February 19, 2024
If I had to answer the question in the title of this post in the briefest possible way, I would say: not usually. But there’s a lot of uncertainty and […]
July 31, 2023
Law enforcement officers can’t cite every jaywalker, stop every speeder, and arrest every underage drinker, nor would most people want them to do so. Wisely exercising discretion is an important […]
July 3, 2023
The Supreme Court just concluded its Term with blockbuster decisions on affirmative action, free speech, and student loan forgiveness. But criminal law practitioners should be aware of a less-ballyhooed case […]
January 14, 2020
In this blog post from 2012, Professor Jessica Smith summarized Rules of Evidence 101 and 1101, which together dictate that the rules of evidence apply to “all actions and proceedings […]
January 10, 2019
Jonathan wrote last month about reform-minded sheriffs in North Carolina and the actions they can and cannot take with respect to enforcement of federal immigration laws. Reform-minded prosecutors also have […]
May 1, 2017
Prosecutors have wide discretion to decide how to charge defendants. In exercising that discretion, a prosecutor certainly may consider the sentence associated with each possible charge, and may choose to […]
March 6, 2013
In a post here I discussed the procedure a trial judge should follow when a deliberating jury asks to review evidence. In that post I noted that the judge must […]