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July 2, 2008

Some Heller thoughts from around the blogosphere

I see these new notable new Heller posts from around the law professor blogosphere:

Dan's thoughtful post is a response to my recent suggestion in this post that Heller's forceful embrace of an individual "right of law-abiding, responsible citizens to use arms in defense of hearth and home" could create huge headaches for prosecutors in the day-to-day operation of the criminal justice system.  Dan ends his post with this suggestion that criminal defense attorneys will not get too much mileage from Heller:

Defense lawyers may have fun with Heller for a while but I suspect that they'll soon discover little to play with, and they'll return to the bread and butter.  Dramatic closings; perilous cross-examination; and of course plea bargain after plea bargain after plea bargain.

I think Dan is probably right, but I also believe that the eagerness that courts may show in limiting Heller in the criminal justice context will ultimately serve to undermine broader litigation efforts to secure gun rights through constitutional rulings.

July 2, 2008 at 05:29 PM | Permalink

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» Is This What They Think of Criminal Defense Lawyers? from Simple Justice
So I'm reading Doug Berman, as usual, and come to a quote by some lawprof named Dan Filler from [Read More]

Tracked on Jul 3, 2008 7:21:59 AM

» Is This What They Think of Criminal Defense Lawyers? from Simple Justice
So I'm reading Doug Berman, as usual, and come to a quote by some lawprof named Dan Filler from [Read More]

Tracked on Jul 3, 2008 8:22:07 AM

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