Joshua Lake
@joshualake.bsky.social
Director of the Criminal Justice Clinic at the University of Houston Law Center. Professor of Practice. Former AFPD. Former Colorado PD. Personal Account: opinions are my own only.
Reposted by Joshua Lake
This makes perfect sense to me and I've often wondered how, say, lawyers who use AI to write briefs expect to effectively argue their positions in court.
“When participants used ChatGPT to draft essays, brain scans revealed a 47% drop in neural connectivity across regions associated with memory, language, & critical reasoning.
Their brains worked less, but they felt just as engaged—a kind of metacognitive mirage.”🧪
Their brains worked less, but they felt just as engaged—a kind of metacognitive mirage.”🧪
December 4, 2025 at 2:29 PM
This makes perfect sense to me and I've often wondered how, say, lawyers who use AI to write briefs expect to effectively argue their positions in court.
Reposted by Joshua Lake
Federal CJA defense attys haven’t gotten paid since July, now some are facing eviction as they continue to defend poor people for free
Prosecutors want judges to force attorneys to work unpaid, but defense lawyers say thats unconstitutional and “deeply insulting”
Reports @latimes.com
@nacdl.org
Prosecutors want judges to force attorneys to work unpaid, but defense lawyers say thats unconstitutional and “deeply insulting”
Reports @latimes.com
@nacdl.org
Federal defense lawyers 'face financial ruin' after months without pay, memo says
Last month, federal prosecutors told the court that judges could appoint defense attorneys to work without pay. In a memo this week, defense attorneys said months of nonpayment have "already taken a d...
www.latimes.com
November 14, 2025 at 3:14 PM
Federal CJA defense attys haven’t gotten paid since July, now some are facing eviction as they continue to defend poor people for free
Prosecutors want judges to force attorneys to work unpaid, but defense lawyers say thats unconstitutional and “deeply insulting”
Reports @latimes.com
@nacdl.org
Prosecutors want judges to force attorneys to work unpaid, but defense lawyers say thats unconstitutional and “deeply insulting”
Reports @latimes.com
@nacdl.org
Reposted by Joshua Lake
Fourth Circuit publishes an opinion to make a point that otherwise would go unseen.
www.govinfo.gov/content/pkg/...
www.govinfo.gov/content/pkg/...
November 13, 2025 at 11:55 PM
Fourth Circuit publishes an opinion to make a point that otherwise would go unseen.
www.govinfo.gov/content/pkg/...
www.govinfo.gov/content/pkg/...
Reposted by Joshua Lake
Washington. New Mexico. San Francisco. Los Angeles. Maine. Oregon. Massachusetts.
Just a few of the places where the legal system is breaking because public/private defenders have stopped taking new cases because of their unethical workloads.
A national crisis that few are paying attention to.
Just a few of the places where the legal system is breaking because public/private defenders have stopped taking new cases because of their unethical workloads.
A national crisis that few are paying attention to.
November 13, 2025 at 9:34 PM
Washington. New Mexico. San Francisco. Los Angeles. Maine. Oregon. Massachusetts.
Just a few of the places where the legal system is breaking because public/private defenders have stopped taking new cases because of their unethical workloads.
A national crisis that few are paying attention to.
Just a few of the places where the legal system is breaking because public/private defenders have stopped taking new cases because of their unethical workloads.
A national crisis that few are paying attention to.
Yesterday, I had the great pleasure of joining Judge Gray Miller and Alaina King Benford on this panel entitled "The Art of Persuasion & Advocacy." Thank you to the UH Law Center Student Bar Association and The Advocates at UHLC for hosting a wonderful event.
October 28, 2025 at 1:58 PM
Yesterday, I had the great pleasure of joining Judge Gray Miller and Alaina King Benford on this panel entitled "The Art of Persuasion & Advocacy." Thank you to the UH Law Center Student Bar Association and The Advocates at UHLC for hosting a wonderful event.
Reposted by Joshua Lake
'Costumes optional' for this Friday hearing in Manhattan before US District Judge Arun Subramanian
October 27, 2025 at 3:50 PM
'Costumes optional' for this Friday hearing in Manhattan before US District Judge Arun Subramanian
Reposted by Joshua Lake
The US are in such a state of moral depravity that a death-row prisoner has to beg to be shot by a fire squad instead of being suffocated with nitrogen gas.
And his request is denied.
And his request is denied.
#SCOTUS denies a stay of execution to Alabama death-row prisoner Anthony Boyd, over *quite* a dissent from the three Democratic appointees, written by Justice Sotomayor, about the problems with nitrogen hypoxia as a method of execution:
www.supremecourt.gov/opinions/25p...
www.supremecourt.gov/opinions/25p...
October 23, 2025 at 9:15 PM
The US are in such a state of moral depravity that a death-row prisoner has to beg to be shot by a fire squad instead of being suffocated with nitrogen gas.
And his request is denied.
And his request is denied.
Next Monday, I’ll have the privilege of joining a distinguished panel on The Art of Persuasion & Advocacy at @uhlaw.bsky.social.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
October 20, 2025 at 6:07 PM
Next Monday, I’ll have the privilege of joining a distinguished panel on The Art of Persuasion & Advocacy at @uhlaw.bsky.social.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
It will be an honor to sit alongside Judge Gray Miller and Alaina King Benford—I’m looking forward to learning from their insights and sharing a few of my own.
Reposted by Joshua Lake
If you think that professors exist as repositories of knowledge that students ask for answers, you’re missing the entire point of a college education.
We’re here to teach students how to do research, how to analyze and argue, how to think for themselves — how to find the answers on their own.
We’re here to teach students how to do research, how to analyze and argue, how to think for themselves — how to find the answers on their own.
Wow. Just wow.
"Students pay premium prices for information that AI now delivers instantly and for free. A business student can ask ChatGPT to explain supply chain optimization or generate market analysis in seconds. The traditional lecture-and-test model faces its Blockbuster moment."
"Students pay premium prices for information that AI now delivers instantly and for free. A business student can ask ChatGPT to explain supply chain optimization or generate market analysis in seconds. The traditional lecture-and-test model faces its Blockbuster moment."
When Knowledge is Free, What are Professors For?
Higher Education Must Stop Competing with AI on Information and Start Teaching What Machines Can’t Do
www.forbes.com
October 16, 2025 at 1:45 PM
If you think that professors exist as repositories of knowledge that students ask for answers, you’re missing the entire point of a college education.
We’re here to teach students how to do research, how to analyze and argue, how to think for themselves — how to find the answers on their own.
We’re here to teach students how to do research, how to analyze and argue, how to think for themselves — how to find the answers on their own.
Reposted by Joshua Lake
Grand jury matters are secret by law. It is surpassingly unusual for the press to learn about a case being presented to a grand jury in real time.
Oct 6: "Yusi, who oversees major criminal prosecutions in the Norfolk office...confided to coworkers that she sees no probable cause to believe James engaged in mortgage fraud"
Oct 9: Interim US Attorney Halligan asks grand jury to approve criminal charges against James for mortgage fraud
Oct 9: Interim US Attorney Halligan asks grand jury to approve criminal charges against James for mortgage fraud
Virginia prosecutor asks grand jury to approve criminal charges against Letitia James
Attorney who presented case was installed after Trump became frustrated with pace of investigations against rivals
www.theguardian.com
October 9, 2025 at 8:20 PM
Grand jury matters are secret by law. It is surpassingly unusual for the press to learn about a case being presented to a grand jury in real time.
"This case arises from perhaps the most infamous rap battle in the genre’s history. ... The penultimate song of this feud, 'Not Like Us' by Kendrick Lamar, dealt the metaphorical killing blow."
NEW: Federal judge dismisses Drake's defamation case against Kendrick Lamar storage.courtlistener.com/recap/gov.us...
October 9, 2025 at 8:31 PM
"This case arises from perhaps the most infamous rap battle in the genre’s history. ... The penultimate song of this feud, 'Not Like Us' by Kendrick Lamar, dealt the metaphorical killing blow."
Reposted by Joshua Lake
Insane things happening in the DC US Attorney's Office.
For those unfamiliar, the office handles both federal cases and nearly all of DC local criminal cases -- like a DA.
USAO got local jury to indict on fed charge and then tried to return local indictment in fed court.
Judge: Um, no.
/1
For those unfamiliar, the office handles both federal cases and nearly all of DC local criminal cases -- like a DA.
USAO got local jury to indict on fed charge and then tried to return local indictment in fed court.
Judge: Um, no.
/1
October 1, 2025 at 12:50 PM
Insane things happening in the DC US Attorney's Office.
For those unfamiliar, the office handles both federal cases and nearly all of DC local criminal cases -- like a DA.
USAO got local jury to indict on fed charge and then tried to return local indictment in fed court.
Judge: Um, no.
/1
For those unfamiliar, the office handles both federal cases and nearly all of DC local criminal cases -- like a DA.
USAO got local jury to indict on fed charge and then tried to return local indictment in fed court.
Judge: Um, no.
/1
Reposted by Joshua Lake
📣 WE'RE HIRING: Investigative Fellows
🗓️ Start date: Summer 2026
🗓️ Application deadline: Rolling with priority for applications submitted before October 29, 2025
🔗 Learn more about the position: civilrightscorps.org/investigativ...
🗓️ Start date: Summer 2026
🗓️ Application deadline: Rolling with priority for applications submitted before October 29, 2025
🔗 Learn more about the position: civilrightscorps.org/investigativ...
September 30, 2025 at 7:09 PM
📣 WE'RE HIRING: Investigative Fellows
🗓️ Start date: Summer 2026
🗓️ Application deadline: Rolling with priority for applications submitted before October 29, 2025
🔗 Learn more about the position: civilrightscorps.org/investigativ...
🗓️ Start date: Summer 2026
🗓️ Application deadline: Rolling with priority for applications submitted before October 29, 2025
🔗 Learn more about the position: civilrightscorps.org/investigativ...
Reposted by Joshua Lake
Sometimes it's nice to remember that even Marcus Aurelius was like "you don't have to comment on everything bro"
September 17, 2025 at 11:00 AM
Sometimes it's nice to remember that even Marcus Aurelius was like "you don't have to comment on everything bro"
Reposted by Joshua Lake
"This is a case about Katz and dogs" -- opening line of a pending SCOTUS cert. petition about an allegedly unconstitutional search involving a police dog.
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
September 11, 2025 at 7:20 PM
"This is a case about Katz and dogs" -- opening line of a pending SCOTUS cert. petition about an allegedly unconstitutional search involving a police dog.
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
Reposted by Joshua Lake
settings > content & media > autoplay video & gifs = off
September 10, 2025 at 6:59 PM
settings > content & media > autoplay video & gifs = off
Nine years ago in 𝘚𝘵𝘳𝘪𝘦𝘧𝘧, Justice Sotomayor penned a similar warning: "We must not pretend that the countless people who are routinely targeted by police are ‘isolated.’ They are the canaries in the coal mine ... [U]nlawful police stops corrode all our civil liberties and threaten all our lives.”
Justice Sotomayor, not mincing words, also says that today's decision will lead to the "creation of [] a second-class citizenship status" for Latinos, who now will have the burden to "carry enough documentation to prove that they deserve to walk freely."
September 8, 2025 at 6:47 PM
Nine years ago in 𝘚𝘵𝘳𝘪𝘦𝘧𝘧, Justice Sotomayor penned a similar warning: "We must not pretend that the countless people who are routinely targeted by police are ‘isolated.’ They are the canaries in the coal mine ... [U]nlawful police stops corrode all our civil liberties and threaten all our lives.”
Mitigation: first, last, and always.
In this first week of classes, I told my students: mitigation begins the moment a criminal defense attorney meets a new client. From that point forward, everything we do is in service of reshaping how others see them.
In this first week of classes, I told my students: mitigation begins the moment a criminal defense attorney meets a new client. From that point forward, everything we do is in service of reshaping how others see them.
August 29, 2025 at 3:41 PM
Mitigation: first, last, and always.
In this first week of classes, I told my students: mitigation begins the moment a criminal defense attorney meets a new client. From that point forward, everything we do is in service of reshaping how others see them.
In this first week of classes, I told my students: mitigation begins the moment a criminal defense attorney meets a new client. From that point forward, everything we do is in service of reshaping how others see them.
Reposted by Joshua Lake
This is why there's never been a popular show called Law & Order: Appeals Unit.
As I’ve always said, I’m delighted to have coffee with law students and aspiring appellate lawyers. The one request I always turn down, which I sometimes get, is “shadowing.”
This would consist of sitting in my office staring at me rub my head at the screen.
This would consist of sitting in my office staring at me rub my head at the screen.
August 26, 2025 at 1:52 PM
This is why there's never been a popular show called Law & Order: Appeals Unit.
This weekend, my wife and I got away for a short silent retreat. Thirty-six hours with no Internet, no phones, and no talking. (And no kids—thank you, grandparents!)
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
August 18, 2025 at 4:20 PM
This weekend, my wife and I got away for a short silent retreat. Thirty-six hours with no Internet, no phones, and no talking. (And no kids—thank you, grandparents!)
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
Silence may not work for everyone, but I’m a strong advocate for finding meaningful ways to unplug and recharge.
Should a prosecutor be able to dismiss a case after sentencing if they disagree with the court's sentence? A federal judge just said no because that was an attempt at "undermining the Judiciary's sentencing authority," which "violates separation of powers principles."
reason.com/volokh/2025/...
reason.com/volokh/2025/...
Judge Wilson Denies the Justice Department's Motion to Dismiss a Police Excessive Force Conviction
Last week I blogged about the Justice Department's effort to vacate a police officer's conviction for using excessive force. On…
reason.com
August 14, 2025 at 4:19 PM
Should a prosecutor be able to dismiss a case after sentencing if they disagree with the court's sentence? A federal judge just said no because that was an attempt at "undermining the Judiciary's sentencing authority," which "violates separation of powers principles."
reason.com/volokh/2025/...
reason.com/volokh/2025/...
"AI thinks you should go to jail, even if you didn't do the crime."
In this new report, researchers found that ChatGPT "consistently ... recommended prosecution over dismissal or diversion," even when elements of the crime were not proven.
knowledgehub.justiceinnovationlab.org/reports/ai-i...
In this new report, researchers found that ChatGPT "consistently ... recommended prosecution over dismissal or diversion," even when elements of the crime were not proven.
knowledgehub.justiceinnovationlab.org/reports/ai-i...
AI thinks you should go to jail, even if you didn't do the crime — Knowledge Hub — Justice Innovation Lab
This report details findings from a large scale experiment using ChatGPT to simulate a prosecutor's decision-making process regarding case review. Results suggest that generative AI models may have un...
knowledgehub.justiceinnovationlab.org
August 4, 2025 at 2:29 PM
"AI thinks you should go to jail, even if you didn't do the crime."
In this new report, researchers found that ChatGPT "consistently ... recommended prosecution over dismissal or diversion," even when elements of the crime were not proven.
knowledgehub.justiceinnovationlab.org/reports/ai-i...
In this new report, researchers found that ChatGPT "consistently ... recommended prosecution over dismissal or diversion," even when elements of the crime were not proven.
knowledgehub.justiceinnovationlab.org/reports/ai-i...
𝐒𝐡𝐨𝐮𝐥𝐝 𝐝𝐞𝐟𝐞𝐧𝐝𝐚𝐧𝐭𝐬 𝐜𝐡𝐚𝐫𝐠𝐞𝐝 𝐰𝐢𝐭𝐡 𝐟𝐫𝐚𝐮𝐝 𝐥𝐨𝐬𝐞 𝐭𝐡𝐞𝐢𝐫 𝐫𝐢𝐠𝐡𝐭 𝐭𝐨 𝐚 𝐣𝐮𝐫𝐲 𝐭𝐫𝐢𝐚𝐥?
An independent review in England and Wales has proposed removing the jury-trial right for complex fraud charges involving subject matter "outside the understanding of the general public."
www.jdsupra.com/legalnews/ju...
An independent review in England and Wales has proposed removing the jury-trial right for complex fraud charges involving subject matter "outside the understanding of the general public."
www.jdsupra.com/legalnews/ju...
Justice recalibrated: What the Criminal Courts Review means for economic crime prosecution | JD Supra
The publication of the Independent Review of the Criminal Courts in June 2025 marks a significant attempt to reshape the structure, governance and...
www.jdsupra.com
August 1, 2025 at 5:46 PM
𝐒𝐡𝐨𝐮𝐥𝐝 𝐝𝐞𝐟𝐞𝐧𝐝𝐚𝐧𝐭𝐬 𝐜𝐡𝐚𝐫𝐠𝐞𝐝 𝐰𝐢𝐭𝐡 𝐟𝐫𝐚𝐮𝐝 𝐥𝐨𝐬𝐞 𝐭𝐡𝐞𝐢𝐫 𝐫𝐢𝐠𝐡𝐭 𝐭𝐨 𝐚 𝐣𝐮𝐫𝐲 𝐭𝐫𝐢𝐚𝐥?
An independent review in England and Wales has proposed removing the jury-trial right for complex fraud charges involving subject matter "outside the understanding of the general public."
www.jdsupra.com/legalnews/ju...
An independent review in England and Wales has proposed removing the jury-trial right for complex fraud charges involving subject matter "outside the understanding of the general public."
www.jdsupra.com/legalnews/ju...
This is a fantastic opportunity to develop your criminal-defense skills under low caseloads and excellent supervision, all while learning to teach and supervise law students as they learn to practice criminal law.
Are you a rising 3L or recent law grad and an aspiring public defender? Want great supervision and training? If so, consider applying for the E. Barrett Prettyman fellowship and come work with us. apply.interfolio.com/170321
Apply - Interfolio
{{$ctrl.$state.data.pageTitle}} - Apply - Interfolio
apply.interfolio.com
July 30, 2025 at 4:03 PM
This is a fantastic opportunity to develop your criminal-defense skills under low caseloads and excellent supervision, all while learning to teach and supervise law students as they learn to practice criminal law.
In 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳 𝘷. 𝘜𝘯𝘪𝘵𝘦𝘥 𝘚𝘵𝘢𝘵𝘦𝘴 (2024), the Supreme Court wrote that juries must decide "every fact essential to … punishment." In this intriguing article, Professor Rory Little identifies 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳's transformative potential.
www.scotusblog.com/2025/07/just...
www.scotusblog.com/2025/07/just...
Justice Neil Gorsuch’s “right to jury trial” revolution
ScotusCrim is a recurring series by Rory Little focusing on intersections between the Supreme Court and criminal law. Please note that the views of outside contributors do not reflect the […]
www.scotusblog.com
July 30, 2025 at 2:27 PM
In 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳 𝘷. 𝘜𝘯𝘪𝘵𝘦𝘥 𝘚𝘵𝘢𝘵𝘦𝘴 (2024), the Supreme Court wrote that juries must decide "every fact essential to … punishment." In this intriguing article, Professor Rory Little identifies 𝘌𝘳𝘭𝘪𝘯𝘨𝘦𝘳's transformative potential.
www.scotusblog.com/2025/07/just...
www.scotusblog.com/2025/07/just...