The Crime Victim's Right to Justice
An important new article argues that, in twelve states, the crime victim's right "to justice" should be given substantive and significant effect.
crime victims
Victims' Families Ask the Fifth Circuit to Overturn the Dismissal of the Criminal Case Against Boeing
My two petitions for writs of mandamus challenge the Justice Department's violation of the Crime Victims' Rights Act and argue for substantive "public interest" review of prosecutors' dismissal motions.
Judge O'Connor Grants the Government's Motion to Dismiss the Conspiracy Charge Against Boeing …
... but does so reluctantly, calling the objections to the dismissal "compelling" and castigating the Justice Department for its failure "to secure the necessary accountability to ensure the safety of the flying public."
Is Restitution Punishment?
Next week, if the Supreme Court decides to reach the merits in the U.S. v. Ellingburg case, it should recognize that restitution to crime victims serves compensatory rather than penal purposes.
Why the Supreme Court Should DIG Ellingburg v. U.S. Next Week
The Court granted cert to review whether criminal restitution under the Mandatory Victim Restitution Act is "penal" in character. But the defendant was ordered to pay restitution under a different statute.
Can Federal Prosecutors Avoid Judicial Review of Dismissal Motions by Agreeing in Advance With a Defendant Not to Prosecute?
The Justice Department and Boeing are trying that dubious maneuver, which eviscerates the requirement in the federal rules that judges must approve dismissal motions.
It Doesn't Matter If the Minnesota Shooter Is a Republican or a Democrat
After Vance Boelter allegedly targeted Democrats in an attack, some conservatives jumped to claim that he was actually on the left. Why?
Should Funding Crime Victims' Rights Be a Justice Department Priority?
Yes! Funding crime victims' rights initiatives is a useful measure for ensuring that the criminal justice system focuses on protecting victims, which should always be a high priority.
The Arizona Supreme Court Requires Future Lost Income Restitution for a Child Murder Victim
When a murderer kills a victim, including a child, the murderer has directly and immediately eliminated the victim's ability to earn income. The only remaining issue is to reasonably estimate the size of that loss.
The Utah Supreme Court Rules That Sexual Assault Victims Cannot Be Forced to Testify at "Rape Shield" Hearings
The Court follows my argument that the purpose of a rape shield hearing is to ... well ... shield rape victims.
Important Questions for Boeing's CEO at Tomorrow's Senate Commerce Committee Hearing
Boeing CEO Kelly Ortberg should explain whether Boeing continues to plan to plead guilty to conspiring to defraud the FAA, or whether it will attempt to shirk its responsibility for the deadliest corporate crime in U.S. history.
Boeing Has Confessed to Committing Its Deadly Crime … and Should Now Plead Guilty
Boeing has no defense to the charged crime of defrauding the FAA. Rather than go through a pointless trial with a preordained result, it should plead guilty straightaway.
The Crime Victims' Rights Movement's Past, Present, and Future (Part III - the Future)
Efforts to expand and amplify victims' voices in criminal proceedings are justified and likely to continue into the future.
The Crime Victims' Rights Movement's Past, Present, and Future (Part II - the Present)
The modern crime victims' rights movement has been remarkably successful in inserting the victim's voice into criminal justice processes.
The Crime Victims' Rights Movement's Past, Present, and Future (Part I - the Past)
The victims' rights movement is rooted in America's long tradition of private prosecution, in which crime victims were able to initiate and pursue their own criminal prosecutions.
Helen Prejean: Why This Nun Is Fighting To End the Death Penalty
Billy Binion speaks to Sister Helen Prejean about her activism to end the death penalty, as depicted in her book Dead Man Walking.
Federal Court Decides on How Lockerbie Crash Victims' Relatives Can View Accused Terrorist's Criminal Trial Remotely
The court "grant[s] victims access to non-evidentiary pretrial proceedings from their homes and offices by Zoom and telephone, as well as access to livestreamed video and audio feeds of evidentiary and trial proceedings in courthouses across the United States and other secure, monitored locations around the world."
Boeing Plea Deal Rejected by Judge O'Connor
Judge O'Connor agrees with the 737 MAX crashes victims' families that the deal's proposed corporate monitor provision "marginalizes" the court and raises other concerns.
The Twentieth Anniversary of the Crime Victims' Rights Act
Twenty years ago to the day, the CVRA took effect ... changing the legal culture in federal criminal cases.
When Prosecutors "Take a Dive" — The Purported "Error" in the Glossip Case
My op-ed in The Hill discusses the problem of prosecutors confessing "error" where none exists.
Should the Boeing Plea Deal on the 737 MAX Crashes Be Approved?
I have argued to Judge Reed O'Connor that he should reject the proposed "binding" plea deal because it obscures the relevant facts and fails to hold Boeing accountable for killing 346 people. A decision is expected soon.
It Is Illiberal To Charge Teens With Felonies for Vandalizing a Pride Crosswalk
You don't promote acceptance by locking people up for victimless crimes.
Preliminary FBI Data: Crime Steeply Declined in Early 2024
While the data is far from perfect, if the overall trend holds, violent crime could be back to pre-COVID levels by the end of the year.
Daniel Perry's Pardon Makes a Mockery of Self-Defense
Texas Gov. Greg Abbott takes a tactic from the progressive prosecutors he says he opposes.
He Was Sentenced to a Decade in Prison for Having Unlicensed Weapons
Dexter Taylor is now a "violent felon," even though his hobby was victimless.
Murder Rates Are Plummeting. What Should We Make of It?
In data from over 200 cities, homicides are down a little over 19 percent when compared to a similar time frame in 2023.
The Court Was Right To Overturn Harvey Weinstein's Rape Conviction
The ruling has nothing to do with #MeToo. It is about ensuring a fair trial—a principle that applies no matter how unsympathetic the defendant.
Louisiana Legislature Advances Bills To Roll Back Criminal Justice Reforms
Criminal justice advocates say the evidence doesn't back up Republicans' claims that Louisiana's landmark 2017 reforms are to blame for violent crime.
Don't Let Crime Fears Undermine Americans' Rights
Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
Florida Bills Would Hide the Names of Police Officers Who Kill People
The bills would classify police and correctional officers who kill people on the job as crime victims.
Do Victim Impact Statements Help Promote Justice?
My new co-authored article reviews 168 victim impact statements from the Larry Nassar sentencing hearing and concludes that these statements show a victim voice at sentencing can improve justice.
Remy: Look What You Made Me Do (Taylor Swift Looting Parody)
Stop enabling thieves by owning stuff.
What is the Significance of an Attorney General's Confession of Error in a State Capital Case?
In my Supreme Court amicus brief for the victim's family in Oklahoma v. Richard Glossip, I argue that the Oklahoma Attorney General's unfounded confession of "error" should not dictate the case's outcome.
Alabama Schedules First Execution After Monthslong Moratorium and 'Sham' Investigation
After an array of botched and unsuccessful executions, the state's Department of Corrections says its ready to start executing inmates again.
A New Amicus Brief Arguing Against a Local D.A. Circumventing California's Three Strikes Law
Meg Garvin, John Yoo, and I argue to the California Supreme Court that L.A. District Attorney George Gascon is not free to ignore the commands of California's Three Strikes Law.
Intervening to Stop "True Threats" from Delusional Stalkers and Devious Stalkers
Today's oral argument in Counterman v. Colorado--the "true threats" case--highlights the importance of protecting stalking victims from objectively threatening communications.
Adnan Syed's Conviction Reinstated to Protect Crime Victims' Rights
The Appellate Court of Maryland rules that the rights of the victim's family must be respected in any process that could vacate Mr. Syed's conviction—an important precedent that crime victims' rights are enforceable.
Biden Embraces the Fearmongering, Vows To Squash D.C.'s Mild Criminal Justice Reforms
In rebuking the legislation, the president showed that he may not know what's in it.
Victims' Families File Petition in the Fifth Circuit Seeking to Enforce Rights in the Boeing Case
The families argue that they should have been given an opportunity to confer with prosecutors under the Crime Victims' Rights Act before Boeing's deferred prosecution agreement was finalized.
Judge O'Connor Rules that the Boeing 737 MAX Crashes Victims' Families Cannot Enforce Their Right to Confer with Prosecutors
While expressing great sympathy for the victims' families, Judge O'Connor concludes that no remedy is available for the Justice Department's failure to enforce the families' right to confer under the Crime Victims' Rights Act.
My Article on Defining the Term "Victim" in Crime Victims' Rights Enactments
The article explains how the federal Crime Victims' Rights Act and other crime victim protections contain a broad definition of the term "victim."
In Alabama, New Rules Make Botched Executions More Likely
"Under the new rule, the State would have been able to prolong the botched execution process indefinitely," the Equal Justice Initiative wrote in a press release.
Crime Victims' Rights Now Integrated Throughout the Arizona Rules
The Arizona Supreme Court becomes the first state Supreme Court to thoroughly incorporate crime victims' rights in its rules of criminal procedure. Others should follow.
