Criminal Justice
New Footage Shows Bodega Clerk Trying To Avoid Deadly Fight. Will Manhattan D.A. Drop the Murder Charges?
Alvin Bragg campaigned on "ending mass incarceration." But that promise apparently does not apply to Jose Alba.
Charging a Bodega Worker Who Stabbed His Attacker Isn't Criminal Justice Reform
The case of Jose Alba reminds us that progressive prosecutors don't always apply their principles when they're inconvenient.
California Police Can No Longer Arrest Suspected Sex Workers Who Stand Around in Public
The law is an important step, but ending police harassment of sex workers requires decriminalizing the trade entirely.
New Arizona Law Will Make it Illegal to Film Within 8 Feet of Police
Civil liberties groups oppose the law, saying it will impede First Amendment–protected activity and protect bad cops.
Even at His Sentencing Hearing, Derek Chauvin Did Not Manage To Express Remorse for Killing George Floyd
Despite the stakes, the former Minneapolis police officer could not bring himself even to feign regret for his actions.
Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN
I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.
The Clarence Thomas Court Is Good News for Gun Rights, Bad News for Criminal Justice Reform
Like it or not, the Thomas Court is here.
Cop Who Killed Tamir Rice Briefly Hired by Small Pennsylvania Town
After community outrage and the mayor saying he wasn't told about Timothy Loehmann's policing background, the officer withdrew his application.
The Utah Supreme Court Holds that Crime Victims Can Intervene in Criminal Cases to Protect Their Rights
The Court agrees with my argument that crime victims can become "limited-purpose parties" in criminal proceedings to protect their interests, such as an interest in the confidentiality of mental health counseling records.
Blocking a Highway Is Not a Legitimate or Effective Form of Protest
Climate protesters who blocked an interstate outside D.C. likely cost a man his parole.
After Chesa Boudin's Recall, What Is the Future of Criminal Justice Reform?
Research and data points may not be enough to persuade voters that something different is worth trying.
LAPD's Militarized Response to Peaceful Abortion Protests Makes the Case for Police Reform—Again
Reforms promised after Black Lives Matter protests in 2020 are not being followed by Los Angeles police.
The War on Weed Continues in California, Which Supposedly Legalized Marijuana Six Years Ago
Federal and state agencies are busting unlicensed marijuana merchants, who face decades in prison.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
Federal Judge Rules Gruesome Medical Neglect in Arizona Prisons Violates Eighth Amendment
"No legitimate humane system would operate in this manner," the judge concluded.
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
'This Is Freddie Gray on Video': New Haven Man Paralyzed in Police Custody
Randy Cox was arrested on gun possession charges. Hours later, he was paralyzed from the chest down.
This Innocent Woman's House Was Destroyed by a SWAT Team. A Jury Says She's Owed $60,000.
Such victims are often told they have no right to sue.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
SCOTUS Rules That Doctors Who Write Prescriptions in Good Faith Can't Be Convicted of Drug Trafficking
The unanimous decision will rein in prosecutions that have long had a chilling effect on pain treatment.
Some States Restrict Abortion After Dobbs, Others Rush To Protect Access
Plus: What overturning Roe means for Republicans' future, court halts ban of Juul products, and more...
Enforcing Abortion Bans Is Much Harder Than Winning in Court
There’s no painless way to restrict choices for people who resist.
The Online Freakout Over Yesterday's Supreme Court Decisions
Plus: Abortion and free speech, Juul fights back, and more...
Guns and Judicial Protection of Constitutional Rights that Put Lives at Risk
Justice Breyer and others argue that gun regulations deserve special judicial deference because Second Amendment rights create risks to life. But the same is true of many other constitutional rights.
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
Abortion Bans Bring First Amendment Battles, Too
Looking back at how abortion advertising bans played out last century may give us some idea what the future holds for speech about abortion.
Federal Jury Awards $59,000 in Takings Compensation to Property Owner Whose House was Severely Damaged by SWAT Team Pursuing a Suspect
The ruling authorizing the award is at odds with other federal court decisions holding that law-enforcement exercises of the "police power" are exempt from takings liability.
The Bipartisan Senate Gun Control Bill Would Unjustly Deprive Americans of Their Second Amendment Rights
The legislation prohibits firearm sales based on juvenile records and subsidizes state laws that suspend gun rights without due process.
Ron DeSantis' Immigration Crackdown Could Prove Costly
A new directive could impose a hefty financial burden on state taxpayers and reduce community trust toward police.
Rikers Island Sees 2 Prisoner Deaths in 2 Days
Just a week ago, New York City convinced a federal judge not to seize control of the jail.
SCOTUS Again Upholds Double Prosecution and Punishment for the Same Crime
Unsatisfied by the outcome of one case, the feds secured a much more severe penalty the second time around.
Supreme Court Makes It Effectively Impossible To Sue Federal Cops, Smashing a 51-Year-Old Precedent
A federal badge will now serve as an impenetrable shield against civil liability.
