Monthly Archive: October 2025

AI Hallucinations in Court Orders

by · Oct 29, 2025 10:31 am

The use of artificial intelligence (and sometimes artificial stupidity) has taken a dangerous turn. It’s deplorable when lawyers use AI to draft briefs with made-up precedents and false “facts,” at least without a thorough, human check. But briefs alone do not have legal effect, and the errors can be found by opposing counsel and the court.

But now there is a horrifying new turn. Daniel Wu reports for the Washington Post:

Two federal judges in New Jersey and Mississippi admitted this month that their offices used artificial intelligence to draft factually inaccurate court documents that included fake quotes and fictional litigants — drawing a rebuke from the head of the Senate Judiciary Committee.

Continue reading . . .

Who to Believe About Crime Data

by · Oct 27, 2025 11:34 am

An article by Hans Bader in Liberty Unyielding raises questions about the reliability of government reported crime data.  The article cites statistics compiled by UCLA PhD and former Harvard Professor John Lott which indicate that prior to the Biden administration, the annual FBI Uniform Crime Reports (UCR) tracking reported crime in the U.S. and the separately conducted National Crime Victimization Survey (NCVS), which interviews roughly 240,000 Americans about crimes committed against them,  complemented each other by indicating similar trends in criminal activity.  But, as Lott notes, after 2020,

“they’ve diverged sharply: The FBI reports fewer crimes, while more Americans say they’ve been victimized. Unreported crime was always a factor . . . . Another factor appears to have skewed the FBI data: the breakdown of law enforcement in this country. When people believe police won’t catch or prosecutors won’t punish criminals, they’re simply less likely to report crimes. Between 2010 and 2019, victims reported 63.3% of violent crimes to police. In the last three years, that number plummeted to 48.8%. Arrests fell as well–from 26.5% before COVID-19 to just 16.6% afterward.”

Continue reading . . .

Judge Resentences Menendez Brothers

by · Oct 22, 2025 11:29 am

A Los Angeles judge has resentenced the Menendez brothers, originally serving life without parole, to 50-years-to-life.  ABC News reports that the brothers, who murdered their parents with shotguns in 1989,  are immediately eligible for parole.  Later in the story reporter Emily Shapiro writes,

“It could take months before Erik and Lyle Menendez are assigned a parole date for the resentencing case. They are eligible for that parole date right away, as inmates with a sentence of 25 years-to-life or longer can get their hearing during the 25th year of incarceration, according to the California Department of Corrections and Rehabilitation.”

The 25-year eligibility comes under California’s “youth offender parole” statute. It was originally enacted for inmates under 18 at the time of the crime to address problems created by U.S. Supreme Court decisions. However, the Legislature later expanded it to all inmates under 26 at the time of the crime.

Guns and Drug Users

by · Oct 20, 2025 8:54 am

This morning the U.S. Supreme Court took up yet another Second Amendment case, United States v. Hemani, No. 24-1234.

The wide-ranging federal gun control statute (18 U.S.C. § 922) prohibits gun possession by, among many others, “(g) … any person … (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

Does that law sweep too broadly? The federal courts of appeals are divided. Continue reading . . .

Restitution and Ex Post Facto

by · Oct 15, 2025 10:00 am

Yesterday, the U.S. Supreme Court heard argument on whether a restitution order under the federal Mandatory Victim Restitution Act is a criminal sanction, subject to the constitutional prohibition against retroactive legislation in the Ex Post Facto Clause. The case is Ellingburg v. United States, No. 24-482.

The legislation and its history provide enough indications that Congress intended a criminal sanction that the Solicitor General agreed with the defendant, and the court appointed an amicus curiae (friend of the court) to argue in support of the court of appeals’ judgment. Appointed amici do not often prevail in this situation, although it does happen. Not likely in this case. Continue reading . . .

U.S. Supreme Court Arguments This Week — Habeas Corpus

by · Oct 13, 2025 3:51 pm

The U.S. Supreme Court has a two-day argument week this week, as today is Columbus Day. Three of the four cases are criminal cases, but none is a blockbuster. We have one case on habeas corpus, one on restitution and retroactivity, and one on the Fourth Amendment and emergency entry to houses. I will discuss the habeas corpus case in this post.

Bowe v. United States, No. 24-5438, on tomorrow’s (Tuesday’s) calendar, relates to a problem interpreting the Antiterrorism and Effective Death Penalty Act (AEDPA) with regard to successive petitions by federal versus state prisoners. An unusual aspect of the case, as far as Supreme Court habeas corpus cases go, is that the petitioner is actually correct, in my opinion. The Solicitors General of both the current and previous administrations think so too on one of the questions, so a special amicus has been appointed to argue in support of the lower court decision. Continue reading . . .

Standing Case in the Supreme Court

by · Oct 10, 2025 11:26 am

One of the requirements to file a civil suit in federal court is “standing.” That is, the plaintiff must have a sufficient interest in the subject matter. Just being against a law on principle is not enough. Determining what interests are sufficient has been a long-standing problem, and the rules are sometimes loosened when they operate, in practice, to completely immunize questionably constitutional laws from any challenge. The case of Bost v. Illinois Board of Elections, which was argued in the U.S. Supreme Court on Wednesday, is a standing case.

CJLF has been involved in standing battles in our work on behalf of victims of crime. When we challenge the early release of a murderer or rapist on behalf of a victim or victim’s family, we are regularly met with an objection that the victim has no standing. California Attorney General Rob Bonta has fought us tooth and claw on this, although he is much milder in his objections to third parties seeking to help murderers. (See pp. 14-15 of this brief.) Continue reading . . .

Walgreens Shrugged

by · Oct 9, 2025 11:10 am

Illinois Review has a story headlined “Walgreens Abandons Chicago, Flees a Crime-Infested Downtown Under Pritzker and Johnson.”

Walgreens, one of Illinois’ most iconic companies, is the latest major corporation to abandon downtown Chicago – delivering another blow to Governor J.B. Pritzker and Mayor Brandon Johnson’s claim that the city is safe and open for business.

The Deerfield-based pharmacy chain announced this week it will vacate its massive 200,000-square-foot office space inside Chicago’s Old Post Office, a redevelopment once hailed as proof of the city’s comeback. Instead, Walgreens plans to move back to the suburbs in January 2026, nearly seven years before its lease expires in 2032.

At its peak, the office housed 1,800 employees, serving as a corporate hub for operations and tech teams. But in a city now defined by retail theft, carjackings, and homelessness, downtown has become unrecognizable. Continue reading . . .

Study: 40% of Fatal Car Crash Victims Are Stoned

by · Oct 7, 2025 1:14 pm

According to the American Journal of Public Health 62 million Americans aged 12 or older are using marijuana, and the market for the drug has reached nearly $40 billion.  The increase in marijuana use corresponds with the effort to legalize it, which has now occurred in 38 states and U.S. territories.  The impact of the drug on public health has become difficult to ignore with numerous studies documenting the negative effects both psychological and physical which are common among regular users. One of those negative impacts is fatal vehicle accidents. A Wright State University study published in the Journal of the American College of Surgeons reports that more than 40% of those who die in car crashes have high levels of THC, the compound in marijuana what makes users high. The average blood level in fatal accident victims was 30.7 ng/ML.  The legal limit among states which have legalized marijuana for recreational use ranges from 2 to 5 ng/ML.  This suggests that users involved in car crashes had smoked or ingested the drug shortly before getting behind the wheel, or while they were driving. Money is driving the marijuana industry’s continued push for more states and the federal government to legalize the drug for recreational use although at least half of the marijuana currently sold in the U.S. is on the black market. It was a mistake for America to start down this path and it’s costing people’s lives.

New Cases for the New Term

by · Oct 3, 2025 7:29 am

The U.S. Supreme Court’s term begins Monday. As usual, the court held a conference the Monday before to discuss which cases to take up from the long list that accumulated over the summer. A short list of cases taken was released this morning. A long list of orders from the conference will be released Monday. In past years the opening Monday orders list has typically had a long list of denials and no additional grants. Update (10/6): As expected, the Monday orders list has no additional grants.

Today’s list has five cases taken up, all civil cases, and only one even tangentially related to crime. This continues a disturbing pattern of disinterest in fixing the massive number of precedents in criminal law and procedure that are clearly wrong under the current doctrine of interpreting the Constitution according to its original understanding.

The tangentially related case is Wolford v. Lopez, AG of Hawaii, No. 24-1046. This is a gun control case regarding controlled carry on private property. Three years ago, the Supreme Court issued a major decision regarding the Second Amendment and original understanding (or “text, history, and tradition”) in N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022). Major decisions always involve a lot of detail-filling in the years following. In Wolford, the petitioner asked the high court to review two questions. It took one of them: Continue reading . . .