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Windypundit

Classical liberalism, criminal laws, the war on drugs, economics, free speech, technology, photography, sex work, cats, and whatever else comes to mind.

The Tyranny of the Well-Meaning

March 2, 2015 By Mark Draughn Leave a Comment

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…

February 25, 2015 By Mark Draughn 6 Comments

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

February 22, 2015 By Mark Draughn Leave a Comment

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

Reviewing the Charges Against the Bronx Defenders

February 16, 2015 By Mark Draughn 2 Comments

Professor Jonathan Oberman from the Cardozo School of Law has a great opinion piece in the New York Law Journal about the two lawyers who were forced to resign as a result of the Bronx Defenders' "Hands Up" kerfuffle. These lawyers are smart, committed and hardworking, and have earned their clients', their community's, and this city's trust as a consequence of their dedication … [Read more...] about Reviewing the Charges Against the Bronx Defenders

Why Are Grand Juries So Secret?

February 6, 2015 By Mark Draughn 2 Comments

I've been trying to understand why grand jury secrecy works the way it does, and there are parts of it that just don't make sense to me. At a fundamental level, the idea of the government telling people there's stuff they can never, ever talk about just doesn't seem right. Our right to free speech isn't absolute, but there usually has to be a pretty good reason for an … [Read more...] about Why Are Grand Juries So Secret?

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