In a speech to the American Bar Association today, Attorney General Eric Holder announced a potentially important new change in Justice Department policy on charging drug offenders. For reasons noted by Tom Angell of the Marijuana Majority, this is potentially an important step in curbing at least some of the excesses of the War on […]
Archive | Criminal Law
Obama Probably Did Not Win the 2012 Election by Violating the Computer Fraud and Abuse Act
In a recent post, co-blogger Stewart Baker writes that there is “a very real possibility” that the Obama campaign won the 2012 election by increasing turnout among its supporters, using tactics that violated the Computer Fraud and Abuse Act. It is difficult to definitively disprove such claims. But the available evidence cuts the other way […]
A Few Zimmerman-Related Notes
I. For most of its history, the ACLU opposed separate state and federal prosecutions for the same acts as unconstitutional double jeopardy. If I’m remembering correctly, the ACLU abandoned this position under the pressure of the egregious facts of the Rodney King case, but by an extremely close vote with much controversy. Apparently, the ACLU […]
Why George Zimmerman Didn’t Have a Public Defender
Matthew Yglesias speculates about what would have happened if George Zimmerman had been represented by a public defender. As somebody who knows quite a few public defenders (and — full disclosure — is married to one), I was surprised to see Yglesias describe most public defenders as having “little emotional … investment in winning the […]
Radley Balko’s Rise of the Warrior Cop
By Ilya Somin on July 14, 2013 2:35 pm in Criminal Law, Federalism, Political Ignorance, War on Drugs
Radley Balko’s Rise of the Warrior Cop describes the increasing militarization of America’s police forces over the last several decades, and the immense harm it inflicts. It is the best new book on a law-related topic I have read so far this year. I. The Growth of Militarized Policing. Balko describes the growing use of […]
Possible Change to Florida Law Following the Zimmerman Verdict?
Many people think the Zimmerman verdict was a just application of Florida law, i.e., that there was a reasonable possibility that Zimmerman “reasonably believe[d] that such force [was] necessary to prevent imminent death or great bodily harm to himself.” Many others think the verdict was an unjust application of that law. Many others aren’t sure, […]
Koppelman’s Two Gun Minimum
By Eugene Kontorovich on July 10, 2013 10:40 pm in Constitutional Law, Constitutional Theory, Criminal Law, Guns, Seventh Circuit
At Balkinization, Andy Koppelman has witty – and wise – rejoinder to the discussion Nick and I have had here about the plural of “Arms“: If this strict textualism is to be followed, there is an interesting implication: perhaps there is only a right to bear “arms” – plural – but not to bear a […]
Police Should Stop Shooting So Many Dogs
A. Barton Hinkle has a column on the tragic prevalence of police shooting dogs for little or no cause: Across the country, both state laws and departmental policies seem to let police officers use deadly force as a first resort against family pets that often present little or no threat. In one infamous 2010 case […]
A Real Live Third Amendment Case
The Third Amendment, which forbids the “quarter[ing]” of “soldiers” in private homes in peacetime without the owner’s consent, is often the butt of jokes among lawyers, because it generates so little litigation. But the Amendment has come up in this ongoing Nevada case, along with the Fourth Amendment and state law claims [HT: my former […]
George Will on Reducing Mandatory Minimum Sentences
George Will recently published an interesting column on a bill that would give judges greater discretion to reduce mandatory minimum sentences for federal crimes, co-sponsored by Democratic Senator Patrick Leahy and Republican Rand Paul: Seven-term Democrat Pat Leahy’s 38 Senate years have made him Judiciary Committee chairman. Republican Rand Paul is in his third Senate […]
“What Will Happen to Us After We Pass Through the Dark Curtain of Death Is the Ultimate Non-Justiciable Question”
From today’s Ferguson v. Secretary (11th Cir. May 21, 2013) (thanks to How Appealing for the pointer). Here’s a longer excerpt: The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason […]
Former Prosecutor (Now Judge) Arrested and Charged for Past Prosecutorial Misconduct
I’m told that such arrests and charges are very rare, so I thought this was noteworthy, from the Austin American-Statesman, April 19, 2013 (thanks to Lawrence Goldman [White Collar Crim Prof Blog] for the pointer): Former Williamson County District Attorney Ken Anderson was arrested … after a specially convened court found that he intentionally hid […]
Must the Fair Sentencing Act Be Applied Retroactively?
Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit, in United States v. Blewett, held that the Fair Sentencing Act’s modification of mandatory minimum sentences for crack cocaine must be applied retroactively. Judge Merritt, joined by Judge Martin, wrote for the panel. Judge Gilman dissented. Judge Merritt’s opinion for the […]
Why maximal enforcement of federal gun laws is not always a good idea
By David Kopel on April 26, 2013 4:27 am in Commerce Clause, Congress, Constitutional Law, Criminal Law, Federalism, Guns, Immigration, Necessary and Proper, Supreme Court, War on Drugs
A common trope of many Second Amendment advocates is to urge more vigorous enforcement of existing federal gun control laws, as the alternative to enacting additional laws. Rhetorically, that’s very effective. But as a policy matter, it is not always a good idea. Consider legislation recently considered by the Senate: The Manchin-Toomey amendment was supported […]
The Kermit Gosnell Multiple Murder Trial
Conor Friedersdorf and Megan McArdle write about this at The Atlantic and The Daily Beast, respectively; an excerpt from Friedersdorf’s item: The grand jury report in the case of Kermit Gosnell, 72, is among the most horrifying I’ve read. “This case is about a doctor who killed babies and endangered women. What we mean is […]