Qualified Immunity Meets the Takings Clause

A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel’s property.

Government officials should not be allowed to escape liability for constitutional violations by relying on the bogus, judicially invented doctrine of qualified immunity. 

https://reason.com/volokh/2023/06/28/qualified-immunity-meets-the-takings-clause/

Russian Opposition Leader Vladimir Kara-Murza’s Powerful Final Statement to the Court

He made it prior to being sentenced to 25 years in prison for speaking out against Vladimir Putin’s war on Ukraine.

…our society will open its eyes and be horrified by what terrible crimes were committed on its behalf. From this realization, from this reflection, the long, difficult but vital path toward the recovery and restoration of Russia, its return to the community of civilized countries, will begin.

https://reason.com/volokh/2023/04/17/russian-opposition-leader-vladimir-kara-murzas-powerful-final-statement-to-the-court/

Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car

The Institute for Justice says Robert Reeves’ First Amendment rights were violated when prosecutors filed and refiled baseless felony charges against him after he sued to get his car back.

“They’ve taken my car and tried to throw me in jail, but I’m still standing,” Reeves said in the Institute for Justice press release. “I’m not going to take the county’s threats sitting down. This isn’t about money or payback. This is about making sure the county can’t do this to anyone else.”

https://reason.com/2023/03/10/lawsuit-prosecutors-filed-bogus-charges-against-detroit-man-in-retaliation-for-challenging-seizure-of-car/

Rampant Plea Bargaining Is a Raw Deal for Defendants

A new report details how plea bargaining can hurt defendants and warps the justice system.

“Challenges to police misconduct are typically resolved through pretrial litigation, but the death of the trial has also increasingly meant the death of pretrial litigation, including those hearings that would bring to light police misconduct,” the report states. “Trial and pretrial litigation are essential for holding police and other state actors accountable, and plea bargaining has eroded these systems of accountability.” Moreover, many “defendants are often denied discovery, including exculpatory evidence, before they make the decision to plead guilty.”

https://reason.com/2023/03/10/rampant-plea-bargaining-is-a-raw-deal-for-defendants/

The U.S. Probation System Has Become a Quagmire

What was originally intended as an alternative to incarceration has become a system for mass state control.

“It’s a fear that never leaves you. You could be plucked from society at any moment for being in the wrong place at the wrong time.”

https://reason.com/2023/01/26/the-u-s-probation-system-has-become-a-quagmire/

Freedom Denied Part 1: How the Culture of Detention Created a Federal Jailing Crisis

In 1987… just 29% of people charged with federal crimes were jailed before trial; the rest were released back to their families. But today, pretrial jailing has become the norm, and we conclude that “the culture of detention” is to blame:

https://reason.com/volokh/2023/01/09/freedom-denied-part-1-how-the-culture-of-detention-created-a-federal-jailing-crisis/

Congress Misses Another Chance To Correct Blatantly Unjust Crack Penalties

The legal distinction between the smoked and snorted forms of cocaine never made sense.

As Senate Minority Leader Mitch McConnell (R‒Ky.) saw it, Garland’s memo usurped congressional authority by shielding crack defendants from mandatory minimum sentences. So instead of asserting that authority by rectifying a blatantly unjust penalty scheme, Congress has once again kicked the can down the road.

https://reason.com/2022/12/21/congress-misses-another-chance-to-correct-blatantly-unjust-crack-penalties/

Aaron Dean’s Conviction Suggests What It Takes To Hold Cops Accountable for Wrongly Using Deadly Force

The former Forth Worth officer shot Atatiana Jefferson through a window of her home. He said he thought she was a burglar.

Aaron Dean’s conviction and sentence show that cops can be held accountable when they kill someone for no good reason. But the counterexamples suggest that many jurors are inclined to accept almost any excuse that highlights the hazards of the job, even when those hazards are imaginary.

https://reason.com/2022/12/21/aaron-deans-conviction-suggests-what-it-takes-to-hold-cops-accountable-for-wrongly-using-deadly-force/

DEA Seizes Record Amounts of Fentanyl in 2022

The iron law of prohibition states that, all things being equal, as enforcement ramps up, smugglers prefer higher potency forms of a drug for the same reason those who sneak alcohol into a football game prefer hard alcohol in flasks to 12‐​packs of beer. The lethal logic of the iron law of prohibition means that we cannot enforce our way out of the opioid crisis. And if fentanyl smugglers become somehow easy to catch, there’s always carfentanil, which is about 100 times more potent than fentanyl and has already been showing up in America’s drug supply.

https://www.cato.org/blog/dea-seizes-record-amounts-fentanyl-2022

A Law-and-Order Agenda Must Include Prison Reform

According to the Federal Bureau of Prisons, 2.5 percent of inmates are serving life sentences; that means 97.5 percent of all federal inmates will eventually be released. Our prisons must effectively prepare inmates for release, which includes the bare minimum of protecting them from violence, but also providing them the resources they need to turn their lives around.

https://www.nationalreview.com/corner/a-law-and-order-agenda-must-include-prison-reform/