by Kent Scheidegger · Oct 25, 2021 1:51 pm
The U.S. Supreme Court had scheduled two murder cases, both involving defendants named Ramirez, for argument on November 1. Last Friday, however, the Court bumped them and scheduled arguments on the controversial Texas abortion law for that date. Yes, Virginia, there really is a Supreme Court issue more controversial than capital punishment. Continue reading . . .
by Kent Scheidegger · Oct 25, 2021 10:43 am
Is the Federal Death Penalty Act’s evidence provision unconstitutional? Does the defendant have a constitutional right to introduce evidence of marginal probative value outweighed by other considerations, which the statute says the trial judge may exclude?
These are the surprising implications of the defense argument in the Boston Marathon Bomber case, argued in the U.S. Supreme Court October 13. I suppose if you are defending the indefensible you have to argue something. But it is surprising when a lawyer barely mentions the primary ground of the decision she is asking to have affirmed. Continue reading . . .
by Michael Rushford · Oct 25, 2021 10:29 am
Pigs were seen flying over San Francisco last weekend as the campaign to recall uber-progressive District Attorney Chesa Boudin turned in 83,487 signatures to county officials last Friday. Evan Symon of the California Globe reports that 51,325 signatures are required to put the recall on the ballot, which leaders of the Safer SF Without Boudin say is now nearly a certainty. “It says a lot about the anger and the fear that San Franciscans have about what’s going on in the community,” said the Co-chairwoman of the group. Boudin’s tenure as District Attorney has been marked by skyrocketing crime, including shootings, while his office has chosen not to prosecute thousands of offenders arrested for theft, drugs, assault and burglary.
by Kent Scheidegger · Oct 22, 2021 9:49 am
Spam is mostly a pain in the gluteus maximus, but every once in a while it furnishes some amusement. I got this gem in my inbox this morning.
I’m emailing you today because I noticed James H wrote a bad review for your company, U.S. Department Of Justice on Google. I don’t think it’s a fair review and I want to help you remove it and others from Google, Avvo, Yelp, and other review sites. We built our company, Dandy, with the sole purpose of helping law firms remove unfair bad reviews … Continue reading . . .
by Kent Scheidegger · Oct 21, 2021 2:26 pm
Jason Riley has this column in the WSJ pointing out a problem that does not get enough attention. When crime rates go up, the added crimes hurt people of modest means much more than they hurt the affluent. That is a substantial part of why soft-on-crime policies get the greatest support on the ends of the socio-economic spectrum — the criminals themselves and the affluent who are little affected by them — while those more affected by crime tend to support stronger measures. Continue reading . . .
by Michael Rushford · Oct 21, 2021 11:20 am
“A recent poll from Morning Consult/Politico found that 78 percent of voters believe that violent crime is a major problem in the United States, and nearly as high a percentage thought that the problem is getting worse,” as noted by Josh Crawford and Abigal Hall of the Pegasus Institute. Their piece in Real Clear Policy points out that while media attention regarding violent crime and homicide is focused on large cities such as New York, Chicago and Los Angeles, “it’s midsize cities in the middle of the country which have seen the largest increases in violent crime. Murder has exploded in Minneapolis, Milwaukee and Birmingham, for example – but perhaps no city better illustrates this reality than Louisville.”
by Michael Rushford · Oct 21, 2021 10:24 am
Violence against police officers has accelerated over the past several years. Rick Sobey of the Boston Herald reports that so far this year, 59 police officers have been murdered in the line of duty, a 51% increase from over the same period in 2020. For all of last year, 46 police officers were murdered. Most of the officers were killed while responding to domestic calls (29.6%), while over 16% died while attempting an arrest and 8.4% died during traffic stops or pursuits. FBI data indicate that murders of police over the first three quarters of 2021 are more than for the four full years since 2016, and are on pace to exceed the 72 officers murdered in 2011. The FBI Special Agent in Charge in Boston told reporters, “the percent of unprovoked attacks (on officers) has significantly risen…The unprovoked attacks, combined with pursuits, tactical situations and ambushes, have been the cause for 74% of the felonious deaths so far this year. In 2020, those four circumstances represented 28% of the deaths.” More than 60,000 officers were assaulted last year which is over 4,000 more assaults than in 2019. Of that number 18,568 were injured. Protecting the public with a target on your back is increasingly dangerous for those willing to risk their lives on our behalf.
by Bill Otis · Oct 21, 2021 8:24 am
In a word, no.
In ten words, ominous FBI surveillance like this would make Richard Nixon blush.
Clark Neily of the libertarian Cato Institute and I often disagree — about drug legalization, police behavior and prosecutorial power. But we found it easy to collaborate on an op-ed about Merrick Garland’s memo enlisting the power of the federal government to intimidate parents who voice emphatic dissent at local school board meetings.
by Michael Rushford · Oct 18, 2021 11:34 am
Virginia Senator Joe Morrissey (D. Richmond) plans to introduce a bill in 2022 that will restore parole to make violent criminals, including murderers, eligible for release from prison after serving 15 years of less. Attorney Hans Bader writes in Liberty Unyielding that the Democrat majority in Virginia’s House of Delegates and in the Senate almost assures passage. Gubernatorial candidate Terry McAuliffe has indicated that he would support efforts to restore parole if elected next month.
by Bill Otis · Oct 18, 2021 7:57 am
There has been a loud campaign for years now, led by a number of libertarians and some liberals, to end qualified immunity for the police. The gist of their argument is that police who behave properly don’t need it, and the others shouldn’t have it. Their legal hook is that QI is a “judge-created doctrine” with no anchor in the text of the Constitution (that the Left gets that one out without choking has to be a source of no little wonderment).
Kent has briefly and persuasively dispatched this argument before, and the Supreme Court was having none of it today, reversing two lower court cases that had refused to grant QI to police. When, as in these cases, the anti-police side can’t even get Justice Sotomayor, you know it’s time for them to move on (which they’re not about to anyway).
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