Gorsuch and Sotomayor Fault SCOTUS for Declining to Hear Important Criminal Justice Case
The two jurists dissent from denial of certiorari in Stuart v. Alabama.
Criminal Justice
Denying Bail
The Arizona Supreme Court got it right: categorical denials of bail to persons charged with sexual assault violates the Constitution.
How Mandatory Minimum Reform Will Work with "Stacked" Charges
My case involving Weldon Angelos illustrates the problem with "stacking" federal mandatory minimum gun charges from a single episode. The statute will apparently soon be amended to become a true recidivism statute.
Convicted of Brutally Beating His Wife, This Judge Was Given a Second Chance in City Government. Now He's Been Arrested for Her Murder: Reason Roundup
Plus: lawmakers move to allow headscarves on the Hill and private landlords protect from lead better than city Health Department.
The 5 Worst Supreme Court Rulings of the Past 50 Years
Cases in which a majority of the Court fell down on the job.
Manipulation and Sheer Boredom at Heart of Compelling Prison Escape Docudrama
Showtime recreates infamous 2015 caper from upstate New York.
Donald Trump Appears Clueless About the Criminal Justice Reform He Says He Supports
That could be dangerous for the policy's chances of success, as has been the case on other key policy issues during the Trump era.
Charges Against Wikileaks Founder Julian Assange Accidentally Revealed by U.S. Prosecutors: Reason Roundup
Plus: the NRA versus New York Gov. Andrew Cuomo and CNN versus the White House
Dallas Taxpayers Are Shelling Out $725,000 to Defend an Ex-Cop Who Shot an Unarmed Teen
Bad policing is costly in more ways than one.
Hey, Libertarians! The Criminal Justice Reform Movement Sees You Out There
At a celebrity-headlined and media-focused summit on incarceration, the speakers recognize their allies.
The Backpage Scandal Isn't What You Think
How indie media entrepreneurs James Larkin and Michael Lacey became the targets of a federal witchhunt.
The 'Frightening and High' Factoid About Sex Offender Recidivism Still Stalks Courts Across the Land, Completely Untethered From Actual Numbers
Justice Anthony Kennedy's bogus 2002 claim figures prominently in defenses of an Arizona bail ban.
Trump Endorses Criminal Justice Bill, Giving Momentum to Long-Delayed Reforms
"We're all better off when former inmates can reenter society as law-abiding, productive citizens."
Man Pleads Guilty to Charges in Deadly Swatting Prank Call
Police, however, still shift away responsibility for killing unarmed, innocent Wichita man.
Libertarian Filmmaker, Podcaster Kmele Foster Wants To Change the World: Podcast
So far, the world is kind of listening. Q&A with the co-host of The Fifth Column and co-founder of Freethink Media.
The FBI Says Hate Crimes Rose 17% in 2017, but That Doesn't Mean Things Are Actually Getting Worse
1,000 more agencies submitted data in 2017 vs. 2016, which could account for much of the increase.
Black Security Guard Uses Gun to Prevent Violence, Cops Show Up and Kill Him
"Everybody was screaming out, 'Security!' He was a security guard."
Anti-Porn Republicans Haven't Gone Anywhere
The porn wars haven't died, they're just packaged differently.
Is a Categorical Denial of Bail for Accused Sex Offenders Constitutional?
My co-authored amicus brief urges the Supreme Court to review the issue of whether Arizona can deny bail to accused sex offenders where "proof" of sexual assault "is evident or the presumption great."
There Are 200 California Inmates Fighting the Camp Fire. After Prison, They Likely Won't Be Allowed to Become Firefighters
California's licensing laws mean inmates can risk their lives for less than $2 per day, but can't earn a living after they get out of prison.
Top National Police Organization Declares Support for Modest Federal Sentencing Reforms
What did it take? A promise not to make mandatory minimum reductions retroactive.
Florida Passed A Hugely Important Amendment to Allow Lawmakers to Reduce Criminal Sentences
And a state lawmaker says criminal justice reform bills are already on the way.
As His Final Move in Office, Jeff Sessions Limits Use of Court Settlements to Reform Rotten Police Departments
Sessions was a staunch critic of consent decrees that forced police departments to reform unconstitutional practices.
More States Pass Constitutional Amendments Protecting Crime Victims' Rights
On Tuesday, voters in six states approved Crime Victims' Rights Amendments, continuing a long-term trend towards expanding the crime victim's role in the criminal justice process
This Ousted Judge Just Released All the Juvenile Defendants Who Promised Him They Wouldn't Kill Anybody
"He was releasing everybody. Apparently he was saying that's what the voters wanted."
Jeff Sessions Was a Terrible Attorney General. His Successor Will Do More of the Same.
Maybe Trump should nominate Kim Kardashian West.
An Alabama County Votes to End Sheriff Abuse of Jail Food Funds
A sheriff in Etowah County purchased a $740,000 beach house with money intended to feed inmates.
2018 Midterm Election Results Include a Lot for Libertarians to Like: Reason Roundup
Amash and Massie will return. Michigan will have legal weed. No Nevada brothels will be banned. And more...
"Forget the Blue Wave and Behold the Purple Puddle"
An apt summary, from Prof. Glenn Reynolds (InstaPundit).
The Russians Are at It Again
What language, other than English, is visibly ALL UPPERCASE in this "I voted" sticker I just got here in L.A.?
"The [11-Year-Old] Child 'Has to Get Herself Ready for School and on the Bus with No Supervision by Mother'"
Is that an allegation of abuse?
We Have An Opinion (from SCOTUS)
The Supreme Court issues its first OT2018 decision in an argued case.
Federal Judge Advocates Jury Nullification After Being Shocked by Overzealous Child Pornography Prosecution
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
Exciting Free Speech Event at the Scalia Law School Next Wednesday, Nov. 14
Join us to see Eugene Volokh, Nadine Strossen, and moderator Brad Smith discuss the Emerging Issues in Free Speech
Foreign governments will not hack this election
The bold predictions episode (No. 238) of the Cyberlaw Podcast
Why are American Jews Increasingly Concerned about Domestic Anti-Semitism?
The percentage of Americans with anti-Semitic attitudes has been stable, but anti-Semites are more active, more visible, and more willing to express their views than in the past.
Supreme Court Declines Case Challenging New Jersey's Near Elimination of Cash Bail
As more reforms take hold, expect more challenges-especially if states end up detaining more people.
A Mom Gets in Trouble for Being a Sex Offender Even Though She Wasn't Convicted of a Sex Crime
When Tessah Mitchell attempted to register her children for day care, a crime from 18 years ago caught up with her.
Virginia Cop Charged in Shooting That Got Him Named Officer of the Month
It's not a cut-and-dried case. But the officer's life doesn't appear to be have been in any danger.
Dilatory Tactics in a Death Penalty Case?
My co-authored amicus brief urges the Supreme Court to bring an end to decades-long abusive litigation by convicted murderer Russell Bucklew.
On "Shadowy Billionaires," Conspiracy Theories, and Lies
Conservatives' over-the-top attacks on George Soros Mirror Progressives' attacks on the Koch Brothers During the Obama Administration
Why We Need Ideology
Niskanen Center President Jerry Taylor argues that we should reject libertarianism and other ideologies in favor of "moderation." But, in truth, we cannot and should not abjure ideology. Trying to do so is likely to increase bias, not curb it.
Short Circuit: A Roundup of Recent Federal Court Decisions
A barbaric sentence, unpurged voters, and a porcine gag order.
Nigerian Army Justifies Killing Protesters With Trump Video on Stone-Throwing Migrants
Trump's comments are not the same as the Nigerian Army's actions. But regardless of the nation, shooting protesters is bad.
It's Not Just One Bad Apple. Little Rock's Police Department Is Rotten Throughout
Radley Balko thoroughly documents a culture of misconduct, incompetence, and poor training, and the unnecessary deaths that resulted.
Funny Criminal Law Halloween Present
For those of us who remember State v. Reeves, the Tennessee attempted-poisoning case discussed in the very popular Dressler Criminal Law casebook.
The San Diego Police Department Doesn't Know How Many Civilians Have Accused Officers of Sexual Misconduct
Since 2005, at least five police officers and four deputies have been arrested for sexual misconduct.
