I've always thought that "possession" was an odd type of crime. Legal possession is such a passive concept. It doesn't seem right to even call it a behavior. I'm pretty sure you can be guilty of possessing contraband even when you are literally asleep in bed. That just doesn't sound harmful enough to justify punishment.And consider what happens if the police bust you for … [Read more...] about The Crime You Dare Not Stop
Racism Detected In Ferguson
New York Times reporter Matt Apuzzo says that the Justice Department's investigation into the Ferguson, Missouri police has found extensive racial problems:Police officers in Ferguson, Mo., have routinely violated the constitutional rights of the city’s black residents, the Justice Department has concluded in a scathing report that accuses the officers of using excessive … [Read more...] about Racism Detected In Ferguson
The Tyranny of the Well-Meaning
Jack Marshall has proclaimed yesterday “Remember What Drugs Cost Society Day” in honor of actor and comedian John Belushi, who died of a drug overdose in 1982. It's worthwhile to remember the dead, and it's important not to forget that recreational drug use can lead to tragedies. Had Jack left it at that, I wouldn't have any objection, but Jack can't leave it at that. The … [Read more...] about The Tyranny of the Well-Meaning
It’s Probably More of a Dingy Gray…
When I read Spencer Ackerman's story in the Guardian about a Chicago Police "black site" right here in the city -- where CPD supposedly keeps people in secret to interrogate them without access to a lawyer -- I was skeptical. Scott Greenfield is too: How is it possible that this off-the-books facility existed for so long, and yet nobody, no lawyer, no judge, raised its … [Read more...] about It’s Probably More of a Dingy Gray…
Return to the Planet of Reasonable Doubt
Over at a public defender, Gideon has posted his second attempt to create a jury instruction for the meaning of "reasonable doubt," based on feedback he got from his first attempt, which has a lot of interesting comments.The discussion is far too technical for me to contribute to, for reasons that Scott Greenfield spells out when describing an attempt he was involved … [Read more...] about Return to the Planet of Reasonable Doubt