My DU colleague Thomas Russell, who used to teach at the University of Texas Law school, has a written a paper, available on SSRN, which urges the University of Texas Law School to rename Simkins Hall, a law and graduate male student dormitory named for William Stewart Simkins. Simkins taught equity, contracts, procedure, and related topics at UT for […]
Archive | Criminal Law
More on “Weight Classes” for Prison Inmates
In a recent post, I endorsed economist Bryan Caplan’s “weight class” plan for reducing prison rape by separating prisoners by size and weight. It turns out that Columbia law student Philip Ellenbogen developed the same idea in a 2009 article for the Columbia Journal of Law and Social Problems (see esp. pp. 363-68). As he […]
A Creative Proposal for Reducing Prison Rape
Back in 2007, I wrote a post explaining why the massive problem of prison rape is the sort of issue that government is likely to handle poorly because of structural flaws: [T]he government’s failure to address the problem is not accidental. Government is responsive to those who have political power, and prisoners are the classic […]
“Exonerated” Former Death Row Inmate Reconvicted
Over at Crime and Consequences, Kent Scheidegger has a couple of interesting posts on former death row inmate Timothy Hennis. He was found guilty yesterday of premeditated murder by a military jury, even though he has long been listed on the “innocence list” maintained by the Death Penalty Information Center. Of course, it is possible […]
Is Texas About to Execute (Another) Innocent Man?
There is strong, if but not conclusive, evidence suggesting that Texas executed an innocent man, Cameron Todd Willingham. Radley Balko reports that some fear the Lone Star state is about to do it again in the case of Hank Skinner. DNA testing of remaining evidence might put an end to such fears, and provide further […]
Eric Holder Letter to Senators on Abdulmutallab
By Kenneth Anderson on February 3, 2010 6:12 pm in Counter-Terrorism Policy, Criminal Law, War on Terror
AG Eric Holder has released a letter to a group of Senators wanting an explanation for, among other things, the decision to Mirandize the Christmas Day bomber. I’ve read it quickly and guess I’d describe it as doubling down on the administration’s actions, rather than walking them back. Holder takes responsibility for the decision: I […]
What Kinds of Crime Might Dungeons and Dragons Inspire?
In response to my post on the 7th Circuit decision upholding a Wisconsin prison rule forbidding inmates to play Dungeons and Dragons, Joe Carter of First Things speculates about the kinds of D&D-inspired crime that the prison authorities might be worried about: What crime could they have committed by acting out a D&D storyline? Did […]
7th Circuit Upholds Prison Rule Forbidding Inmates to Play Dungeons and Dragons
In a decision issued today (here is an alternate link to the decision), the 7th Circuit Court of Appeals has upheld a Wisconsin prison’s rule forbidding inmates to play Dungeons & Dragons or possess D&D publications and materials [HT: Josh Blackman]. The prison’s rationale for the ban is that playing D&D might stimulate “gang activity” […]
If a Siamese Twin Commits Murder, Does His Brother Get Punished Too?
Slate has this interesting analysis of the question.
Interesting Self-Defense Case
From the Chicago Daily Herald. Throwing a rock through a car window might not at first seem like much by way of self-defense, especially if the fear is that the car will run you over. But I take it that the court’s rationale — which seems sensible — must have been that showing signs of […]
Restitution for Victims of Child Pornography
By Paul Cassell on January 5, 2010 11:57 am in Computer Crime Law, Crime Victims Rights, Criminal Law
Yesterday U.S. District Judge Patrick Schiltz of the District of Minnesota issued an interesting order regarding a restitution application in a child pornography case. In his order, found here, Judge Schiltz chastises the government for failing to pursue restitution for child pornography cases in his district, even though Congress has made restitution mandatory in such cases. […]
All Charges Dismissed Against Blackwater Contractors
D.C. Federal District Court Judge Ricardo Urbina has just dismissed all charges against several Blackwater guards, who were accused of voluntary manslaughter and various serious firearms offenses in connection with a September 16, 2007, shooting in Baghdad. A copy of the opinion, which can be found here, chastises the government for improper conduct: In their zeal […]
The Thin Line Between Activism and Obstruction
Fifth installment of a five-part series on Silverglate’s book, Three Felonies a Day: How the Feds Target the Innocent. This week, I’ve had the pleasure of guest-blogging on the Conspiracy and expanding upon discussions from my book, Three Felonies a Day: How the Feds Target the Innocent. I’ve examined the Supreme Court’s skepticism toward honest […]
Stephen Halbrook Christmas Special
By David Kopel on December 17, 2009 6:34 pm in Constitutional History, Criminal Law, Fourteenth Amendment, Guns, Supreme Court
A fifty-three minute podcast interview with Stephen Halbrook. Over the last three decades, Halbrook has been the greatest legal champion of Second Amendment rights. As a scholar, as an attorney (with a 3-0 record in the Supreme Court), and as a public advocate, Halbrook has done tremendous work in saving the Second Amendment from nullification, and in putting the […]
How the “Independent” Fourth Estate Has Failed in its Critical Duty
Fourth installment in a five-part series on Silverglate’s book, Three Felonies a Day: How the Feds Target the Innocent. In a discussion on WAMU Radio yesterday, host Kojo Nnamdi noted that vagueness in the federal criminal law has recently made “strange bedfellows” of the political left and right. This same “emerging consensus” was also the […]