Criminal Law
"The Possibility of Prosecuting Federal Court Leakers—Update & Rejoinder"
Former prosecutors Markus Funk and Andrew S. Boutros, and Judge Virginia Kendall, delve further into this fascinating question.
The Case for Pursuing the Issue of Russian War Crimes in Ukraine - Even Though Putin is Highly Unlikely to Ever be Tried and Punished
Putin and other Russian leaders are likely guilty of massive war crimes. And there is real, though limited, value to pursuing the issue.
Justices Spar Over How to Interpret the Armed Career Criminal Act
In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.
Biden Nominates Ketanji Brown Jackson to the Supreme Court
The SCOTUS pick has shown admirable judgment in criminal justice cases.
Federal Court Rules Takings Clause May Require Compensation when Police Destroy an Innocent Person's Home in Process of Pursuing a Suspect
The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
Ahmaud Arbery's Alleged Murderers Almost Escaped Charges, Thanks to Prosecutorial Misconduct
As the trial wraps up, it's important to remember that the first prosecutor on the case, Jackie Johnson, has been indicted for violating her oath of office.
Private Prosecutions
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
John Marshall Argued for the Independence of Federal Prosecutors
Professor Matthew Steilen points to an interesting letter to St. George Tucker
Cheerleaders and Property Owners Prevail in the Supreme Court (Updated)
Today produced one of the Supreme Court term's few true conservative-liberal splits, and showed additional signs of a generational divide on criminal law.
Legal Conventions and Criminal Law
Substantive criminal law consists of more than statutes and formal common law.
How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
Sixth Circuit Grants Habeas Petition for Lower's Court's Objectively Unreasonable Application of the Confrontation Clause
A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).
Derek Chauvin Jury Selection Process Highlights Need to Stop Dumbing Down Juries
The system routinely excludes not only those who might be familiar with a given case, but also those who have relevant background knowledge that might improve the quality of jury deliberations.
Is the Supreme Court Preparing to End Qualified Immunity?
Experts disagree on whether this is likely or not. The answer remains unclear. But, either way, reform advocates should pursue both litigation and legislative reform. The two approaches are mutually reinforcing, not mutually exclusive.
Interesting Entrapment Case
"Using a bait-and-switch tactic, a detective posing as [eighteen-year-old] Amber chatted and flirted with DeMare online and via text message for four days as an adult before revealing on the fifth day that she was actually a minor."
Judge Luttig on How the D.C. Circuit Bungled the Flynn Case
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
Turning Local Disturbances into Federal Cases
The Department of Justice is finding creative ways to file federal charges against rioters and looters.
Of Chris Rock, Cartoons, and Qualified Immunity
A Sixth Circuit panel rejects claims of qualified immunity for officers and Monell immunity for a Cleveland suburb.
A Defense of Judge Emmet Sullivan
A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.
Michael Luttig on How the D.C. Circuit Should Handle the Flynn Case
A former federal judge (and Supreme Court short-lister) on what Judge Emmett Sullivan (and his critics) got right, and got wrong
Why Do Rule 48(a) Dismissals Require "Leave of Court"?
A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.
No, the Supreme Court's "Bridgegate" Decision Doesn't Vindicate Trump on Impeachment [Updated with Comment on Josh Blackman's Clarification of his Position]
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Our Amicus Brief Urging the Supreme Court to Consider Takings Case in Which Authorities Refused to Compensate Innocent Owners of House Destroyed by Police
The brief was filed by the Cato Institute on behalf of both Cato and myself.
Supreme Court Upholds State Law Limiting the Use of the Insanity Defense
Kansas “will not wholly exonerate a defendant on the ground that his illness prevented him from recognizing his criminal act as morally wrong.”
Can the Criminal Justice System Be Fixed? The Jury's Still Out.
Under the law, prosecutors are supposed to pursue justice and not only seek convictions.
Institute for Justice Takes up Case where Federal Court Ruled Government Owes no Compensation to Innocent Property Owner Whose House was Destroyed By Police
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
Anatomy of a Drug War Crime
A deadly raid based on a bogus tip and a fraudulent search warrant affidavit highlights loose police practices in Houston.
Indiana Supreme Court Applies Eighth Amendment to Curb "Oppressive" Asset Forfeitures
The ruling is a continuation of the same case in which the federal Supreme Court ruled that the Excessive Fines Clause of the Eighth Amendment is "incorporated" against state governments and applies to asset forfeitures.
Congress Tortures the Constitution To Obtain Permission for a Federal Animal Cruelty Law
Where does Congress get the authority to redundantly criminalize abuse of mammals, birds, amphibians, and reptiles?
Everyone Dares Call It Treason
Both the president and his critics casually deploy the once-incendiary charge to discredit their opponents.
Federal Court Rules State Judges Cannot Profit From Fines and Fees Imposed on Defendants in the Cases Before Them
If the court that hears the cases stands to profit from the fines paid by defendants, that's a violation of the Due Process Clause of the Constitution. The rulings have potential implications for other, similar conflicts of interest in the criminal justice system.
Crime Victim Kills Attacker -- Are the Other Attackers Guilty of Murder?
Yes, in many states, under the "proximate cause" theory of "felony murder."
If You Oppose Punishing and Deporting Undocumented Workers, You Should Also Oppose Punishing Employers that Hire Them
Punishing employers is unjust for many of the same reasons as punishing the workers. And doing so harms the workers, too.
Lawsuit Challenges Ordinance Requiring Eviction of Entire "Household" if One Member Has Committed a Crime
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Biden Gets Pummeled for Obama's Ugly Immigration Record
Plus: Tulsi Gabbard is most searched candidate, Kirsten Gillibrand attacks Biden's record on women, and more...
Trump Administration Finally Wins a Sanctuary City Grant Condition Case
The ruling comes after a long string of losses blocking other administration efforts to deny federal law enforcement funds to sanctuary jurisdictions. The different result in this case is largely a product of the unusual nature of the program involved.
Gorsuch and Alito Fight Over Criminal Sentencing and the Right to Trial by Jury
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
U.S. Cops Are Facing a Recruitment Crisis. Will It Force Them to Change Their Ways?
Nationally, 66 percent of police departments report seeing declining numbers of applications.
A Troubling Supreme Court Decision on Non-Delegation
Today's ruling in Gundy v. United States allows Congress to delegate to the executive broad power to create new criminal offenses. But there is hope the Court might reconsider Gundy in the future.
You Can Get a Year in Jail for Feeding Garbage to a Pig
Attorney Mike Chase, behind the popular @CrimeADay Twitter feed, talks about his new book, How to Become a Federal Criminal.
You Can Get 5 Years in Prison for Selling Llama Poop, and Other Ludicrous Laws
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
Don't Trust the FBI to Properly Use Its Massive Facial Recognition Database
You might consider buying a hat to cover your face—and hoping you’ll be allowed to wear it.
Dangers of a World Where "Almost Anyone Can be Arrested for Something"
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
Vox Symposium on Whether a Sitting President Can be Indicted and Prosecuted for a Crime
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
