Author: Kent Scheidegger

Survey of 2019 State Criminal Law Legislation

by · Sep 18, 2020 10:46 am

The Federalist Society has this white paper by Robert Alt surveying changes in criminal law in 2019. The most encouraging development comes from Alaska. That state’s legislature and governor realized that prior “reform” (i.e., soft on crime) legislation went too far and rolled it back substantially. California has an initiative on the November ballot that, if approved by the voters, would make modest roll-backs of the state’s ill-conceived Propositions 47 and 57 of earlier years. Continue reading . . .

Crime Rates Up and Down in First Half of 2020

by · Sep 16, 2020 10:43 am

Crime Change Graph The FBI has released its preliminary crime report for the first half of 2020. In this unprecedented year, we see crime rate changes varying widely by crime. Rates for rape, robbery, burglary, and most thefts are down, probably because of more people staying home. Rates for murder and arson are up sharply, and there are substantial increases in aggravated assault and auto theft as well. Continue reading . . .

A Sigh of Relief in California

by · Sep 2, 2020 10:00 am

In California today, people of sense breathe a sigh of relief when the Legislature adjourns for the year. In public safety, particularly, that body now passes much harmful legislation and very little that helps.

Christine Mai-Duc and Alejandro Lazo report in the WSJ that anti-police activists are disappointed that the Legislature adjourned without passing much in the way of what they call “police reform.” We can all exhale now. Continue reading . . .

USCA-DC to Gen. Flynn: No Writ for You!

by · Sep 1, 2020 11:07 am

Soup Nazi from SeinfeldIn May, the government moved to dismiss the cases against Gen. Michael Flynn. Normally, the judge would routinely grant such a motion. If the parties are agreed, there is generally nothing for a court to decide. In this case, though, the judge did not grant the motion right away but appointed an amicus curiae to argue against it. Gen. Flynn asked the court of appeals for an “extraordinary writ,” ordering the district court immediately grant the motion to dismiss. See this post by Bill Otis. Yesterday, the court of appeals said no.

Is this a vindication for the judge’s unusual maneuver and a repudiation of both the government and Gen. Flynn? No.

Continue reading . . .

Child Killer Executed

by · Aug 28, 2020 4:53 pm

The U.S. Department of Justice announced that the execution of Keith Nelson was completed today, and he was pronounced dead at 4:32 pm EDT.

In October 1999, Nelson told an acquaintance that he wanted to kidnap, rape, torture, and kill a young girl he had seen in Kansas City, Kansas.  Shortly thereafter, Nelson parked his white pickup truck outside the home of 10-year-old Pamela Butler, who was rollerblading nearby. Continue reading . . .

USCA-DC Denies Stay for Child Killer

by · Aug 26, 2020 9:19 am

The U.S. Court of Appeals for the D.C. Circuit yesterday denied a stay of execution for Keith Nelson. According to the DOJ Press Release of June 15, “Keith Dwayne Nelson kidnapped a 10-year-old girl rollerblading in front of her home, and in a forest behind a church, raped her and strangled her to death with a wire.”

Nelson now claims he will suffer too much pain in the very brief interval between the time he is injected with a massive overdose of pentobarbital and the time he becomes insensate to pain as a result. Continue reading . . .

Ex Post Facto

by · Aug 20, 2020 3:17 pm

On Tuesday, August 18, the Supreme Court issued an order in Mnuchin, et al. v. Collins, et al., No. 19-563 and the cross-appeal that began, “Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020….” Continue reading . . .