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Defending the Constitution
A Blog by Chris Fialko

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Monthly Archives: March 2012

Two articles that keep me thinking

Posted on March 11, 2012 by Chris Fialko
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I keep thinking about and re-reading Adam Gopnik’s article, The Caging of America.

I know you are busy, but I hope you will read it, and think about what mass-incarceration is doing to America.

This morning’s Op-Ed in the New York Times by Michelle Alexander, suggesting the equivalent of a Strike by defendants against taking pleas has me thinking even more.

–Chris

Posted in Criminal Defense | Leave a reply

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DEFENDING THE CONSTITUTION

A couple of years ago I walked into a Superior Courtroom I had not been to for a long while, and up on the bench was a judge that I had not seen in an even longer while. The judge and I had fought cases against each other in the 1990s when he was a prosecutor.

Upon spying me, the judge bellowed, “Well, how the hell are you Counselor Fialko?” Caught off guard in the full courtroom, and without thinking, I replied, “Your honor, I’m just trying to defend the Constitution one day at a time.”

The judge laughed, and said “I see how that could be a full-time job.”

Ever since that day, I’ve been using that catch-phrase often, whenever I meet someone new, or see someone I haven’t seen in a while. While I say it mostly to be funny and break the ice, it also appears to be a barometer: the people who laugh and appreciate the comment tend to understand the crucial role of a criminal defense lawyer in our society. On the other hand, if my quip is greeted by frowning silence, I become immediately wary.

So, here’s my blog, mostly about issues that arise when criminal defense lawyers go about defending their clients, and the Constitution.

Thanks for reading.

–Chris

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Recent Posts

  • Add Messy to Checklists
  • Two articles that keep me thinking
  • An American Moment
  • New trial for Michael Peterson
  • Rudolf ventures back to Durham

Archives

  • December 2012
  • March 2012
  • January 2012
  • December 2011
  • November 2011
  • November 2010
  • April 2010
  • January 2010
  • December 2009
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