Crime and punishment roundup

  • “Lawmakers must act now to close New York’s double jeopardy loophole,” claims New York Attorney General Barbara Underwood. Its what? [Kenneth Lovett/New York Daily News, Jacob Sullum/Reason, Jed Shugerman/Slate (defending closing of “loophole”), Jonathan Blanks on Twitter, earlier]
  • Speaking of pardon powers, Debra Saunders quotes me in column on Presidential pardons, Martha Stewart, Rod Blagojevich, Marc Rich, etc. [Las Vegas Review Journal/syndicated]
  • “California Town Hired Private Law Firm to Sue Citizens, Then Tried to Conceal Massive Costs” [Scott Shackford, earlier on Indio, Coachella, etc.] Bill passed by California assembly “would put an end to a practice in which several cities have been contracting with private prosecutors to handle nuisance abatement cases, then billing the impacted citizens thousands in lawyers’ fees.” [same]
  • “In light of the [Aaron] Persky recall, here are some studies on the impact of elections on judicial behavior. The story is consistent: elections make judges harsher, and there may be other costs as well (like lower-skilled people becoming judges).” [John Pfaff Twitter thread, earlier here, here, and here]
  • “CBP Sued For Seizing $41,000 From Airline Passenger, Then Refusing To Give It Back Unless She Promised Not To Sue” [Tim Cushing, TechDirt]
  • Even when suspects are in fact guilty, lies told to justify searches “corrupt the law in order to enforce it. That’s not how policing is supposed to work.” [Jonathan Blanks on Joseph Goldstein, New York Times investigation of police perjury (“testilying”)]


  • Re: Testilying—what are the remedies? Officer Martinez won’t be prosecuted., and he probably won’t lose his job (although his lying will be Brady material in subsequent cases). Hmmmm–should defense counsel make standard motions for disciplinary materials involving dishonesty? And let’s think about the cases in which Martinez was a part after the statement—since he knew he was lying, that’s in and of itself Brady material and should have been disclosed. And, if the other cops were there and didn’t correct Martinez’ misstatements, isn’t that Brady material also?

  • I swear to god our political class is getting dumber and dumber by the second. Hey lets bring double jeopardy back for our political opponents. Like there is no way this could ever bite them in the ass when they are out of power. Absolutely no downside to closing this “loophole”.

    • The only thing more repellent and mendacious than state attorneys who push for more “tools” to prosecute disfavored people is the legislators who go along with it.

  • Ah look at the fun in Chicago . . . . .

    The ethics issues raised here are amazing.