U.S. Government Borrows Russian Tactic To Muzzle Pro-Russian Critics
The Department of Justice emulates the Kremlin in smearing government critics as foreign agents.
Criminal Law
Oklahoma Says Richard Glossip Was Denied a Fair Trial. An Appeals Court Still Won't Overturn His Conviction.
"While I respect the Court of Criminal Appeals' opinion, I am not willing to allow an execution to proceed despite so many doubts," said Oklahoma's attorney general.
Will Ohio Kill The Death Penalty?
Recent efforts from the governor, the attorney general, and state legislators suggest the state is moving away from capital punishment.
A "Water Pistol Unnecessarily Preceding" a "Missile-Launching F-35 Attack": Thoughts on the New York Trump Indictment
Trump very much deserves to be prosecuted and punished. But the New York case is far more dubious than the other charges likely to be brought against him.
Oklahoma Almost Killed Him 3 Times. Now, the State Is Trying To Vacate His Conviction.
"It is critical that Oklahomans have absolute faith that the death penalty is administered fairly and with certainty," said the state's attorney general in a Thursday press release.
He Got 30 Years for Murder After a Cop Killed His Friend
Lakeith Smith's case epitomizes the issues with the "felony murder" doctrine.
With the Trump Arraignment, Americans Are Seeing the Power of the Local Prosecutor
Alvin Bragg's case against Donald Trump has put the once-obscure position of district attorney into the national spotlight.
Parents of Oxford High School Shooter Can Be Prosecuted for Negligent Homicide,
based on their not securing the gun they gave him and other things, given the evidence they had of his mental state.
Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog "Intermeddled" With Defendant's Car
Nero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a "search" under the Fourth Amendment.
Idaho Likely To Authorize Execution by Firing Squad
"The firing squad, in my opinion, is beneath the dignity of the state of Idaho," said one state senator. "We have to find a better way."
International Criminal Court Issues War Crimes Arrest Warrant Against Vladimir Putin
The charge is the crime of illegal kidnapping and deportation of Ukrainian children.
Rape Rates Go Down as Countries Legalize Prostitution, Rise With Sex Work Prohibition
Plus: States move to stop cops from lying to kids, Biden wants to raise Medicare taxes, and more...
Is Investigating a School Sexting Incident the Same as Possessing Child Porn? A Judge Says No.
Bradley Bass' case in Colorado says a lot about just how powerful prosecutors are.
Alabama Set To Resume Executions. But Will They Stop Botching Them?
"No one buys this sham of a review," wrote one critic. "And the reason we don't buy it is because we all have functioning brains."
Having Jury Deliberate During Start of COVID Pandemic Didn't Deprive Murder Defendant of Fair Trial
The mentally ill defendant "testified and described how shooting white people was part of his divine, preordained mission to establish 'a kingdom of infinite peace and progress.'”
Another Dissent from Denial of Certiorari from Justice Jackson
For the second time, Justice Jackson dissents from the Supreme Court's refusal to hear a case.
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."
Pennsylvania Governor Says He Won't Sign Execution Warrants
"This is a fundamental statement of morality, of what's right and wrong," Democratic Gov. Josh Shapiro said Thursday. "And I believe Pennsylvania must be on the right side of this issue."
An Iowa Town Charged a Man With Disorderly Conduct Because He Called a Cop a 'Domestic Abuser'
Now a judge has cleared him of wrongdoing and struck down the rule used to justify the arrest.
Texas Death Row Prisoners Sue Over Automatic Solitary Confinement
The state's "arbitrary requirement to house all male death row prisoners in permanent solitary confinement does not promote safety and security, is inconsistent with correctional best practices, and serves no penological purpose," the lawsuit claims.
Arizona Pauses Executions After Gov. Hobbs Orders a Review of the State's Procedures.
"It's time to address the fact that this is a system that needs better oversight on numerous fronts," Gov. Katie Hobbs said in a Friday press release.
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.
What Exactly Is "Manslaughter" in the Alec Baldwin Case?
Though "involuntary manslaughter" is defined by New Mexico statute to includes death caused by lack of "due caution," New Mexico precedent limits it to situations where the defendant had "subjective knowledge 'of the danger or risk to others posed by his or her actions.'"
Freedom Denied Part 4: Judges Must Follow the Correct Legal Standard in Presumption-of-Detention Cases …
to reduce racial disparities and high federal jailing rates.
"The Houston Restaurant Self-Defense Shooting: Neutralizing a Threat v. Killing a Criminal"
From self-defense law scholar (and former prosecutor) T. Markus Funk.
Freedom Denied Part 2: Judges Must Follow the Correct Legal Standard at the Initial Appearance,
and stop jailing people unlawfully.
NYPD Cynically Suggests Parents Know Better Than Lawyers How To Guide Children Through Interrogations
Criminal justice advocates are pushing to pass legislation to tighten rules for juvenile interrogations, but the NYPD is not on board.
Ketanji Brown Jackson and the Future of Progressive Originalism
The liberal justice seems ready to fight legal conservatives on their own ground.
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.
"Sexually Tinged Words" to 10-Year-Old Insufficient to Prove Attempt to Sexually Assault / Entice into Car
An interesting illustration of the evidence required to prove an attempt to commit a crime.
A 10-Year-Old Boy Shot and Killed His Mother. Wisconsin Is Charging Him As an Adult.
There is little utility to charging 10-year-olds as adults, yet Wisconsin still mandates the practice in certain cases.
Court to Girl: You Have To Wait 2 Years To Comfort Your Father as He Dies. And We're Killing Him Next Week.
Missouri law bans those under 21 from witnessing executions. Despite attempts to challenge the law, 19-year-old Khorry Ramey will be barred from attending her father's execution on Tuesday.
Mandatory Life Sentences for Juvenile Homicide Offenders are Unconstitutional, Rules Tennessee Supreme Court
The court says a 51-year "life" sentence for a 2015 murder violated the Eighth Amendment.
Should Rap Lyrics Qualify as Evidence in Criminal Trials?
The music industry objects to the use of rap lyrics by prosecutors.
