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Crime, Policing and Justice
50 posts, newest first (page 2 of 3).
Gonzales v. Raich and the Marijuana Case That Split Conservative JusticesRaich let Congress ban homegrown medical marijuana that never crossed a state line, and the Court's conservatives divided over it. Should a Dealer Who Sells a Fatal Dose Be Charged With HomicideDrug-induced homicide laws treat a sale that kills as a killing, and conservatives disagree about whether that is justice or overreach. Oregon Decriminalized Hard Drugs in 2020 and Reversed Course in 2024Oregon's Measure 110 was the boldest drug experiment in America, and the state's own legislature unwound it. Should Conservatives Support Drug Legalization? Both Sides Make Their CaseConservatives split on drugs between liberty and social order, and the question deserves a fair hearing before a verdict. They Say Shoplifting Is a Victimless Crime, So Ask the Clerk and the BlockThe claim that shoplifting only hurts insured corporations collapses once you follow who actually pays. Organized Retail Theft Is a Business Model, Not a Cry for HelpTheft rings run on boosters, fences and online resale, so prosecutors should treat them as the commercial enterprises they are. What California's Proposition 47 Changed and What Proposition 36 UndidProp 47 made many thefts and drug possession offences misdemeanors in 2014. Prop 36 restored felony options for repeat offenders in 2024. A Crime Victim Belongs in the Courtroom, Not Out in the HallwayThe person a crime was done to deserves a voice at the plea and sentencing hearing, and the Supreme Court came around to that view in Payne v. Tennessee. The Victims' Rights Movement Began With a 1982 Presidential Task ForceModern victims' rights law grew from President Reagan's 1982 task force, which said the system had forgotten the people it serves. The history in order. What Happens Legally After You Defend Yourself, Twelve QuestionsTwelve general questions on what follows a self-defense incident: police, charging, immunity hearings and civil suits, and why a lawyer comes first. Stand Your Ground Versus Duty to Retreat, Compared Rule by RuleStates split on whether you must retreat before using deadly force in public. A rule-by-rule comparison shows why stand your ground has the better argument. A Man's House Is His Castle, and the Castle Doctrine Is Older Than AmericaThe castle doctrine is no modern invention. It runs from Coke's report of Semayne's Case in 1604 through Blackstone and the Fourth Amendment to state statutes. Qualified Immunity Explained, From the 1871 Klan Act to Today's FightsQualified immunity is a judge-made shield on a Reconstruction statute that never mentions it. How it grew and why conservatives split. Myths About Police Use of Force That Survive Every Viral VideoA forty-second clip rarely shows the law officers follow. Seven claims about police force, tested against Graham v. Connor, Tennessee v. Garner and training. Tennessee v. Garner and the End of the Old Fleeing Felon RuleTennessee v. Garner ended the old rule letting officers kill any fleeing felon. The history shows why it had to change and where the Court drew the line. Graham v. Connor and the Officer's View in a Split SecondGraham v. Connor says police force is judged by a reasonable officer on the scene, not by hindsight. Here is the case, its three factors, and its critics. Why Cities Cannot Hire Enough Police Officers, and What Would Fix ItPolice staffing shortages come from choices about pay, pensions, legal exposure and respect. Here is how the hiring pipeline leaks and how cities can mend it. Broken Windows Turns Forty-Plus, and What Wilson and Kelling Actually WroteThe 1982 essay behind broken windows policing has been misdescribed ever since. Here is what it said, what New York did with it, and what the record supports. How to Read Your District Attorney's Record Before You VoteMost voters pick a prosecutor by party label. A step-by-step guide to the policy memos, reports, court data and budgets that show what the office does. Prosecutorial Discretion Has Limits, and Blanket Non-Prosecution Crosses ThemChoosing which cases to bring is ordinary discretion. Announcing that whole categories of law will go unenforced is a veto the office never had. Three Ways to Decide Who Waits for Trial in Jail, Side by SideMoney bail, algorithmic risk scores and judicial detention hearings each fail differently. A table compares them on safety, cost, due process and transparency. The Case Against Cashless Bail Starts With the Victim, Not the DefendantBail laws that bar judges from weighing danger get detention backwards. Here is the argument, the best reform case, and a better answer in detention hearings. Excessive Bail Shall Not Be Required, and What the Founders Meant by ItThe Eighth Amendment bars excessive bail, and the Founders paired bail with a power to hold the dangerous. Read the clause, the history and the cases. Seven Things Crime Statistics Cannot Tell You, and Two Things They CanBoth parties misuse crime data. Test seven popular claims against how the numbers are built, and learn the two kinds of evidence that hold up best.
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