Criminal Justice

Did the Government Drive Aaron Swartz to Suicide?

by
In Les Misérables, an obsessed French police officer, Javert, relentlessly pursues Jean Valjean, a man who represents no danger to society but whose minor infraction brought down the wrath of the brutal government, including 19 years of hard labor and lifetime parole. America, too, has its Javerts. Zealous and ruthless federal prosecutors have the power to torment people for trivial ... [click for more]

Social Engineering through Criminal Law

by
Stealth defines the statist who seeks to channel all human conduct as he thinks best. Such external human controls upon personal action represent the antithesis of liberty. This essay explicates a particularly surreptitious and dangerous means currently employed to dominate and command free men who attempt to act freely. Contrary to the essential statist doctrine, men and women who believe in ... [click for more]

Prison Inservitude

by
The United States Constitution recognizes American prisons as forced-labor camps. The Thirteenth Amendment, enacted in 1865 to outlaw slavery and involuntary servitude, includes an exception. It reads, Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their ... [click for more]

Book Review: Unequal Justice

by
With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful by Glenn Greenwald (New York: Metropolitan Books, 2011), 304 pages. In August, something incredible happened: a three-judge panel of the Seventh Circuit Court of Appeals, in a split decision, allowed a lawsuit seeking monetary damages to proceed against former Defense ... [click for more]

Forgotten Lessons from the D.C. Sniper Rampage

by
A decade ago, the Washington, D.C., area was traumatized by two guys who rode around shooting people from the trunk of their ancient Chevrolet Caprice. John Allen Muhammad and Lee Boyd Malvo have long since been convicted, and Muhammad was executed for the killings. But the media’s reaction to the official follies during that time should remind Americans to ... [click for more]

The Murder of Mary Pinchot Meyer

by
In early 1976 the National Enquirer published a story that shocked the elite political class in Washington, D.C. The story disclosed that a woman named Mary Pinchot Meyer, who was a divorced spouse of a high CIA official named Cord Meyer, had been engaged in a two-year sexual affair with President John F. Kennedy. By the time the article ... [click for more]

Manufacturing Racism?

by
On February 26, a 17-year-old black youth named Trayvon Martin was walking at night in an area where he had every right to be. A self-appointed captain of the neighborhood watch named George Zimmerman found the unarmed Trayvon “suspicious” even though the youth was not engaged in criminal activity and none has since been alleged. Zimmerman tailed Trayvon, calling the ... [click for more]

A Vanishing Miranda

by
One of the few rights prisoners do not give up upon incarceration is that of due process. At least, this used to be the case. On February 20th, in Howes v. Fields, the United States Supreme Court ruled that prisoners do not have the right to be Mirandized even when being questioned about events outside the prison. For the ... [click for more]

With Freedom and Justice for Some, Part 2

by
Part 1 | Part 2 Revealingly, the central function of the Constitution as law — the supreme law — was to impose limitations not on the behavior of ordinary citizens but on the federal government itself. The government, and those who ran it, were not placed outside the law, but expressly targeted by it. Indeed, the ... [click for more]

With Freedom and Justice for Some, Part 1

by
Part 1 | Part 2 As a litigator who practiced for more than a decade in federal and state courts across the country, I’ve long been aware of the inequities that pervade the American justice system. The rich enjoy superior legal representation and therefore much better prospects for success in court than the poor. The powerful ... [click for more]

The Long History of Entrapment Insanity

by
America has seen a profusion of entrapment schemes in recent years. Many of the most high-profile domestic-terrorism cases have been ginned up by FBI agents who preyed on persons who had little competence for creating perils on their own. The explosion in entrapment operations is partly the result of a profound shift in the type of abuses that courts ... [click for more]

Police Nondisclosure Rises to a New Low

by
KOMO News reports (Jan. 4) that the City of Seattle is taking an attorney to court because he requested public records. The legal tug-of-war that will almost certainly ensue has national importance, not only because the lawsuit sets a precedent, but also because it is part of the city’s resistance to a Department of Justice (DOJ) attempt to rein ... [click for more]
Page 2 of 3123