Charles Weisselberg

Charles Weisselberg Denounces SCOTUS Miranda Ruling

Chicago Tribune, June 2, 2010 by David G. Savage,0,909528.story

“This is the most important Miranda decision in a decade. And it will have a substantial impact on police practices,” said Charles Weisselberg, a law professor at UC Berkeley. “This decision approves of the practice of giving the warnings and then asking questions of the suspect, without asking first whether he wants to waive his rights.”

Charles Weisselberg Questions Administration’s Stance on SCOTUS Miranda Case

The Huffington Post, February 25, 2010 by Charles Weisselberg

Why has the Obama Administration jumped in and stuck a fork in Miranda? Perhaps it is simply a misstep by a Solicitor General with no previous law enforcement experience. If, however, this really is the considered position of the Attorney General and the Justice Department, it tells us something more disturbing—that the Obama Administration does not want to afford suspects a fair chance to remain silent in police custody.

Charles Weisselberg Explains War on Terror’s Impact on US Criminal Law

The National Law Journal, December 21, 2009 by Marcia Coyle (requires registration; go to G:\Law School in the News\News Clips for article)

Constitutional principles that apply to police and government in ordinary criminal cases are now interpreted with an eye toward fighting terrorism, he explained. This is evident in terrorism-related hypotheticals in lawyers’ briefs and oral arguments, as well as in court decisions.

Charles Weisselberg Questions Impartiality of District Court Judge

El Paso Times, October 13, 2009 by Ramon Bracamontes

“The judge has to ask himself right now, ‘Can I still be impartial?’ It’s the one question he alone has to answer,” said Weisselberg, who teaches federal criminal law procedure. “It’s a tough question to answer because federal law clearly states that if a reasonable person can question the judge’s impartiality, then a judge has to disqualify himself.”

Franklin Zimring and Charles Weisselberg Weigh in on BART Shooting

Oakland Tribune, January 15, 2009 by Katy Murphy

“Are police officers charged with assault and sexual assault and homicide crimes? The answer is yes. Cops are people, too,” said Frank Zimring, a law professor at UC Berkeley. But, he said, murder is so rarely charged as a result of an on-duty use of deadly force because there’s usually “a palpable issue of risk” to the arresting officers or bystanders…. “The officer hasn’t told his side of the story, but when he does, there isn’t going to be an element of that risk,” he said.

Charles Weisselberg, also a UC Berkeley law professor, said it was too soon for him to weigh in on the murder charge, especially without having seen the witness statements and other evidence presented to Alameda County District Attorney Tom Orloff. “I find it really hard from the videos to determine what’s going on,” he said.

Charles Weisselberg and Franklin Zimring Expect D.A. to File Criminal Charges in BART Shooting

The Mercury News, January 14, 2009 by Tammerlin Drummond

“You charge for the top crime it could be,” says Franklin Zimring, a professor at UC Berkeley’s Boalt Law School, who specializes in criminal law. That top crime, he says, would be second-degree murder — which automatically includes the lesser possibilities of voluntary or involuntary manslaughter.

But if that were to be the case, says Charles Weisselberg, a criminal procedure expert at Boalt Law, “he will want to think carefully about how to state that to members of the public.”