Criminal Law
Why Do Americans Support the Death Penalty, Despite Wrongful Convictions?
Reformers need to take into account people’s fear of crime and human predators.
Contradictions of Socialist Prison Abolitionism
Many "democratic socialists" want to abolish prisons. But this is in conflict with their objective of making many more activities illegal.
New Jersey Supreme Court Requires Transparency for Facial Recognition Evidence
Prosecutors in New Jersey must disclose how the technology is used in criminal cases, the state’s Supreme Court ruled.
Federal Court Strikes Down Immigration-Related Subpoenas of Minnesota Officials on Anti-Commandeering Grounds
The court ruled the subpoenas were part of an unconstitutional effort to coerce Minnesota state and local governments into giving up their immigration "sanctuary" policies.
The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?
Understanding the stakes in Kian v. Florida
New York Legislators Seek Broader Anti-Shackling Protections Following Courtroom Birth in Brooklyn
New York lawmakers want to close loopholes in anti-shackling laws to protect incarcerated pregnant women.
"Reckless, to Be Sure. Stupid." "But Mere Reckless Stupidity Does Not a Malicious Federal Arsonist Make"
A court sets aside a federal arson conviction (which would have carried a "mandatory minimum sentence" of "seven years") for a fan's throwing flares at a soccer stadium and causing minor damage and a minor injury.
How to Abolish ICE
Recent events in Minnesota bolster the already strong case for abolishing ICE - and for the plan of doing so by transferring its funds to ordinary state and local police.
The Trump Administration Is Abusing a Law To Threaten ICE Protesters. The Cases Are Falling Apart.
The administration doesn't want to win these cases. It wants to intimidate Americans who oppose its immigration policies.
Is the Fourth Circuit the New Ninth?
Could today's summary reversal be a sign of things to come?
He Served His Time for Sex Offenses He Committed as a Teen. He's Still Locked Up With No Release Date.
Justin Sanchez is one of more than 6,000 Americans indefinitely detained in a system that wastes money and doesn't make us safer.
NBA Betting Scandal Shows How Legalized Gambling Actually Helps Root Out Corruption
FBI Director Kash Patel called it “the insider trading saga for the NBA,” with Chauncey Billups and Terry Rozier among those charged.
James Comey Indicted in a Case Prosecutors Don't Seem Excited About
There is ample evidence to suspect prosecutors are just doing President Trump's dirty work rather than following the facts of the case.
My New Boston Globe Article Making Case for Abolishing ICE and Giving the Money to State and Local Police
It builds on an earlier piece in The Hill.
Trump's Unconstitutional Plan to Penalize States that Allow Cashless Bail
His executive order directs the Justice Department to deny federal funds to jurisdictions that use cashless bail for suspects for many types of crimes. The plan is another assault on federalism and separation of powers.
"After a Ten-Minute Bench Trial Held in Her Absence" …
defendant "was found guilty of criminal mischief and domestic violence"—yet the prosecution "presented no evidence that [she] damaged or destroyed the property of another—an essential element of criminal mischief, which was also the predicate offense for the domestic violence charge."
Judge Dismisses Case Against Trans Woman Who Tried To Challenge Florida's Bathroom Law
Marcy Rheintgen was the first person to be arrested for trying to challenge Florida's bathroom bill. The case against her has been tossed out.
More Evidence that Immigrants - Including Illegal Ones - Have Much Lower Crime Rates than Natives
A new Cato Institute study further refutes claims that illegal migration is somehow causing a crime wave.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
A Small Minnesota County Pumps Out 40 Percent of the State's Drug-Free Zone Sentences
Local news reports detail how Polk County, Minnesota, charges drivers and petty offenders with drug-free zone violations like no other county in the state.
Legal Education Has Lost Its Way
Millions of Americans are denied legal representation, and law schools are churning out lawyers who can’t meet society’s needs. It’s time for a two-track system.
COVID-19 Lockdowns Unleashed a Wave of Murder
Researchers find that pandemic policies sparked a wave of violent crime.
Amanda Knox Tells Her Own Story
"Our criminal justice system relies upon our own ignorance and the fact that we don't know what our rights are."
North Carolina Goes Drug War on Prostitution
Plus: Idaho's "abortion trafficking" law can mostly take effect; updates on state age verification suits; the threat the Florida and Texas social media laws pose to X
Joe Biden Rarely Issues Pardons but Made an Exception for His Son
Biden continues a modern trend of presidents who are stingy with the pardon pen.
Review: Neil Gorsuch Says There Are Too Many Laws
No one knows how many federal crimes there are, the Supreme Court justice notes in Over Ruled.
Should California Vote To Roll Back Criminal Justice Reforms?
Conservatives blame Proposition 47 (2014) for higher rates of shoplifting in the state, but the real story is more complicated.
Georgia A.G. Drops Frivolous Money Laundering Charges Against Cop City Bail Fund
The three defendants remain under indictment for racketeering, along with 58 others.
Their Juvenile Records Were Supposed To Be Sealed. The NYPD Accessed Them Anyway.
According to a new lawsuit, NYPD officers have been illegally accessing sealed juvenile arrest records.
Massachusetts Ex-Cop Charged With Strangling Pregnant Woman and Staging Her Death as a Suicide
Matthew Farwell allegedly murdered a 23-year-old woman who was pregnant with his child. Their relationship is said to have began when she was 15. He was 27.
Special Counsel Jack Smith Files Revised Trump Indictment in Election Subversion Case
The revised indicment is intended to address the Supreme Court's presidential immunity ruling in Trump v. United States.
The Case Against Alec Baldwin Is Not a Slam Dunk
New Mexico law requires quite a high standard for proving criminal negligence.
Rapper B.G. Ordered To Turn Over New Song Lyrics to the Feds
Supervised release shouldn't require former inmates to give up their First Amendment rights.
The Stop Comstock Act Doesn't Go Far Enough
Upcoming legislation would repeal parts of the 1873 law that could be used to target abortion, but the Comstock Act's reach is much more broad than that.
Campus Anti-Israel Protests and the Ethics of Civil Disobedience
Civil disobedience is sometimes justified. But current law-breaking by anti-Israel protestors on college campuses doesn't come close to meeting the requisite moral standards.
This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License
Vincent Yakaitis is unfortunately not the first such defendant. He will also not be the last.
