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Criminal Law

Criminal Law

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."

Eugene Volokh |The Volokh Conspiracy | 7.13.2020 11:41 AM

Criminal Law

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.

Jonathan H. Adler |The Volokh Conspiracy | 7.1.2020 12:22 PM

Federalism

Turning Local Disturbances into Federal Cases

The Department of Justice is finding creative ways to file federal charges against rioters and looters.

Jonathan H. Adler |The Volokh Conspiracy | 6.21.2020 10:47 AM

Qualified Immunity

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.

Jonathan H. Adler |The Volokh Conspiracy | 6.19.2020 6:06 PM

Criminal Law

A Defense of Judge Emmet Sullivan

A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.

Jonathan H. Adler |The Volokh Conspiracy | 5.27.2020 2:08 PM

Criminal Law

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

Jonathan H. Adler |The Volokh Conspiracy | 5.26.2020 9:20 AM

Criminal Law

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.

Jonathan H. Adler |The Volokh Conspiracy | 5.17.2020 5:42 PM

Bridgeggate2

Impeachment

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.

Ilya Somin |The Volokh Conspiracy | 5.7.2020 10:06 PM

Lech3

Takings

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.

Ilya Somin |The Volokh Conspiracy | 4.18.2020 3:43 PM

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Supreme Court

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.”

Damon Root | 3.23.2020 4:30 PM

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Criminal Justice

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.

Steven Greenhut | 2.14.2020 8:00 AM

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Property Rights

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.

Ilya Somin |The Volokh Conspiracy | 12.4.2019 10:30 AM

Art-Acevedo-11-20-19-HPD

Drug War

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.

Jacob Sullum | 11.27.2019 12:15 AM

Assetforfeiture

Civil Asset Forfeiture

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.

Ilya Somin |The Volokh Conspiracy | 11.1.2019 10:16 PM

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Animals

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?

Jacob Sullum | 10.24.2019 1:35 PM

Bill-Weld-MSNBC-9-23-19

Donald Trump

Everyone Dares Call It Treason

Both the president and his critics casually deploy the once-incendiary charge to discredit their opponents.

Jacob Sullum | 10.2.2019 12:01 AM

Judging for Profit

Due Process

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.

Ilya Somin |The Volokh Conspiracy | 8.30.2019 10:44 PM

Criminal Law

Crime Victim Kills Attacker—Are the Other Attackers Guilty of Murder?

Yes, in many states, under the "proximate cause" theory of "felony murder."

Eugene Volokh |The Volokh Conspiracy | 8.20.2019 1:39 PM

ICE Sign

Criminal Law

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.

Ilya Somin |The Volokh Conspiracy | 8.11.2019 6:44 PM

Eviction

Property Rights

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.

Ilya Somin |The Volokh Conspiracy | 8.1.2019 3:34 PM

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Reason Roundup

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...

Elizabeth Nolan Brown | 8.1.2019 9:30 AM

COPS

Spending Clause

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.

Ilya Somin |The Volokh Conspiracy | 7.14.2019 10:15 AM

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Supreme Court

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.

Damon Root | 6.26.2019 11:55 AM

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Police

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.

J.D. Tuccille | 6.25.2019 9:52 AM

Delegation

Executive Power

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.

Ilya Somin |The Volokh Conspiracy | 6.20.2019 1:49 PM

16×9-2

Reason Podcast

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.

Todd Krainin | 6.11.2019 11:30 AM

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Criminal Law

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

Todd Krainin | 6.10.2019 10:30 AM

Criminal Law

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.

Eugene Volokh |The Volokh Conspiracy | 6.7.2019 8:02 AM

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Facial Recognition

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.

J.D. Tuccille | 6.6.2019 12:00 PM

Gorsuch2

Criminal Law

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.

Ilya Somin |The Volokh Conspiracy | 5.30.2019 4:29 PM

Trump 5

Executive Power

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.

Ilya Somin |The Volokh Conspiracy | 5.30.2019 3:59 PM

Free Speech

N.Y. Court Rejects Defendant's Desire "to Conceal His Identity at Trial"

Eugene Volokh |The Volokh Conspiracy | 5.27.2019 7:39 AM

Federalism

Justice Department Decides Not to Appeal Court Ruling Striking Down Federal Law Banning Female Genital Mutilation

The decision is likely to be unpopular. But it is the right thing to do nonetheless, as the law is unconstitutional. Not every evil must be addressed by a federal law.

Ilya Somin |The Volokh Conspiracy | 4.15.2019 1:59 PM

Assetforfeiture

Property Rights

Supreme Court Rules that Excessive Fines Clause Applies to States and Constrains Civil Asset Forfeiture

The decision in Timbs v. Indiana is a significant step forward for property rights and civil liberties, though a key issue remains to be resolved by lower courts.

Ilya Somin |The Volokh Conspiracy | 2.20.2019 12:20 PM

Criminal Law

Refusal to Testify = Being Accessory After the Fact

An interesting 2018 California case I just came across.

Eugene Volokh |The Volokh Conspiracy | 2.2.2019 1:54 PM

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Reason Roundup

No, Gov. Cuomo, Journalists Shouldn't Be an Extra-Protected Class: Reason Roundup

Plus: Rand Paul has "never been prouder" of Trump, the Women's March clashes with the Park Service, and Vegas' first Stripper Parade & Expo is coming soon.

Elizabeth Nolan Brown | 1.17.2019 9:30 AM

Civil War

Cynthia Nicoletti's Secession on Trial: The Treason Prosecution of Jefferson Davis

Constitutional theory meets criminal defense meets Civil War history.

Will Baude |The Volokh Conspiracy | 12.10.2018 11:00 AM

Federalism

Why the Federal Law Banning Female Genital Mutilation is Unconstitutional

FGM is a horrible crime. But banning it is one of many issues the Constitution leaves to the states, much like banning rape and murder. Yesterday's court decision striking down the law was correct.

Ilya Somin |The Volokh Conspiracy | 11.21.2018 7:08 PM

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Stormy Daniels

Ignorance Is Trump's Excuse

Given the president's confusion about campaign finance law, how could he have "knowingly and willfully" violated it?

Jacob Sullum | 8.29.2018 12:01 AM

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Donald Trump

Trump Might Be a Criminal. But So Is Everyone Else.

A question that now hangs like a miasma over D.C. is "Which of my staffers would hang me out to dry in order to avoid going to federal prison?"

Clark Neily | 8.22.2018 3:45 PM

Deported

Immigration

The Case Against Deporting Immigrants Convicted of Crimes

Immigrants who commit crimes should be punished. But no more than others who commit the same offense.

Ilya Somin |The Volokh Conspiracy | 5.27.2018 5:35 PM

Criminal Law

The 'Protect and Serve Act' Is both Unnecessary and an Assault on Federalism

There is no justification for a proposed law that would make attacks on police officers a federal crime.

Ilya Somin |The Volokh Conspiracy | 5.12.2018 12:24 PM

Criminal Law

Extra Punishment in Texas for Rape if You're Married—and for Rape of Married People

This isn't an enhancement for assaults on your spouse -- it's an enhancement for assaults on anyone, if you happen to be married.

Eugene Volokh |The Volokh Conspiracy | 5.10.2018 11:48 AM

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