Supreme Court Decides Two Change-in-Law Questions

by · Jun 14, 2021 8:00 am

The Supreme Court decided two cases today dealing with how to address existing cases when the law changes. Greer v. United States, No. 19-8709, addresses the situation where the defense lawyer does not object at trial, because the law seems settled at the time, but the Supreme Court later decides to the contrary. Terry v. United States, No. 20-5904, addresses which inmates convicted prior to the First Step Act can get their sentences for crack cocaine offenses reduced. Continue reading . . .

Should Cities Use Mounted Police?

by · Jun 13, 2021 2:39 pm

The police have long since become the favorite punching bag of BLM, Antifa and, of course, liberal mayors and “progressive” DA’s.  The complaint is that cops are “overmilitarized,” insufficiently accountable, and too ready to use force, among other things.  I have not yet heard specifically an attack on the idea of mounted police, but you don’t have to be a genius to know it’s coming:  The use of horseback policing is too intimidating and too likely to panic the ubiquitous “mostly peaceful” protester.

On the other hand, a sufficiently amiable stallion might be able to get this dour opinion turned around.

Continue reading . . .

Crime and Violence Surge in Baltimore: Business Owners Have Had Enough

by · Jun 11, 2021 1:51 pm

Many of the cities that have progressive District Attorneys are experiencing high spikes in crimes and criminal behavior  encouraged by policy changes that have reduced the consequences for crimes. The Baltimore Sun has this story on the response of many business owners to the lack of action being taken by city officials to address unacceptable levels of crime. “More than 30 business and restaurant owners in Fells Point are threatening to withhold taxes if city leaders do not address crime, trash and other issues they say are plaguing the waterfront neighborhood.” These issues include drug sales out in the open areas of the city and public drinking. The business owners have stated in a letter to the city that there needs to be more regulation and consequences for the crimes being committed. 

Continue reading . . .

Fractured Supreme Court Cripples Armed Career Criminal Act

by · Jun 10, 2021 7:27 am

The U.S. Supreme Court today issued a fractured decision that will severely limit the provision of the Armed Career Criminal Act that allowed the federal government to put away habitual felons who commit three violent felonies.

Definitions of crimes generally require both a bad act and a bad state of mind. For many violent crimes in many states, the bad state of mind may be either intentional or reckless. In deciding whether a prior conviction is for a violent crime, the Supreme Court looks only at the definition, not the actual facts of the crime.

Under today’s decision in Borden v. United States, No. 19-5410, violent crimes that could possibly be committed recklessly will no longer be considered “violent” for ACCA purposes no matter how clearly intentional the crime was in the actual case.

There is no majority opinion providing a coherent rationale for this appalling result. Continue reading . . .

“Building Trust” in the Police through Non-Enforcement Is Also Baloney

by · Jun 9, 2021 6:55 pm

In my last entry, I noted that the routine, caustic phrase pasted on the United States by “criminal justice reformers”  —  “incarceration nation”  —  is hogwash.  Ninety-nine and a-half percent of the population is not incarcerated, and the fraction of one percent who are generally did quite a bit to earn it.

I now want to address another whooper told by the reformers:  That the police can “build trust” in the community by taking a more relaxed attitude toward crime, and generally by “de-escalating” enforcement.  This argument is all the rage in faculty lounges in Palo Alto, New Haven, Cambridge, etc.  But, as the Baltimore Sun tells us, it’s anything but the rage with the actual communities that have been the unwilling experimental rats of dumbed-down policing.

Continue reading . . .

Murderer to be Tried as a Juvenile Years After Conviction Under Proposition 57

by · Jun 8, 2021 2:23 pm

MyNewsLA has this story on Kevin Orellana, an 18-year-old who was murdered by two brothers in 2013 while playing handball at Reseda’s Cleveland High School. Orellana was approached by Anthony and Michael Carpio, both identified as gang members. Michael was hitting and fighting Orellana when Anthony began stabbing him as a gang challenge. Anthony, who was 16-years-old at the time stabbed Orellana 10 times in his head and neck, from behind, leading to his death.

Continue reading . . .

The “Incarceration Nation” Narrative Is Pure Baloney

by · Jun 8, 2021 1:18 pm

One of the most unfortunate features of the national discussion about criminal justice is that the vocabulary in which it’s conducted has been hijacked and tortured beyond recognition by the “reform” forces.  How many of their articles start out by blasting the United States as “incarceration nation” and then go on to heap yet more scorn on America, the “carcereal state”?  You can’t look through “reform” literature for five minutes without getting beaten over the head with this stuff.

Only one problem.  It’s bunk.

Continue reading . . .

Supreme Court Takes Up Surveillance Case

by · Jun 7, 2021 7:27 am

The U.S. Supreme Court today took up a case on the relationship between the Foreign Intelligence Surveillance Act (FISA) and the common law “state secrets” privilege. The Ninth Circuit had held that the procedures in FISA regarding deciding the legality of surveillance displace the traditional privilege. The case is FBI v. Fazaga, No. 20-828. The government’s petition for certiorari is here. Continue reading . . .

Governor Newsom Releases More Violent Criminals

by · Jun 4, 2021 12:01 pm

Katy Grimes from The California Globe has this story covering Newsom’s announcement on May 28th, “[He} granted 14 pardons, 13 commutations and 8 medical reprieves – for murderers, bank robbers, armed robbers, kidnappers, killers for hire, drivers of get-away-cars for murderers, and assaulters with firearms.” Yet again we are looking at the release of criminals who have been convicted of heinous, violent crimes that would lead any reasonable person to believe pose a threat to the safety and security of the community in which they are released into. 

Continue reading . . .

Arrested for Supporting a Vigil

by · Jun 4, 2021 9:14 am

HONG KONG—Police arrested two people they accused of using social media to promote a banned candlelight vigil commemorating the victims of the 1989 Tiananmen Square massacre, an annual event that is now seen as testing the limits of China’s crackdown on dissent.

Elaine Yu has this story in the WSJ. Continue reading . . .