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Articles by Daniel Medwed
Harvard grad student planning to sue the MBTA must prove negligence first, legal analyst says
A grad student announced last week that she's planning to sue the MBTA for a separated shoulder she suffered when a decrepit utility box fell and hit her at the Red Line's Harvard Square station. Northeastern University law professor and GBH legal analyst Daniel Medwed joined GBH's Morning Edition co-hosts Paris Alston and Jeremy Siegel to discuss the case, and the laws that govern personal injury lawsuits against the transit agency. This transcript has been lightly edited.
New evidence could exonerate girlfriend charged in Boston police officer’s death, defense claims
New evidence is emerging in the case of a Boston police officer who died in a snowbank last year, apparently after being struck by his girlfriend's car in Canton. Authorities charged the girlfriend, Karen Read, with several crimes surrounding the death of Officer John O'Keefe, including manslaughter. But according to the defense, there is new evidence that casts doubt on Read's involvement and instead points to a different and potentially alarming theory of O'Keefe's death.
What to expect today at Trump's arraignment
Former President Donald Trump is expected to surrender to criminal charges this afternoon following last week's indictment. After he goes through the routine steps of felony arrest processing, he will be arraigned in criminal court and most likely released on his own recognizance pending trial. GBH legal analyst and Northeastern law professor Daniel Medwed joined Morning Edition hosts Paris Alston and Jeremy Siegel to walk through what to expect from the process.
When lawyers sleep on the job, defendants face an uphill climb to justice
Sixty years ago, the Supreme Court recognized that criminal defendants have a right to counsel at trial, which means that if they're too poor to pay for an attorney, the government will assign one. Nowadays, defendants have a right not only to a lawyer, but to an effective lawyer. But judges have struggled with how to draw the line between effective and ineffective, and this has huge implications: If a judge finds that defense counsel is ineffective, it can lead to a new trial.
Should 18-year-olds be imprisoned for life?
In the criminal justice system,18 is the traditional demarcation between juveniles and adults. But that line might be moving up, at least if advocates in a high-profile Supreme Judicial Court case have their way. Northeastern law professor and GBH legal analyst Daniel Medwed joined GBH’s Morning Edition co-host Jeremy Siegel to talk about this case and the issue of age and criminal responsibility. This transcript has been lightly edited.
What would happen if Lindsay Clancy claims insanity in Duxbury case?
The tragic case of a Duxbury woman who appears to have killed all three of her children last week has generated worldwide attention. It has also prompted questions about why this happened in the first place, and what the appropriate legal consequences should be. Northeastern law professor and GBH legal analyst Daniel Medwed joined GBH's Morning Edition co-hosts Paris Alston and Jeremy Siegel to discuss the case. This transcript has been lightly edited.
Well-connected and under arrest: What happens when politicians' family members go to court?
Riley Dowell, the daughter of Massachusetts Congresswoman Katherine Clark, is facing several charges in the aftermath of a protest on Boston Common over the weekend. She was arraigned in court Monday, and the situation has raised questions about what exactly happened and what it means when a member of a high-profile lawmaker's family is involved in a legal situation.
From First Amendment to business pressures: How can Twitter moderate content?
Since Elon Musk took over Twitter in October, the transition has been chaotic, to say the least, with the introduction of more public analytics counts and Blue Check drama. But a recent Twitter exchange between controversial social media personality Andrew Tate and climate activist Greta Thunberg resurfaced the cultural debate about the benefits and detriments of the idea of free speech on social media.
DNA Is the Best Tool Courts Have. That Doesn’t Mean They Always Use it Accurately.
Yes, DNA technology is amazing. Roughly 99.9 percent of human DNA is identical from person to person; the other 0.1 percent is what distinguishes each of us, and scientists have long sought to pinpoint those differences. Advancements in DNA testing allow us to identify the source of a genetic profile with unparalleled accuracy and from ever smaller quantities of biological material like blood, semen, hair, saliva, or skin tissue.
Swift justice: What's behind Taylor Swift fans' lawsuit against Ticketmaster?
When Taylor Swift announced she was going on tour in 2023, the first time in nearly five years, fans got angry when Ticketmaster, the giant online ticket seller, botched the ticket sale rollout. That anger grew as a love story turned into a legal story and produced calls for an antitrust investigation, and a class action lawsuit was filed.
The U.S. Prison System Doesn't Value True Justice
A Maryland judge recently overturned the conviction of Adnan Syed, a middle-aged man imprisoned for murdering his high school sweetheart. The case received national attention, largely because it was the subject of the wildly popular podcast Serial. Lost amid the hubbub, all those cries of “justice at last,” is a more sobering reality. It took 23 years to reach this moment; it demanded the efforts of countless elite lawyers and high-profile journalists; and Syed was not actually exonerated.
How the Courts Stack the Odds Against the Innocent
Writing in 1923, the prominent American judge and legal philosopher Learned Hand stated that “under our criminal procedure the accused has every advantage. While the prosecution is held rigidly to the charge, [the defendant] need not disclose the barest outline of his defense. He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve [jurors]…. Our dangers do not lie in too little tenderness to the accused.
How many innocent people is the plea bargain sending to prison?
There are just enough high-profile criminal trials to give the impression that heated courtroom battles over guilt or innocence are the norm. That defendants routinely exercise their constitutional right to a trial by jury, allowing the adversary system and regular citizens to decide their future. Think O. J. Simpson. Dzhokhar Tsarnaev. Derek Chauvin. In truth, the criminal trial is a vanishing species, a casualty of the steady rise of plea bargaining.
What the Wrongful Conviction and Imprisonment of Marvin Anderson Reveals About the American Legal System
In 1982, a Black man on a bicycle approached a white woman in a wooded area of rural Hanover County, Virginia. The man threatened her with a gun and sexually assaulted her. After the attack, the victim rushed to a local hospital, where she told police she would never forget the man’s face. She described the assailant as a light-skinned Black man with a medium frame, short hair, and a mustache. There were few other clues to his identity except for one the police glommed on to.
Barred By Daniel S Medwed
Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system's stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies.
Barred: Why the Innocent Can't Get Out of Prison (Hardcover)
Praise For… “Excellent…A model of clarity and persuasiveness.
Daniel Medwed, in conversation with ACLU Executive Director Hector Villagra, discusses Barred: Why the Innocent Can’t Get Out of Prison
Warning message Mean Menu style requires jQuery library version 1.7 or higher, but you have opted to provide your own library. Please ensure you have the proper version of jQuery included. (note: this is not an error) Join us for a conversation with our Executive Director Hector Villagra and author Daniel Medwed. Our criminal legal system is unjust. And until every single one of us has their dignity and civil liberties intact, the ACLU SoCal will remain steadfast in its fight.
BOSTON: Daniel Medwed w/ Rachael Rollins, BARRED
Porter Square Books: Boston Edition and GrubStreet are thrilled to welcome Professor Daniel Medwed for the release of his latest book, Barred: Why the Innocent Can't Get Out of Prison. Daniel will be joined in conversation by US Attorney Rachael Rollins, who is the top-ranking federal law enforcement official in the District of Massachusetts and the first Black woman to hold that title.
Barred: Why the Innocent Can't Get Out of Prison|Hardcover
English 1541675916 A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible. In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent.
CommonWealth Magazine
MANY PEOPLE ACROSS the United States are devastated by the Supreme Court's decision in Dobbs , which overturned a half century of precedent and abolished the federal constitutional right to abortion. For years, many activists have channeled that despair into fighting for change at the federal level, for instance, by pressing Congress to pass laws that safeguard abortion or alter the size of the Supreme Court.
Public lands preservation legislation comes up short
STATE HOUSE NEWS SERVICE LAWMAKERS WERE UNABLE to find agreement on a bill aimed at maintaining open spaces across Massachusetts in a marathon final formal session Sunday into Monday, but one top negotiator said he remains hopeful the measure can still pass in the coming months. Sen.
In AG debate, Dems play their hands
SHANNON LISS-RIORDAN is the only practicing lawyer who has won settlements for working people. Andrea Campbell brings a "lived experience" to the issues that her rivals don't and now has the backing of outgoing AG and gubernatorial front-runner Maura Healey. Quentin Palfrey is the endorsed candidate of the Democratic Party and stands on the progressive side of a list of issues that separate him from Campbell.
How allyship helped make Bill Russell a legend
ON A BRIGHT and otherwise perfect afternoon at Fenway Park, just before the start of Sunday's game, the PA announcer shared the news of Bill Russell's passing. Many, if not most, had not yet heard. As one commenter recounted, "The sound the crowd made was one I've never encountered before. Gasps of shock and surprise - mixed with a collective, momentary expression of pain and grief.
Why the Kansas ballot question on abortion matters
MANY PEOPLE ACROSS the United States are devastated by the Supreme Court's decision in Dobbs , which overturned a half century of precedent and abolished the federal constitutional right to abortion. For years, many activists have channeled that despair into fighting for change at the federal level, for instance, by pressing Congress to pass laws that safeguard abortion or alter the size of the Supreme Court.
Can people injured on the MBTA sue to the T?
After a series of accidents on the MBTA, including a fire on the Orange Line last week which caused a chaotic evacuation but no injuries, GBH News legal analyst and Northeastern University law professor Daniel Medwed spoke with Morning Edition hosts Paris Alston and Jeremy Siegel about the T’s legal liabilities. This transcript has been lightly edited. Paris Alston: How easy is it to even sue the T? Because aren't there restrictions on suing government agencies most of the time?
Boston police captain cleared of most charges
A BOSTON POLICE captain who was on paid leave for 2½years for violating the rules of conductreturned to work earlier this year and then scored a major victory in June when a hearing officer dismissed most of the violations against him and he received just an oral reprimand for the remaining transgressions.
What is 'seditious conspiracy'? Could Trump face criminal charges for role in Jan. 6 insurrection?
The January 6 hearings opened the door to an almost historically unheard-of event: The possibility of criminal charges against a former U.S. president. For former President Trump to be charged, the House Select Committee investigating the Capitol breach would have to find compelling evidence for seditious conspiracy.
Why U.S. Attorney Rachael Rollins launched a probe into racism allegations in Everett
An investigation is currently underway in Everett by the U.S. Attorney for Massachusetts' Office. The probe comes in the wake of protests and demonstrations against racism and discrimination in the city, which led to the resignation of two city officials. Daniel Medwed, GBH News legal analyst and Northeastern University law professor, joined GBH’s Morning Edition hosts Paris Alston and Jeremy Siegel to talk about investigation, and the context of other investigations around the state and country.
Opponents of undocumented driver’s license bill point to potential for illegal voting. How legitimate are those concerns?
Late last week, the Massachusetts Legislature passed a bill that would allow unauthorized immigrants to secure driver's licenses, the culmination of decades of advocacy by those who believe this enhances public safety. But the measure is not without opposition. Governor Baker formally opposes it and he vetoed the bill on Friday.
Hate crimes and free speech: Where do we draw the legal line?
The horror and hatred surrounding last weekend's massacre in a Buffalo supermarket has shocked the nation, sending yet another chilling reminder about the toxic combination of racism, access to guns and mental health that afflicts some young white men in this country. It also renewed the conversation about hate crimes, the right to free speech and the complicity of white supremacist groups in these tragedies.
Would term limits help with politicization of the Supreme Court?
The possible overturning of Roe v. Wade has underscored the increasing politicization of the Supreme Court, as five Republican-nominated justices appear on the cusp of retracting constitutional protection for abortion. The situation has prompted calls to reform to the very structure of the nation's highest court.
What if your dream home comes with a forecast of raining golf balls?
It's often said that good fences make good neighbors. But what if fences can't protect you from flying golf balls that pelt your property and endanger your children? That's the issue in a bizarre legal case involving a young family that purchased what they thought was their dream home overlooking a golf course in Kingston.
Why the real legal case behind ‘The Girl From Plainville’ is so complicated
The new Hulu docuseries “The Girl From Plainville” dramatizes the case of Michelle Carter, a teen girl from Massachusetts who was convicted of crimes for encouraging her boyfriend, Conrad Roy, to commit suicide by carbon monoxide poisoning. The trial raised questions about the different categories of homicide liability and what might prompt prosecutors to charge a crime as murder as opposed to manslaughter or criminally negligent homicide.
Untangling the legal ethics of lawyers and the Jan. 6 insurrection
With court revelations emerging in recent weeks, the investigation into the Jan. 6 insurrection is heating up. Just a few days ago, a Massachusetts pizza delivery driver was sentenced by a federal court to prison time and parole for participating in the riot. One issue that emerged amid the legal fallout is concern over the extent to which lawyers played a role in the insurrection.
How did the modern Supreme Court confirmation hearing become ‘a political showcase’? Look back to the 1980s
Confirmation hearings for Ketanji Brown Jackson are underway in the Senate Judiciary Committee today. The Harvard-trained judge with some ties to the Boston area is nominated to take the seat on the Supreme Court soon to be vacated by Justice Stephen Breyer. To be confirmed, Jackson will only need a simple majority vote, but that's a relatively new change.
If elected DA, will Kevin Hayden keep Rachael Rollins' progressive policies in place?
Earlier this year, former Suffolk County District Attorney Rachael Rollins became U.S. Attorney for Massachusetts, making her the chief federal prosecutor in the region. Governor Charlie Baker has since tapped an experienced former prosecutor, Kevin Hayden, to serve out the remainder of Rollins’ term.
‘This case is far from over,’ legal analyst says of Tsarnaev death sentence
The U.S. Supreme Court is reinstating the death sentence of Boston Marathon bomber Dzhokhar Tsarnaev after his sentence was overturned on appeal. Daniel Medwed, Northeastern Law professor and GBH News legal analyst, joined hosts Paris Alston and Jeremy Siegel on Morning Edition to talk about the high court's decision last week and its implications for both Tsarnaev and capital punishment more generally. This transcript has been edited for clarity and length.
Ketanji Brown Jackson would be the first public defender on the Supreme Court. What impact could she have?
Last week, President Biden announced the nomination of Judge Ketanji Brown Jackson to join the U.S. Supreme Court and take the seat soon to be vacated by Justice Stephen Breyer. Daniel Medwed, Northeastern Law professor and GBH News legal analyst, joined hosts Paris Alston and Jeremy Sigel on Morning Edition to talk about the significance of this nomination and how it could affect the trajectory of the court. This transcript has been edited for clarity and length.
How far is too far? Legal analyst dives into privacy concerns in Massachusetts wiretapping proposal
A new proposal before the state Legislature would expand Massachusetts’ wiretapping law. But privacy advocates, and GBH legal analyst Daniel Medwed, worry that it could signal government overreach and open up what’s available to law enforcement too much.
Does a Fair Way to Decide Who Gets The Death Penalty Actually Exist?
Jurisprudence By Michael Meltsner and Daniel S. Medwed Feb 22, 202212:22 PM San Quentin’s death lethal injection facility is shown before being dismantled at San Quentin State Prison on March 13, 2019 in San Quentin, California. California Department of Corrections and Rehabilitation via Getty Images This year is the fiftieth anniversary of the Supreme Court’s decision in Furman v.
How will the Mass. juvenile justice system handle the Woburn bullying case?
A hearing is scheduled this morning in juvenile court to determine whether there's enough evidence to issue criminal charges against seven Woburn Memorial High School students accused of bullying a freshman football player last fall. This is just the latest in a string of high-profile incidents of bullying in local schools, including and Duxbury and Danvers.
Evidence indicates Boston police officer’s death likely an accident as girlfriend faces criminal charges
A funeral was held yesterday for Boston Police Officer John O'Keefe, who died after apparently being struck by his girlfriend's car in Canton during the blizzard at the end of January. Authorities have charged the girlfriend, Karen Read, with a number of crimes. Daniel Medwed, GBH News legal analyst and Northeastern University law professor, joined host Henry Santoro on Morning Edition to discuss legal issues around the case. Henry Santoro: Let's start with the facts of this case.
Mass. highest court to weigh in on racial bias in predatory home loans
The Supreme Judicial Court, the highest court in Massachusetts, holds oral arguments for cases on appeal during the first week of each month from September through May. Daniel Medwed, GBH News legal analyst and Northeastern University law professor, joined host Henry Santoro on Morning Edition to discuss highlights from this month’s docket. This transcript has been edited for clarity and length. Henry Santoro: So let me ask you, what caught your eye in this week's oral argument calendar?
State’s highest court could weigh in on constitutionality of gig economy ballot question
The legal debate over how to classify workers in the modern gig economy has reached Massachusetts, with a ballot initiative possibly headed for a vote this fall that would affect how rideshare drivers, among others, are treated. Daniel Medwed, GBH News legal analyst and Northeastern University law professor, joined host Henry Santoro on Morning Edition to discuss. This transcript has been edited lightly for clarity and length. Santoro: Let's start with the ballot questions.
Why Massachusetts has a ‘culture of caution’ on clemency and commutations
Last week, Gov. Charlie Baker commuted the sentences of two Massachusetts prisoners, Thomas Koonce and William Allen, the first time he has drawn on clemency power to spare criminal defendants. Daniel Medwed, Northeastern University law professor and GBH News legal analyst, joined host Henry Santoro on Morning Edition today to discuss why clemency in Massachusetts is so rare. This interview has been edited for clarity and length. Henry Santoro: Let's start with the basics of this case.
As Rollins becomes US attorney, Mass. undergoes a transformation in local DAs
Former Suffolk County District Attorney Rachael Rollins was sworn in yesterday as the new chief federal prosecutor for Massachusetts, which means that Massachusetts will have at least three new chief county prosecutors after the next election cycle. Daniel Medwed, GBH News legal analyst and Northeastern University law professor, joined host Henry Santoro on Morning Edition to discuss the significance. This transcript has been edited lightly for clarity and length.
Protesters opposed vaccine passports in Boston- do they have a legal leg to stand on?
A doctor puts a label on a COVID-19 vaccination card. skaman306/Getty Images Yesterday, Boston Mayor Michelle Wu announced a set of regulations designed to stem the rising tide of COVID infections in the city, including so-called vaccine passports, to permit attendance at certain venues. Daniel Medwed, GBH News legal analyst and Northeaster University law professor, joined host Henry Santoro on Morning Edition to discuss the legal side of the news.
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