Brandon L Garrett

Brandon L Garrett

May 02, 2016 | National Law Journal

Deferred Prosecutions Need Judicial Oversight

Who stands in for the public interest when a corporation settles a criminal case with prosecutors? Not a federal judge, says the U.S. Court of Appeals for the D.C. Circuit in an over-broad ruling in the much anticipated case of Fokker Services, a Dutch aerospace firm which voluntarily reported its illegal activities and, as a result, faced prosecution for violating U.S. sanctions with Iran, Sudan and Myanmar.

By Brandon L. Garrett and Alan B. Morrison

5 minute read

January 09, 2006 | National Law Journal

Judging innocence

Justice Antonin Scalia called the question of whether the Constitution might permit execution of an innocent person �embarrassing� in a 1993 decision. Now the Supreme Court faces two fresh embarrassments. So far, the appellate courts have all regarded the evidence of guilt as �overwhelming,� but only by discounting the evidence of innocence.

By Brandon L. Garrett and Jason M. SolomonSpecial to The National Law Journal

5 minute read