The Death Penalty Continued Its Downward Trend in 2021
The Trump administration's revival appeared to be an outlier. Executions are becoming more and more rare.
Criminal Justice
Colorado Gov. Polis Commutes 110-Year Sentence for Trucker in Deadly Crash, Pardons Hundreds of Marijuana Convictions
Rogel Aguilera-Mederos faced harsh punishment under the state’s mandatory minimum sentences for insisting on the right to a trial.
We Don't Know Why Murder Rates Spiked in 2020
It's bad public policy to leap to the conclusion that we do.
Only 3 NYPD Officers Have Been Disciplined for Misconduct During the George Floyd Protests
The NYPD declined to punish nine other officers, despite recommendations from the city's Civilian Complaint Review Board.
In 2021, Qualified Immunity Reform Died a Slow, Painful Death
Despite bipartisan momentum at the federal level, Congress still couldn't get anything over the finish line.
Goodbye and Good Riddance to Bill de Blasio, a Terrible Mayor on Every Issue He Tripped Over
The best thing you could say about Bill de Blasio was that he was good for a laugh.
The Year's Highlights in Blame Shifting
Politicians and cops found creative ways to dodge responsibility in 2021.
Video of 'Fight Night' at Rikers Jail Leads Judge to Find Cruel and Unusual Punishment
A New York state judge found video of guards ceding control of Rikers to gang leaders more than enough evidence to order the release of a pretrial inmate.
Look Past Partisan Rhetoric To Understand California's Recent Crime Problems
California's leaders can take the recent rise in property crime seriously without repeating the same "tough on crime" mistakes of the past.
Rogel Aguilera-Mederos Rejected a Plea Deal. So He Got 110 Years in Prison.
Colorado First Judicial District Attorney Alexis King said she pursued the punishment after Aguilera-Mederos insisted on his right to trial.
Biden Administration Reverses Course, Will Let Prisoners Sent Home Due to Pandemic Stay There
Christmas comes a few days early for 2,800 inmates who had told they’d eventually have to return to their cells to serve out their terms.
Chicago Mayor Lori Lightfoot Doubles Down on Calls for New Law to Seize Property From Suspected Gang Members
Civil liberties advocates say the law is just a reheated version of flawed state anti-gang law.
A Crime Victims' Rights Act Challenge to the Boeing 737 MAX Crashes Deferred Prosecution Agreement
My filings yesterday on behalf of the fifteen families who lost loved ones in the Boeing 737 MAX crashes explains why the Justice Department could not keep victims' families in the dark when it negotiated its immunity deal with Boeing.
Cops Held Two Innocent Boys at Gunpoint, Forced Them to Lie on the Ground, Handcuffed Them, and Searched Them. That's Fine, the 8th Circuit Said.
The Institute for Justice wants the Supreme Court to review the case—and to clarify the proper scope of "investigatory stops."
Police Oversight Board Demands Answers After Dallas Cops Seized Traveler's Cash
And some state politicians are talking about asset forfeiture reform.
He Was Sentenced To 110 Years in Prison for Causing a Fatal Traffic Accident. The Judge Isn't Happy About It.
Rogel Aguilera-Mederos is set to die in prison, thanks to Colorado's mandatory sentencing laws.
Are the Parents of the Michigan School Shooter Guilty of Involuntary Manslaughter?
The charge requires proof that James and Jennifer Crumbley knew their son posed a threat and could have prevented the attack through "ordinary care."
Would an Independent Commission Solve the Clemency Backlog?
A new bill would transfer the review of petitions from the Justice Department to a presidentially appointed board.
Arizona Mom Threatened With Prison, Placed on Secret Blacklist For Letting Kids Play At the Park
"The market was asking that anyone who didn't need to go into the store to please stay outside," she says.
Why Aren't Journalists Howling About the Assange Prosecution?
Plus two more topics to howl about...
A Judge Has Ordered Him Released From Prison—Twice. The Government Still Won't Set Him Free.
Bobby Sneed's story highlights how far some government agents will go to keep people locked up, flouting the same legal standards they are charged with upholding.
Judge Limits Discovery of Kevin Spacey's Past Romantic and Sexual Partners
“During discovery, plaintiff shall not inquire of the defendant concerning his prior sexual or romantic experiences ... with anyone unless the identity of the person ... has been disclosed by the [person] or otherwise become public, in either case in connection with a claim, published report in mainstream media, or public allegation that any such sexual or romantic experience or encounter was not in all respects consensual.”
Florida's Civil Asset Forfeiture Reforms Haven't Stopped the Shakedowns
Despite civil asset forfeiture reforms in Florida, police are still finding ways to take people's stuff.
Why Didn't Alice Sebold Realize Her Mistake?
How a bestselling author accused the wrong man of rape
Federal Drug Laws Force Pot Shops To Carry Lots of Cash and No Insurance. Now They're Getting Robbed.
Despite state legalization, federal prohibition makes break-ins harder on marijuana shops and manufacturers.
Dallas Police Took $106,000 From a Traveler. They Haven't Explained Why.
A police dog's alert prompted the search, and the money was seized via civil asset forfeiture.
Ohio Prosecuted a Taxidermist for Asking an Inspector to Come Back Later
Regulators insist Fourth Amendment protections don’t apply to administrative searches.
Crisis at Rikers Island
In 2021, the institutional rot and dysfunction at Rikers Island cascaded into a full-blown catastrophe.
She Got Her Car Back 6 Years After Police Seized It
Malinda Harris’ ordeal shows how easily the government can take innocent people’s property under civil forfeiture laws.
Jussie Smollett Tries To Convince the Court 'There Was No Hoax'
Accused of orchestrating a hate crime hoax, the former actor took the stand at his trial on Monday.
Police Tase Man in His Home After Relative Calls Fire and Rescue for a Drug-Related Emergency
The victim denied police permission to search his home. Cop shouted, "I don't need your permission!"
Originalism and Textualism in the Lower Courts: Judge Ho's Concurrence in Homeland Insurance Co.
"When faced with a conflict between text and precedent, we should maximize the former—and minimize the latter."
