Author: Kent Scheidegger

Felony Murder, Depraved Hearts, and the Chauvin Verdict

by · Apr 21, 2021 1:11 pm

Former police officer Derek Chauvin was convicted yesterday of three charges: second-degree murder, third-degree murder, and second-degree manslaughter. (Since all three were based on the same act against the same victim, he will only be punished for one.) Understanding these charges, and how likely they are to be sustained on appeal, requires some background.

Felony Murder

The second-degree murder charge is based on the controversial felony-murder rule. This rule is a prime target of the criminal justice “reform” movement. The California Legislature has abolished the rule to the extent that it can, being limited by a voter-enacted initiative. Continue reading . . .

USDOJ Targets Ransomware

by · Apr 21, 2021 10:17 am

“The Justice Department has formed a task force to curtail the proliferation of ransomware cyberattacks, in a bid to make the popular extortion schemes less lucrative by targeting the entire digital ecosystem that supports them,” Dustin Volz reports for the WSJ. Continue reading . . .

Who Killed Adam Toledo?

by · Apr 20, 2021 11:43 am

Rafael Mangual asks and answers the above rhetorical question in this article in City Journal.

Most news coverage and discussion of controversial uses of force by police zoom in on a brief snippet of video, leaving out the context. That is a huge mistake, Mangual argues:

The immediate cause of Toledo’s death was the bullet fired by Officer Stillman. But it’s worth examining how a 13-year-old boy ended up in a full sprint through a dark alley at 2:30 AM with a gun in his hand and a police officer on his tail. Continue reading . . .

What Do “Studies Show” About Sentence Length and Recidivism?

by · Apr 20, 2021 10:33 am

Eric Siddall, VP of the (Los Angeles) Association of Deputy District Attorneys has this article debunking DA George Gascón’s assertion that the “science and data” show that his soft sentencing policies will actually improve public safety.

CJLF is presently working on a literature review of this area, which we expect to have in working paper form in the next couple of weeks. Continue reading . . .

Another Loss for Open Debate

by · Apr 16, 2021 8:04 am

The anti-police forces who seek to suppress every voice that disagrees with them have claimed another kill, and freedom of expression has suffered another loss.

In a notorious incident in 2020, Breonna Taylor was shot and killed by police serving a warrant. Unlike most of the high-profile use-of-force incidents of the last few years, there is no indication that Ms. Taylor brought the use of force on herself.

Even so, it does not follow that the police necessarily did anything wrong either. Hearing their side of the story would inform the public debate. Continue reading . . .

No Charges for Officer in Capitol Riot Shooting

by · Apr 14, 2021 2:29 pm

Sadie Gurman reports for the WSJ:

The police officer who shot and killed Ashli Babbitt during the Jan. 6 riot at the U.S. Capitol won’t face federal criminal charges in connection with her death, the Justice Department said Wednesday.
*      *      *
“Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution,” the Justice Department said in a statement announcing the closure of its probe. Continue reading . . .

Passengers Scared Off Subway by Crime Fear

by · Apr 13, 2021 3:00 pm

A new survey conducted by New York’s Metropolitan Transportation Authority found riders are more concerned about crime and harassment on trains and in stations now than they were six months ago. It also found that fear of crime is an impediment to people returning to the system.

Paul Berger has this story in the WSJ, with the finding above. The title of this post is the title of the story in the print edition.

For decades, government has tried to get people to use public transportation more and private cars less. Such usage is better for the environment, better for our energy independence, and even better for the people who remains in their cars as it will reduce their congestion. As the pandemic subsides, this will once again be a major government goal.

So how to do it? Well, for one thing, make people feels safe there. To do that, wake up to the reality that everything the “woke” say about law enforcement is wrong. Continue reading . . .

Litigation Threats and Extortion

by · Apr 13, 2021 10:38 am

Threatening a groundless lawsuit unless the target pays money has often been referred to a “legalized extortion.” But maybe it’s not always legal.

The Hobbs Act makes it federal crime to obstruct, delay, or affect commerce by extortion. Extortion is defined as “the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.” See 18 U.S.C. § 1951(a). Does “wrongful” include a “threat of sham litigation.” Continue reading . . .

Junk Science

by · Apr 9, 2021 3:07 pm

There is a lot of junk in psychology today, Jesse Singal tells us in this article in the WSJ. The title in tomorrow’s print edition is “The False Promise of Quick-Fix Psychology Why We Keep Falling For Fad Psychology.”

Some of this junk impacts criminal justice and law enforcement issues. Continue reading . . .