument
/by J. Scott KeyJust a brief note that I will be at the Georgia Supreme Court today arguing Hemy Neuman v. Georgia. I hope that the public attention this case receives helps to educate the public about the work of our Supreme Court and the appellate process in general. The Court will stream the argument live at 2pm. […]
To Be a Better Listener / To Ask for Advice Better
/by J. Scott KeyIt’s been a long holiday season, and January’s been a busy time. I’m hoping to re-develop the blogging habit. And I find that I am much better at writing posts when I’m reading posts. Toward that end, I opened up the RSS app and caught back up on my favorite blogs, Simple Justice and Defending […]
The Economic Reason why Zero Tolerance Will Remain in Place at Public Schools
/by J. Scott KeyAccording to the American Bar Association Journal, public schools nationwide are backing down from entrenched zero-tolerance policies. While public school administrators may sincerely like to move toward a system where they can exercise discretion in the handling of serious disciplinary cases, I don’t foresee real change on the horizon because funding systems rewards expulsion of […]
Mandatory Body Cameras on Law Enforcement: Just More of the Same
/by J. Scott KeyUSA Today reports that a petition was submitted to the Obama administration advocating a policy that would require law enforcement to be equipped with a camera to record any interaction with the public. I suppose it would be something akin to a mandatory Google glass at all times for law enforcement. That sounds awfully good […]