The decision is at odds with rulings by some other federal courts, and could end up setting an important precedent.
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.
Some states still allow ordinary citizens (and not just the usual criminal prosecutors) to initiate a prosecution of someone they accuse of a crime.
Professor Matthew Steilen points to an interesting letter to St. George Tucker
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.
Substantive criminal law consists of more than statutes and formal common law.
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
A liberal result (granting a criminal defendant's habeas petition) from a quite conservative judge (John Bush).
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.
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.
"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."
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
The Department of Justice is finding creative ways to file federal charges against rioters and looters.
A Sixth Circuit panel rejects claims of qualified immunity for officers and Monell immunity for a Cleveland suburb.
A former Bush Administration Justice Department official responds to Judge Michael Luttig's critique of Judge Sullivan.
A former federal judge (and Supreme Court short-lister) on what Judge Emmett Sullivan (and his critics) got right, and got wrong
A new paper by Thomas Frampton suggests most recent commentary concerning the Michael Flynn prosecution gets it wrong.
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
The brief was filed by the Cato Institute on behalf of both Cato and myself.
Kansas “will not wholly exonerate a defendant on the ground that his illness prevented him from recognizing his criminal act as morally wrong.”
Under the law, prosecutors are supposed to pursue justice and not only seek convictions.
The prominent libertarian public interest firm hopes to get the decision reversed, possibly by the Supreme Court.
A deadly raid based on a bogus tip and a fraudulent search warrant affidavit highlights loose police practices in Houston.
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.
Where does Congress get the authority to redundantly criminalize abuse of mammals, birds, amphibians, and reptiles?
Both the president and his critics casually deploy the once-incendiary charge to discredit their opponents.
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.
Yes, in many states, under the "proximate cause" theory of "felony murder."
Punishing employers is unjust for many of the same reasons as punishing the workers. And doing so harms the workers, too.
The case was brought on the family's behalf by the Institute for Justice, a prominent public interest law firm.
Plus: Tulsi Gabbard is most searched candidate, Kirsten Gillibrand attacks Biden's record on women, and more...
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.
Another day, another conflict between the Supreme Court’s Republican appointees in a criminal justice case.
Nationally, 66 percent of police departments report seeing declining numbers of applications.
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.
Attorney Mike Chase, behind the popular @CrimeADay Twitter feed, talks about his new book, How to Become a Federal Criminal.
Mike Chase, the man behind the popular @CrimeADay Twitter feed, on his new book, How to Become a Federal Criminal
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.
You might consider buying a hat to cover your face—and hoping you’ll be allowed to wear it.
A recent dissenting opinion by Supreme Court Justice Neil Gorsuch highlights some of the dangers of the enormous scope of modern criminal law.
The symposium includes contributions by 16 legal commentators, including VC bloggers Keith Whittington and myself.
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.
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.
An interesting 2018 California case I just came across.
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.
Constitutional theory meets criminal defense meets Civil War history.