The Justice Department Quietly Ends Reprosecution of Man Who Received Clemency From Trump
Philip Esformes was sentenced for charges on which a jury hung. After receiving a commutation, the federal government vowed to try to put him back in prison.
Juries
Will Elon Musk's Twitter Sex Jokes End the Administrative State?
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
The Tony Timpa Wrongful Death Lawsuit Against Police Shows Why Jury Trials Are So Important
Trials are incredibly valuable fact-finding tools—particularly when the defendants are public employees.
With 22-Year Sentence, Ex-Proud Boys Leader Enrique Tarrio Pays Hefty 'Trial Penalty'
Plus: New York City's crackdown on short-term rentals, Brazil's UFO investigations, and more...
Ron DeSantis Signs Florida Law Setting Lowest Threshold for Death Penalty Sentences in the Country
Florida will now only require an 8–4 majority for a jury to recommend a death sentence. Alabama is the only other state that allows split juries to recommend death sentences.
Ron DeSantis Says Florida Shouldn't Require Unanimous Juries for Death Sentences
"We can't be in a situation where one person can just derail this," DeSantis told a gathering of law enforcement officials.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases
Unfortunately, in five separate cases today, they're outnumbered.
Adnan Syed's Exoneration Shows How Hard It Is To Free Innocent People
Convincing evidence of his innocence has been available for years. But the criminal legal system prioritizes procedure and bureaucracy over liberty.
A Jury Acquitted Them of Various Charges. They Served Prison Time for Them Anyway.
The Supreme Court may soon consider if acquitted conduct sentencing is illegal.
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
Restoring the Guardrails of Democracy: A Libertarian View
Third post in the symposium on the National Constitution Center "Restoring the Guardrails of Democracy" project. Walter Olson presents the Team Libertarian Report.
He Was Arrested for Promoting Jury Nullification. A Federal Court Says That Was Illegal.
Michael Picard's free speech rights were violated when he was booked for telling passersby to "Google Jury Nullification."
Team Libertarian Report from National Constitution Center "Restoring the Guardrails of Democracy" Project Now Available on SSRN
I coauthored the report with Clark Neily and Walter Olson, both of the Cato Institute.
National Constitution Center Releases Reports on "Restoring the Guardrails of Democracy"
The project includes reports by conservative, libertarian, and progressive teams. I am coauthor of the Team Libertarian report.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
This Innocent Woman's House Was Destroyed by a SWAT Team. A Jury Says She's Owed $60,000.
Such victims are often told they have no right to sue.
A Federal Jury Delivers a Rebuke of FBI Entrapment
The agency’s tactics doomed the prosecution of defendants who allegedly planned to kidnap Michigan's governor.
Prosecution Rests in Ahmaud Arbery Murder Trial
Plus: The View eats its own, NPR ignores a victory for Asian-Americans, and more...
The Second Amendment vs. the Seventh Amendment: The Terminal Decay of the Seventh Amendment and the Revival of the Second Amendment
The Second Amendment right is vibrant and prominent for many citizens. The Seventh Amendment right has shriveled to a husk of its former self.
The Second Amendment vs. the Seventh Amendment: Procedural Rights and the Problem of Incorporation
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states. Procedural rights have failed; not only have they not improved procedures, they have made things worse.
The Second Amendment vs. the Seventh Amendment: The Distinction Between Substantive and Procedural Rights
Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an independent core because they are necessarily embedded in a whole system of legal procedure, and they depend on that system for their meaning.
The Second Amendment vs. the Seventh Amendment: Substantive vs. Procedural Rights; Part 1: Similarities and Differences
Although the affinities between the Second Amendment right to keep and bear arms and the Seventh Amendment right to civil jury trial seem strong, there are crucial differences. The first concerns individual accountability and the ability to understand responsibilities; the second concerns the distinction between substantive rights and procedural rights.
Biden Campaigned on Ending the Death Penalty. His Justice Department Wants To Execute the Boston Marathon Bomber Anyway.
A new brief asks the Supreme Court to reinstate Dzhokhar Tsarnaev’s death sentence.
Detrimental Reliance and Stare Decisis
Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana
Supreme Court Won't Make Ban on Non-Unanimous Jury Convictions Retroactive
Bad news for hundreds of imprisoned defendants in Louisiana and Oregon
Biden Applauds Derek Chauvin Guilty Verdict, Condemns Violent 'Agitators and Extremists'
Plus: An anti-tech crusader could be joining the FTC, threats to free speech at Columbia University, and more...
Derek Chauvin Jury Selection Process Highlights Need to Stop Dumbing Down Juries
The system routinely excludes not only those who might be familiar with a given case, but also those who have relevant background knowledge that might improve the quality of jury deliberations.
A Right to a Speedy Jury Trial? Don't Count On It During the Coronavirus Pandemic.
Courts ignore constitutional guarantees while defendants awaiting trial languish in jail.
Condemned to Death by a Split Jury in Florida
Requiring unanimous juries underscores the gravity of a death penalty sentence.
Originalism and Dual-Track Incorporation
Why an originalist might think the same right can mean different things against the state and federal governments after all
Supreme Court Rules Non-Unanimous Jury Verdicts in Criminal Cases Unconstitutional
A 50-year-old precedent was tossed, which caused three justices to dissent.
Divided Appeals Panel Slaps Federal Judge for Allowing Jury Nullification Defense
Jurors remain free to exercise judgment and mercy in a criminal justice system that often lacks both.
SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
The Second and Sixth Amendments
If a state criminal conviction leads to denial of gun rights under state law (not just federal law), the defendant must be given the option of a jury trial, rules the Nevada Supreme Court.
Scott Daniel Warren Is Free (for Now) After Jury Can't Reach Verdict on Charges for Aiding Migrants
Plus: Amash says the "two-party system is hurting America," Zuckerberg gets deepfaked, Wonkette's lame defense of Harris, and more...
Unanimous Juries and Incorporation of the Bill of Rights
Unanimous juries (like the ban on excessive fines) might be an easy case; but at some point we will need a theory.
New York's Top Court Rules Immigrants Are Entitled to Jury Trials for Crimes that May Lead to Deportation
Many face getting tossed out of the country for minor crimes. This ruling could result in big changes.
Federal Judge Advocates Jury Nullification After Being Shocked by Overzealous Child Pornography Prosecution
It just makes sense to let jurors know about their already established power to exercise discretion over bad laws and ill-considered prosecutions.
Louisiana Voters May Dump Rule Allowing Convictions Without Unanimous Verdicts
End of a Jim Crow-era law a potential win for jury nullification.
Jurors Convict Man for Telling Jurors About Jury Nullification
Handing out pamphlets gets treated as a crime.
How Jury Duty Almost Turned Me into an Anarchist
Metal detectors, fire evacuations, Stalinist architecture, and ideological grilling, all in one day!