ANOTHER SHOE

"Downtown boys they talk so pretty, 
It's so hard to be a saint in the city."
Bruce Springsteen, It's Hard to be a Saint in the City. 


When scandals like this happen there is always a natural inclination to believe that there is more to come.  Some sources tell us that there are more bailiffs involved and other sources tell us absolutely not. There really is no way to tell. But know this: this was not the only improper/illegal referral of cases occurring in the REGJB. Not even close. 
What do you think? Was this the only bailiff doing this? 


NEW ID INSTRUCTIONS IN NEW JERSEY
New Jersey has become one of the first states to recognize the problems inherent with eye witness identification.  A judge now must tell jurors before deliberations begin that "for example, stress levels, distance or poor lighting can undercut an eyewitness’s ability to make an accurate identification. Factors like the time that has elapsed between the commission of a crime and a witness’s identification of a suspect or the behavior of a police officer during a lineup can also influence a witness"  the new instructions warn.

And in cases involving cross-racial identifications, judges now instruct jurors that “research has shown that people may have greater difficulty in accurately identifying members of a different race. You should consider whether the fact that the witness and the defendant are not of the same race may have influenced the accuracy of the witness’s identification... Human memory is not foolproof. Research has revealed that human memory is not like a video recording that a witness need only replay to remember what happened. Memory is far more complex.”

A good start.  Thanks to David S Markus (not DOM) here is the complete instruction:
New NJ Instruction On eyewitness identification

A Sharp Edge: Interesting case going on in Broward. Read the following document to get the details. Basically the Broward cops use a CI to infiltrate a 12 step program and take down someone who is relapsing by getting them to traffic in drugs. Sad and shocking. 
Very Version Final Final Final Sharp-5xxxx-2

There is something unsettling about the bailiff scandal. It's hard to put our finger on it. Something about the client being called by the bailiff for money and more money and then a gift. Something about the lawyer letting the bailiff run the client in terms of quoting and collecting the fee. It just makes all of us look bad. We're not calling for anyone to be disbarred or for the bailiff to go to prison. We're just saying the whole episode is unseemly and it reflects badly on our profession and it cheapens what we do. In the end, that's what the punishment in this case (if there is any) needs to reflect. The effect on our profession, our courts, our reputation. 


The more we think about this mess, the worse we feel. 


But a nice summer weekend is coming up. Get outside and enjoy it.