In the News


Charles Weisselberg in the news:



Law schools at a crossroads: Weak job prospects, high tuition causing fewer to apply

Charles Weisselberg and Henry Hecht quoted in San Jose Mercury News, September 27, 2013

“I don’t think that law school is any longer the refuge it was 20 years ago for the liberal arts student who graduates from college and isn’t sure what he or she wants to do,” said Charles Weisselberg, a UC Berkeley law professor and associate dean. “People are more deliberate … and that’s a good thing.”

Following a mock deposition given by law school student Andrew Gordan, left, to Christine Rowland, right, lecturer Henry Hecht, center, gives feedback to Gordan as fellow law students listen in at UC Berkeley School of Law…. The class is a lesson in learning by doing and observing others said Hecht, who wrote a book on the topic.

Photos of Henry Hecht’s deposition class can be found here.


Legal options were few in handling of Boston bombing suspect

Charles Weisselberg quoted in Los Angeles Times, April 27, 2013

Charles Weisselberg, a UC Berkeley law professor, said the Miranda decision stands mostly as a symbol for legal rights. “Miranda provides very little protection for suspects,” he said. “But it has become shorthand for saying: Are we going to treat him with the rights that we give people in the United States, or is he going to be treated as an enemy combatant with no rights?”


State court overturns murder conviction of Bay Point man in Concord stabbing death

Charles Weisselberg quoted in San Jose Mercury News, February 12, 2013
The opinion issued by the First Appellate District last week in the case against Paul Antonio Westmoreland clarifies how far police investigators can go in deceiving a suspect to garner a confession, said UC Berkeley School of Law professor Charles Weisselberg….”The deception presented here with respect to the consequences of the statement are actually what got [Westmoreland] life without parole instead of just life,” Weisselberg said.


Wall Street scandals fill lawyers’ pockets

Charles Weisselberg quoted in The New York Times, September 24, 2012

“Sometimes you may be best served by going with a lawyer who has established relationships with the people who represent the company,” said Charles Weisselberg, a professor at the University of California, Berkeley School of Law and co-author of a recent study examining white-collar practices at major law firms. “Or sometimes you may want someone more independent of the company lawyers who may not be looking to them for a referral in the future.”


Alameda County prosecutor put on leave for violating defendant’s attorney-client privilege

Charles Weisselberg quoted in Oakland Tribune, May 4, 2012

“A prosecutor’s intrusion into a defense preparation in this way severely undermines the right to counsel and the ability of a defendant to investigate a case” said Charles Weisselberg, a professor of law at UC Berkeley’s Boalt Law School. “It’s pretty egregious and striking.”


California studies practical skills test as preadmission mandate for law grads

Charles Weisselberg quoted in ABA/BNA Lawyers Manual on Professional Conduct, April 25, 2012

“I don’t think there’s been ever been a time when more clinical opportunities are available to students in law school,” Weisselberg said. “Virtually every accredited law school offers opportunities for students to get training” and hands-on experience under the supervision of licensed attorneys and faculty.

California studies practical skills test as preadmission mandate for law grads
Charles Weisselberg
quoted in ABA/BNA Lawyers Manual on Professional Conduct, April 25, 2012
“I don’t think there’s been ever been a time when more clinical opportunities are available to students in law school,” Weisselberg said. “Virtually every accredited law school offers opportunities for students to get training” and hands-on experience under the supervision of licensed attorneys and faculty.

Charles Weisselberg Opines on Court Ruling in Convict’s Case

-The New York Times, September 2, 2011 by The Associated Press
http://bit.ly/n36ZrG

Defense attorney Charles Weisselberg, a University of California-Berkeley law professor, said he was disappointed the decision stopped short of setting his client free…. He also said Bowers is taking the news in stride, trying not to get overly upbeat after years of setbacks. “He’s been tested severely, and he’s handled it with calmness, dignity and good judgment,” Weisselberg said.

-San Francisco Chronicle, September 3, 2011 by Bob Egelko
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/02/BAHJ1KVLME.DTL

Bowers’ lawyers are concerned about the commission’s ability “to address the case fairly and impartially, given its track record,” Charles Weisselberg, a UC Berkeley law professor and an attorney for the inmate, said Friday. “But we’re very grateful that Mr. Bowers has another opportunity for release,” he added.


Charles Weisselberg Criticizes Judge’s Case Delays

Daily Journal, July 28, 2011 by Darwin BondGraham
http://www.dailyjournal.com (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

“The delays in these cases are striking, and seem, to me, inexcusable and unconscionable,” said Charles Weisselberg, a UC Berkeley School of Law professor. “These are recommendations to grant relief… [that] have languished for years without any discernible action on the part of the judge.”


Charles Weisselberg Says Defendants Rarely Succeed in Self-Representation

Contra Costa Times, August 18, 2010 by Malaika Fraley
http://www.contracostatimes.com/ci_15818782?source=most_viewed

If they are in custody, they have limited access to legal research and time to investigate or interview witnesses. They are more likely to miss opportunities that would mitigate the seriousness of a case, and less likely to evaluate evidence as well as a lawyer…. “It’s not unheard for individuals to do a good job representing himself or herself, but it is rare,” Weisselberg said.


Charles Weisselberg Denounces SCOTUS Miranda Ruling

Chicago Tribune, June 2, 2010 by David G. Savage
http://www.chicagotribune.com/news/nationworld/la-na-court-miranda-20100602,0,909528.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 Discusses Change-of-Plea Hearing in Ghilarducci Case

Times-Standard, May 5, 2010 by Thadeus Greenson
http://www.allbusiness.com/legal/trial-procedure-suits-claims/14394749-1.html

“A change-of-plea hearing is typically in reference to a proceeding at which someone is going to plead guilty,” said Charles Weisselberg, a professor at University of California Berkeley’s Boalt Hall School of Law.


Charles Weisselberg Discusses Change-of-Plea Hearing in Ghilarducci Case

The Times-Standard, February 26, 2010 by Thadeus Greenson
http://www.times-standard.com/localnews/ci_14475825

Charles Weisselberg, a professor at University of California Berkeley’s Boalt Hall School of Law, said…. “A change-of-plea hearing is typically in reference to a proceeding at which someone is going to plead guilty.”


Charles Weisselberg Questions Administration’s Stance on SCOTUS Miranda Case

The Huffington Post, February 25, 2010 by Charles Weisselberg
http://www.huffingtonpost.com/charles-weisselberg/obamas-justice-department_b_476973.html

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 Notes Legal Impact of War on Terror

The National Law Journal, December 21, 2009 by Marcia Coyle
http://www.law.com/jsp/nlj/index.jsp (requires registration; go to G:\Law School in the News\News Clips for article)

“This may be a natural consequence, and the new priorities may be right, but this does mean fewer resources for other important law enforcement objectives,” said Weisselberg.


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

The National Law Journal, December 21, 2009 by Marcia Coyle
http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202437011128 (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
http://www.elpasotimes.com/ci_13546071?IADID=Search-www.elpasotimes.com-www.elpasotimes.com

“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.”


Charles Weisselberg Examines Defense Strategy in BART Shooting Case

San Francisco Chronicle, February 20, 2009 by Chip Johnson
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/02/19/BAB1161CGB.DTL

“I would expect the defense to think very carefully about a motion for a change of venue and it wouldn’t be all that surprising a move,” said Charles Weisselberg, a law professor at the Boalt Hall School of Law at UC Berkeley.


Franklin Zimring and Charles Weisselberg Weigh in on BART Shooting

Oakland Tribune, January 15, 2009 by Katy Murphy
http://www.insidebayarea.com/search/ci_11466194?IADID=Search-www.insidebayarea.com-www.insidebayarea.com

“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
http://www.mercurynews.com/oakland-bart-shooting/ci_11447007

“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.”


Charles Weisselberg Clarifies State and Federal Definitions of ‘Conviction’

KTUU-TV, Oct. 31, 2008 by Jason Lamb and Rebecca Palsha
http://www.ktuu.com/Global/story.asp?S=9276292

A professor of Law at Berkeley Law School, Charles Weisselberg said the term “conviction” can be used in two different contexts. “We’ll often hear the word conviction when the jury returns a verdict of guilty,” said Weisselberg. “That’s the most common and well-understood use of the word. But in federal court, a conviction isn’t made final in the trial court until the person has been sentenced.”