Showing posts with label judges. Show all posts
Showing posts with label judges. Show all posts

Andrew Napolitano: Is The FISA Court Constitutional?

A court where only one party can make an argument.     After President Richard Nixon left office in 1974, a bipartisan congressional investigation discovered many of his constitutional excesses. Foremost among them was the use of FBI and CIA agents to spy on Americans in violation of federal law and the Fourth Amendment to the       ... MORE

Samuel Darrett: Avoid Judicial Intimidation

You can judge both the facts and the law.    While many opinions have been expressed about the jury acquitting Zimmerman, there is one aspect of the trial that has not been fully delineated, namely the judge's instruction to the jury. What the judge tells the jury usually determines the verdict. Sad to say many jurors, who are unaware of why     ... MORE

Sen. Rand Paul: Minimizing Authority Of Judges

The case against mandatory minimums.       I, like anyone else, whether a member of Congress or a parent, am concerned with the well-being of our children. We all want to keep our families and our communities safe. We want to see violent predators and criminals put behind bars and punished for the harm they do to others and to. ... MORE

Can Judges Overrule Free Speech When Criticized?

Conservatives, liberals and media advocates say no.  A group of free-speech advocates is rallying behind an Indiana inmate serving two years for his online rants against a judge who took away his child-custody rights during a divorce case. There’s no disputing that Daniel Brewington’s words were strong and angry -- found in hundreds of emails over ... MORE

Jury Nullification Gaining Influence In Criminal Trials

by Ryan Conley.   The power of jury nullification has gained recognition, acceptance, and wider use in recent years, and has the potential to profoundly affect the application of criminal justice in the United States. Jury nullification allows juries to acquit defendants who are guilty as charged, but who they believe do not deserve to be punished.    ... MORE

Juror In Cannabis Nullification Case Speaks Out!

Doing justice, not merely law enforcement.  As reported earlier, a NH jury has found a man not guilty of growing cannabis in the first-ever (that I know of) use of jury nullification in NH! Now one of the jurors, who happens to be a Free State Project participant, Cathleen, is speaking out. Below is her written statement about her experience on the  ... MORE

New Hampshire Jury Exercises Its Nullification Powers

Empowered jury just says 'no' -- to the law.     In a developing story that has hit Reason.com, an NH jury has acquitted a man facing a felony for growing cannabis! It’s our first real-life case of jury nullification here in NH and the jury nullification law hasn’t even gone into effect yet. Kudos to the judge for reading a fair and easy-to-understand jury  ... MORE

Jury Nullification Can Highlight Flaws In The Law

by Bob Egelko. The case of William Lynch, who admitted beating a priest in retaliation for a sexual assault 35 years earlier, was a classic example of jury nullification - jurors' power to acquit a defendant based on their sense of justice or subjective feelings, rather than the law's definition of guilt or innocence. Juries used that power in 1670 to free William Penn ... MORE

The Economist: Jury Nullification Rights In New Hampshire

The "live free or die" state chooses the former. Before I dive into the subject of this post, let me warn you that it has absolutely nothing to do with John Roberts, the commerce clause, cultivated crops of the Brassica oleracea species or how Americans get their health care. In honour of independence day (which I'm spending indoors revelling in the one  ... MORE

Richard Epstein: Term Limits For Judges

Why should politicians in robes be treated differently?     In Federalist No. 78, Alexander Hamilton famously argued that the federal courts were “the least dangerous” branch of government. What he did not understand was that they also proved, over time, to be the worst constructed. The problems here start at the top and work their way down to the  ... MORE