Author: Kent Scheidegger

Of Crime and Groceries

by · Jul 11, 2025 8:43 am

Among the many strange ideas of New York mayoral nominee Zohran Mamdani is the notion that government can do a better job running grocery stores than free enterprise. This strange idea arises from the combination of the fact that some neighborhoods have inadequate or insufficient groceries combined with the ideological imperative to blame problems on approved villains, with businesses being at the top of the list.

Steven Malanga, in the City Journal, argues that the true cause is quite different:

New York City retailers have been closing shops by the hundreds in the last seven years because of growing social unrest and crime sparked by misguided criminal-justice reforms. Moreover, Mamdani’s own criminal-justice agenda, which includes reducing enforcement by the police department, promises to add to retailers’ woes.

Continue reading . . .

The Cushy Prisons for Murderers Act of 2025

by · Jul 11, 2025 8:23 am

Just when one thinks that the California Legislature has already maxed out its soft-headedness on crime, it goes and demonstrates that there is no limit. A bill has passed the California Senate by a wide margin declaring that “life inside prison should be as close to life outside of prison as much as possible.” [Sic.] As amended in the Assembly, Senate Bill 551 now includes this provision*:

The Legislature recognizes that life in prison can never be the same as life in a free society. However, active steps should be taken to make conditions in prison as close to normal life as possible, aside from loss of liberty, and to ensure that this normalization does not lead to inhumane prison conditions.

Unbelievable. Yes, we do not want our prison conditions to be inhumane. But “as close to normal life as possible”? It’s supposed to be punishment. And since the 2011 realignment, nearly everyone in California state prison (as opposed to county jail) is there for serious crimes, multiple repeated crimes, or both.

For premeditated murder, death is justice and anything less is mercy. Mercy is sometimes the right choice, but that does not mean we have to go overboard. A premeditated murderer who gets life in prison with a possibility of parole has already gotten off with less than he deserves. So now we have to take “active steps” to make sure he is comfy and entertained during his too-short time in the slammer? And we spend taxpayer money to do so while far more important functions of government go unfunded?

Who votes for this insanity? Continue reading . . .

A Baltimore Miracle?

by · Jul 9, 2025 8:21 am

Is the infamously violent Baltimore City* on track for a miracle? Joshua Crawford, director of criminal justice initiatives at the Georgia Center for Opportunity, has this op-ed in the Baltimore Sun,** titled “Are we witnessing a Baltimore Miracle in fight against crime?” He notes Baltimore’s sky-high crime rates, followed by dramatic drops beginning in 2023:

Murder declined nearly 22% in 2023, and then another almost 23% in 2024 — erasing all of the post-2014 increases. Through May 1, 2025, homicides were down another 31%, putting Baltimore on pace for its fourth sub-200 murder year since 1970, and the city’s lowest total since the mid-1960s.

This success follows adoption of a three-pronged effort:

First, in January 2022, Mayor Brandon Scott’s office launched its Group Violence Reduction Strategy (GVRS). GVRS is a focused deterrence policing strategy that focuses on violent groups driving violence. It does so by credibly delivering three messages. Respected members of the community convey that violence is unacceptable and must stop, optional services are offered for those who wish to desist from shootings and other gun violence, and finally, predictable, swift, and certain consequences are promised to those whose groups continue to engage in gun violence.

Continue reading . . .

New Cases at the Supreme Court

by · Jul 3, 2025 8:27 am

This morning, the U.S. Supreme Court took up five cases for argument next term, two of which are consolidated. None are criminal cases. One case, Oliver v. Brandon, Mississippi involves the scope of the rule of Heck v. Humphrey, which prevents the use of civil litigation to do an end-run around the limits on collateral attack on state convictions in habeas corpus law. We will take a closer look at that one, although on its facts it appears that the plaintiff has a valid complaint.

Japan Executes Serial Killer

by · Jun 27, 2025 5:14 pm

Junko Ogura and Chris Lau report for CNN:

Japan has executed a man dubbed the “Twitter killer,” who was convicted of murdering and dismembering nine people, mostly women, in the country’s first use of capital punishment in nearly three years.

Takahiro Shiraishi, 34, was hanged Friday at the Tokyo Detention House. He was sentenced to death in 2020 after pleading guilty to killing the nine people – eight women and one man. Continue reading . . .

Supreme Court Nixes Nationwide Injunctions

by · Jun 27, 2025 8:09 am

The Supreme Court held today that the statute that grants federal courts authority in “suits in equity” does not empower a court to issue an injunction against enforcement of a statute or executive order that applies nationwide, as opposed to one that only protects the plaintiffs in the case.

The high court based its opinion on the statute only, not Article III of the Constitution as the government had requested. That means that Congress can still enact a new statute spelling out when, if ever, nationwide injunctions can be ordered. Bills are pending in Congress, as I noted in this post. Congress should proceed with that effort. Sometimes such injunctions are needed, but swift review must be provided so that a single judge does not halt enforcement on a dubious theory, especially where the same theory has been rejected by other district judges.

Continue reading . . .

Revoking Federal Supervised Release

by · Jun 20, 2025 9:10 am

There is no parole, as such, in the federal sentencing system, but a sentence can include a period of “supervised release” following the term of incarceration. Under 18 U.S.C. § 3553(a)(2)(A), when imposing the original sentence, a federal judge can consider, among other factors, “the need for the sentence imposed” “to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.” Can the judge consider that factor when deciding on a revocation of supervised release?

No, the Supreme Court decided today in Esteras v. United States, No. 23-7483. Why not? The simple answer is because Congress said so. The statute on supervised release, 18 U.S.C. § 3583(c), specifies the factors. Many of the factors used to set the initial sentence are included, but that one is conspicuously absent.

So why is there any difficulty at all? Continue reading . . .