James, Schwartz & Associates, P.C.

08/17/2021

A stunning game changer.

The startling allegations relate to the detectives' testimony in the 2016 murder retrial of Anthony Wright.

06/01/2021

Here in Philadelphia, the doctrine of qualified immunity packs a particularly harsh blow in light of the Philadelphia Police Department’s dismal Internal Affairs record, write Jonathan H. Feinberg and Lauren Bonds. TOM GRALISH / Staff Photographer

09/16/2020

As long as we grant qualified or absolute immunity to police and prosecutors who fabricate evidence, suppress exculpatory evidence, and suborn perjury, this article comes as no surprise. There is no difference between a prosecutor who, in his "investigative" function intentionally fabricates evidence, and one who, at trial, knowingly presents fabricated evidence or testimony. Yet in the first case, she may be accountable (only if the hurdles of qualified immunity are overcome), and in the second, is absolutely immune from suit.

Wrongly convicted Black defendants were slightly more likely than whites to be victims of misconduct, especially in drug and murder investigations.

09/16/2020

This is a complex issue that is worthy of debate.

District Attorney Larry Krasner has filed a petition with the state Supreme Court to end the practice of broadcasting trials over YouTube. He says doing so causes undue risk to witnesses.

06/29/2020

And the band played on .....

The District Attorney's Office “dropped the ball with their responsibility to look into" claims of widespread lying and falsified reports by members of the 150-officer narcotics bureau, the public defender's office claims. It wants the courts to intervene.

06/15/2020

SCOTUS' apparent unwillingness to revisit one of the worst legal fictions (Qualified Immunity) ever concocted to prevent meritorious Sec. 1983 plaintiffs from recovering damages for obvious violations of their civil rights, may be an effort of some on the Court to rely on its own legal precedent to preserve the ruling in Roe v. Wade.

The U.S. Supreme Court on Monday declined to hear eight cases involving a legal defense called qualified immunity that can be used to shield government officials from lawsuits including seven involving police accused of excessive force or other misconduct.

02/19/2020

Appointing judges is no panacea, but continuing to elect judges will lead to headlines like this.

Younge will avoid a trial on charges that she had failed to be impartial, demonstrated an improper demeanor and denied parties their right to be heard in court.

12/26/2019

The perils of privately owned and operated prisons.

Five female inmates at Delaware County’s George W. Hill Correctional Facility spent Christmas night in hospitals after overdosing on he**in, authorities said.

12/12/2019

True comment by Hans Menos,head of the civilian Police Advisory Commission: “The Police Department is incredibly bad at investigating its own people." Imagine if we did not have videotape corroborating the police abuse.

The charges echo allegations made by defense lawyers, who have rung alarm bells over Reid’s unusually history of citizen complaints, including 10 allegations of physical abuse, and uses of force, including the shootings of six people in the course of duty.

08/21/2019

Well said.

Philadelphia has become a national model for the reduction of high levels of incarceration and for criminal justice reform.

06/21/2019

Another example of how when Philadelphia gets into the national news it is never good news.

Police officials in Philadelphia are describing the action as the largest removal of officers from the street in recent memory.

05/23/2019

Now this is a headline you don't see very often!

The assertions, made in a brief that Krasner’s office filed Wednesday, mark the first time that the city’s top prosecutor — who has already said Mill deserves a new trial — has publicly criticized Common Pleas Court Judge Genece E. Brinkley for her handling of Mill’s case.