Lindsay Clancy's Holdout Juror Did What Jurors Are Supposed To Do
Just as a holdout may be a bulwark against wrongful conviction, a unanimous verdict is difficult to obtain by design.
Juries
The Right to Trial is Vanishing. Could Bolder Juries Save It?
A new campaign by the Cato Institute aims to educate jurors on their right to vote their conscience against unjust laws and sentences.
The Lindsay Clancy Jury Was Tasked With an Impossible Question
In the court of public opinion, there is little room for ambiguity here. But those who watched the trial know that reality is far less satisfying.
The 8th Circuit Lets the Government Retroactively Repair Unconstitutional Gun Cases Against Pot Smokers
A SCOTUS petition argues that the practice, which allows a judicial finding of dangerousness based on a preponderance of the evidence, violates the Fifth Amendment.
How the Right to Trial Became a Legal Fiction
Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs.
Neil Gorsuch Urges Supreme Court To Correct 2 Wrong Turns That Undermined Civil Liberties
The justice criticizes the Court’s endorsement of coercive plea bargaining and its embrace of dubious Fourth Amendment doctrines.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
A Supreme Court Decision Restricting Appeal Waivers Underlines the Injustice of Coercive Plea Bargaining
The Supreme Court ruled that "an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice."
2 Grand Juries Have Rejected the Grudge-Driven Case Against Trump Foe Letitia James
The back-to-back setbacks are a striking sign that the mortgage fraud charges against New York's attorney general are legally shaky.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Should the Seventh Amendment Civil Jury Trial Right Apply to the States?
The right to a civil jury trial is far more deeply rooted in American history and tradition than is the right to own guns, which the Supreme Court was right to incorporate.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
Trump Rightly Pardons 2 Florida Divers Who Became Federal Felons Because of an Honest Mistake
John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.
Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims?
Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.
2 Florida Men Who Thought They Were Freeing Illegally Caught Sharks Are Now Felons
Federal prosecutors argued that John Moore and Tanner Mansell stole property when they hauled in a fishing line they mistakenly believed had been set by poachers.
The FBI Raided This Innocent Woman's House. Will She Ever Get Justice?
Thus far, the courts have barred Curtrina Martin from asking a jury for damages. She is appealing to the Supreme Court.
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Why Are Liberals Suddenly Denouncing the Right to a Jury Trial?
Justice Sonia Sotomayor called the Supreme Court ruling in SEC v. Jarkesy "a power grab." She's right, but in the wrong way.
SCOTUS Rules SEC's In-House Handling of Securities Fraud Cases Violates the Right to Trial by Jury
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
California Students Get $1 Million After They Were Expelled for Wearing Supposedly Racist Acne Masks
School officials falsely accused the boys of posing for a photo in blackface.
The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump
Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.
Will Elon Musk's Twitter Sex Jokes End the Administrative State?
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
The Tony Timpa Wrongful Death Lawsuit Against Police Shows Why Jury Trials Are So Important
Trials are incredibly valuable fact-finding tools—particularly when the defendants are public employees.
With 22-Year Sentence, Ex-Proud Boys Leader Enrique Tarrio Pays Hefty 'Trial Penalty'
Plus: New York City's crackdown on short-term rentals, Brazil's UFO investigations, and more...
Ron DeSantis Signs Florida Law Setting Lowest Threshold for Death Penalty Sentences in the Country
Florida will now only require an 8–4 majority for a jury to recommend a death sentence. Alabama is the only other state that allows split juries to recommend death sentences.
Ron DeSantis Says Florida Shouldn't Require Unanimous Juries for Death Sentences
"We can't be in a situation where one person can just derail this," DeSantis told a gathering of law enforcement officials.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
Adnan Syed's Exoneration Shows How Hard It Is To Free Innocent People
Convincing evidence of his innocence has been available for years. But the criminal legal system prioritizes procedure and bureaucracy over liberty.
A Jury Acquitted Them of Various Charges. They Served Prison Time for Them Anyway.
The Supreme Court may soon consider if acquitted conduct sentencing is illegal.
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
Restoring the Guardrails of Democracy: A Libertarian View
Third post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson presents the Team Libertarian Report.
He Was Arrested for Promoting Jury Nullification. A Federal Court Says That Was Illegal.
Michael Picard's free speech rights were violated when he was booked for telling passersby to "Google Jury Nullification."
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.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
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.
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.
A Federal Jury Delivers a Rebuke of FBI Entrapment
The agency’s tactics doomed the prosecution of defendants who allegedly planned to kidnap Michigan's governor.
Prosecution Rests in Ahmaud Arbery Murder Trial
Plus: The View eats its own, NPR ignores a victory for Asian-Americans, and more...
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
