criminal behavior

April 9, 2025

The Bar Association’s Criminal Justice Mental Health Standards, With Commentary

Adopted August 2016; Revised Commentary 2017 and 2024.

FROM THE INTRODUCTION:

Persons with mental disorders are disproportionately represented in the criminal justice system. Studies suggest that anywhere from 16 to 24% of people in jails and prisons have a serious mental illness.1 This rate is three to 12 times higher than the rate of serious mental disability in the community, 2 and at least three times higher than the population in psychiatric hospitals.3 It also represents a vast increase over the incarceration rate of people with mental disability 30 years ago, when the first edition of these Standards was promulgated.4 If mental disorder is defined more broadly, to include personality disorders, the percentages involved in the criminal system skyrocket to over 50%.

March 29, 2025

News Briefs and Summaries from the NJSBA, March 28, 2025

by David Badertscher

These News Briefs and Decision Summaries are from the the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed

NEWS BRIEFS:

Unprecedented Mobilization:’ Tidal Wave of Threats Gives Legal Departments Their Biggest Test Since COVID

March 14, 2025

The Rusty Chronicles: Roger Citron Reviews Scott Turow’s Presumed Guilty

by David Badertscher

In Presumed Guilty, Scott Turow revisits the world of legal drama, charting the transformation of his iconic protagonist, Rusty Sabich, from prosecutor to defense attorney in a rural setting. Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Turow’s latest legal thriller, exploring how the author’s storytelling has evolved while maintaining his signature blend of courtroom intrigue and legal realism. Citron argues that Presumed Guilty deepens Turow’s exploration of justice, race, and personal growth, presenting Rusty not just as an older character but as a more mature and introspective one:

Click here to read Professor Citron’s Notes on Scott Turow’s Presumed Guilty

Refeerence:

March 11, 2025

ABA Issues Guidance Allowing Lawyers Discretion When They are Victims of Crime by Client: Formal Opinion 515

by David Badertscher

FROM THE AMERICAN BAR ASSOCIATION (ABA):

“The American Bar Association Standing Committee on Ethics and Professional Responsibility released a formal opinion on March 5, 2025, that provides clarification on when a lawyer may divulge information when they are a victim of a crime by a client or prospective client.

Formal Opinion 515 states that “a lawyer who is the victim of a crime by a client or prospective client may disclose information relating to the representation to the appropriate authority in order to seek an investigation and potential prosecution of the alleged offender or other services, remedy or redress. To the extent that the information would otherwise be subject to the lawyer’s duty of confidentiality under Model Rule of Professional Conduct 1.6, the information is subject to an implicit exception to the Rule.”

March 8, 2025

Do State Legislatures Have to Obey U.S. Supreme Court Decisions?

by David Badertscher

In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions? Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

February 22, 2025

Beyond Remorse: Understanding Those Who Do Not Regret Their Actions

by David Badertscher

“Beyond remorse” refers to, individuals who exhibit a lack of regret or guilt for their actions, often associated with a personality disorder like antisocial personality disorder (ASPD), where people may not understand the harm they cause others and therefore do not feel remorseful, even when confronted with the consequences of their behavior.”

In a February 18, 2025 essay, No Regrets, in VERDICT, Cornell law professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives. Below, we include an abstract of Professor Margulies’ essay, including a link to his complete posting, a list of key points about people who lack remorse and some potential causes.

ABSTRACT: