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Jury Nullification: A Crucial Check on Government Power

The power of government in everyday American life cannot be overstated. In the criminal justice setting, the government is essentially all-powerful. When accused of a crime, a citizen faces arrest at the hands of armed police, incarceration in government-owned jails (for the most part), and prosecution by government-funded prosecutors in courtrooms overseen by government-paid judges.

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After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned

Fred Steese spent 21 years in prison for a murder that he did not commit. He was granted an Order of Actual Innocence in 2012 but was released from prison only upon entering an Alford plea—not admitting guilt but acknowledging that there is sufficient evidence to prove the charges. After entering the plea demanded by

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Georgia Supreme Court Reverses Mutually Exclusive Guilty Verdicts

The Georgia Supreme Court answered an unusual, yet significant, question on December 11, 2017. Can a conviction that requires proof that a rental car was stolen outside of the state coexist with a conviction that requires proof that the same car was stolen in the state? Both a trial court and an appellate court said

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Louisiana Indigent Defendants Face Death Penalty Without Lawyers

The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. To fund local public defenders, the state has taken $3 million from capital defenders, leaving at least 11 Louisiana defendants who are facing the death penalty without a lawyer. New Orleans Chief Defender Derwyn Bunton’s decision to

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Questioning the Use of DNA Testing Software in Criminal Prosecution

The use of DNA evidence in criminal trials has become ubiquitous. Because DNA evidence is highly persuasive to judges and juries, several new tests purport to make positive DNA matches using minuscule amounts of matter or even matter that has been polluted. As defense attorneys push back on these new methods, they are running into

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Research Needed: Do Drug Dogs Respond to Drugs or Handler?

The use of drug-detecting dogs in law enforcement is ubiquitous across the country. They are a popular tool among police agencies because a drug dog’s “alert” provides the probable cause necessary to legally search a vehicle without a warrant or permission. But are these alerts a response to the smell of illegal drugs or a

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Civil Asset Forfeiture: Unfair, Unjust, Un-American

Founding Father George Mason once said, “When the same man, or set of men, holds the sword and the purse, there is an end of liberty.” Mason, along with many other founders of the United States of America, believed strongly in the separation of government powers. These men knew firsthand the potential for abuse and

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