Jim McLoughlin and Fielding Huseth serve as panelists for Southern California Review of Law and Social Justice’s annual spring symposium
Moore & Van Allen Litigation Members Jim McLoughlin and Fielding Huseth served as panelists April 10 for the USC Gould School of Law’s Southern California Review of Law and Social Justice’s annual spring symposium. Jim and Fielding spoke about their recent article titled, “Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications” which was contributed to the SCRLSJ's Spring volume 33.
Their article explores the legal theories used to justify most jails' practice of recording a pre-trial detainees' calls and other communications, then sharing those communications with prosecutors, which can result in the use of the communications against the detainee. The article analyzes the deficiencies—both statutory and constitutional—with this all-too-common practice. They offer statutory and constitutional insights and strategies for practitioners who may wish to challenge the practice on behalf of their clients.