Articles Posted in Criminal Law

Amherst professor Austin Sarat examines recent death penalty statistics and trends in the United States, drawing from the Death Penalty Information Center’s 2024 Annual Report and Death Penalty Census, as well as academic research spanning several decades. Professor Sarat argues that capital punishment should be abolished nationwide, citing the dramatic decline in death sentences since the 1990s, the extremely low rate of sentences actually resulting in executions (15.7%), and the high rate of reversals due to serious errors, all of which suggest the system is ineffective and not worth maintaining.

UNLV Boyd School of Law professor Leslie C. Griffin chronicles the six-decade history of sexual abuse perpetrated by Catholic priest Lawrence Hecker in New Orleans, including his recent guilty plea and death in December 2024. Professor Griffin argues that Hecker’s ability to continue abusing children for so long was enabled by a systematic pattern of protection and cover-ups by church officials and sympathetic judges, who consistently prioritized Hecker’s interests over those of his victims until overwhelming evidence finally forced a conviction just weeks before his death.

Amherst professor Austin Sarat examines the evolving stance on capital punishment in the United States, specifically critiquing President Joe Biden’s decision to commute the sentences of some federal death row inmates but exclude high-profile offenders like Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers. Professor Sarat argues that this exclusion missed an opportunity to catalyze a national conversation on abolishing the death penalty entirely, asserting that current societal and legal trends make it feasible to advocate for clemency even in extreme cases without jeopardizing abolitionist progress.

Amherst professor Austin Sarat discusses the Supreme Court’s decision to hear a case that could expand the use of DNA evidence in capital punishment cases, focusing on Ruben Gutierrez’s appeal in Texas. Professor Sarat argues that the Court should allow Gutierrez to challenge Texas’s restrictions on post-conviction DNA testing, asserting that such limitations in death penalty cases across the country hinder the pursuit of justice and should be reconsidered.

Amherst professor Austin Sarat discusses the state of capital punishment in the United States, reflecting on the recent milestone of 1,600 executions since 1976 and examining trends in public opinion, exonerations, and execution practices. Professor Sarat argues that while the country has made progress toward abolition, persistent issues such as false convictions, racial bias, and botched executions highlight the fundamental flaws in the death penalty system.

Criminal defense attorney Jon May critically analyzes the Department of Justice’s Corporate Whistleblower Awards Pilot Program, discussing its flaws and potential solutions. Mr. May argues that the program is fundamentally flawed due to its lack of certainty in awarding whistleblowers, prioritization of victim compensation over whistleblower awards, disqualification of whistleblowers eligible for other programs, and demanding cooperation requirements, ultimately deterring potential whistleblowers from coming forward with crucial information about corporate wrongdoing.

Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, discusses Vice President Kamala Harris’s unusual mention of child sexual abuse during her Democratic National Convention speech and its broader implications for addressing this issue in America. Ms. Robb argues that while highlighting the problem is important, real change requires comprehensive action at all levels of society, including passing protective laws, implementing stricter policies in schools and youth organizations, and establishing federal initiatives to combat child sexual abuse and exploitation.

Amherst professor Austin Sarat discusses a legal controversy in Nebraska regarding felony disenfranchisement, specifically focusing on a recent law allowing felons to vote immediately after completing their sentences and the state attorney general’s challenge to this law. Professor Sarat argues that the Nebraska Supreme Court should reject the attorney general’s contentions, allow the new law to stand, and permit former felons to vote, asserting that felony disenfranchisement is a vestige of a shameful historical era that should be consigned to the past.

Amherst professor Austin Sarat discusses the unusual dynamics of the 2024 U.S. presidential campaign, particularly focusing on how Vice President Kamala Harris is positioning herself on crime and criminal justice issues. Professor Sarat argues that Harris faces a delicate balancing act of appearing tough on crime to counter Republican attacks while maintaining credibility on criminal justice reform, suggesting she should emphasize crime prevention and address root causes rather than simply adopting traditional “tough-on-crime” rhetoric.

Amherst professor Austin Sarat examines the current state and history of the death penalty in Midwestern states, particularly Kansas, Nebraska, and Wyoming. Professor Sarat argues that growing bipartisan opposition to capital punishment in these traditionally conservative states, based on concerns about costs, effectiveness, and potential wrongful executions, may contribute to a broader national movement toward abolishing the death penalty.

Amherst professor Austin Sarat discusses the upcoming sentencing of Donald Trump in New York and the challenges faced by Judge Juan Merchan in deciding when to hold the sentencing hearing and what punishment to impose. Professor Sarat argues that Judge Merchan’s decision requires both legal acumen and practical wisdom, as it could have significant political ramifications for the 2024 presidential election, regardless of whether the sentencing is delayed or proceeds as scheduled.

Amherst professor Austin Sarat discusses the use of life without parole (LWOP) sentences in the United States, examining upcoming state supreme court cases challenging these sentences and the historical role of death penalty abolitionists in promoting LWOP as an alternative to capital punishment. Professor Sarat argues that death penalty abolitionists should now reconsider their support for LWOP, recognizing it as another form of “death penalty” and joining efforts to scale back its use, especially given its disproportionate impact on young offenders and people of color.

Amherst professor Austin Sarat discusses the case of Marcellus Williams, a death row inmate in Missouri, and the broader issue of false convictions in capital cases due to unreliable informant testimony. Professor Sarat argues that Williams’s case exemplifies the urgent need for reform in the use of informant testimony in criminal trials, proposing several measures to improve the reliability and transparency of such evidence in order to prevent miscarriages of justice.

In this second part of a discussion of the Catholic sexual abuse in New Jersey, UNLV Boyd School of Law professor Leslie C. Griffin delves deeper into the history of sexual abuse cases against the Catholic Church in New Jersey, focusing on earlier cases, the impact of charitable immunity laws, and recent legal developments including bankruptcy filings and ongoing lawsuits. Professor Griffin highlights the complexities of these cases, including issues of jurisdiction, insurance disputes, and the ongoing struggle for justice, while also noting the significant financial settlements made by the Church and the continuing efforts of survivors and their lawyers to hold the institution accountable for past abuses.

UNLV Boyd School of Law professor Leslie C. Griffin discusses the history and current state of sexual abuse cases against the Catholic Church in New Jersey, focusing on high-profile cases like that of former Cardinal Theodore McCarrick and the impact of recent legislative changes extending the statute of limitations for abuse claims. Professor Griffin details the numerous lawsuits filed during a two-year “lookback window,” the church’s efforts to compensate victims outside of court, and the ongoing struggle for justice and accountability, highlighting the widespread nature of the abuse and the challenges faced by survivors in seeking redress.

Amherst professor Austin Sarat discusses Alabama's plan to execute Alan Lee Miller using nitrogen hypoxia, exploring the method's history, claims of humaneness, and the recent controversial execution of Kenneth Smith using this method. Professor Sarat argues that the gruesome details of Smith's execution expose the brutality of nitrogen hypoxia, contradicting proponents' claims of its safety and humaneness, and calls for Alabama to cancel Miller's execution or for courts to intervene and prevent it.

Amherst professor Austin Sarat examines the role of racial bias in California’s death penalty system, drawing on various studies and statements from political figures like Kamala Harris and Gavin Newsom. Professor Sarat argues that despite California’s progressive reputation and efforts to address racial injustice, the state’s capital punishment system remains plagued by racial disparities, supporting the call for its abolition.

Cornell professor Joseph Margulies discusses his upcoming book on social forgiveness, exploring how society can become more forgiving towards those who have committed serious wrongs. Through the stories of Eric, Lucas, and Dante, Professor Margulies illustrates that a key factor in personal transformation and rehabilitation is having someone who believes in the individual’s potential for change, even after they’ve committed terrible acts.

Amherst professor Austin Sarat discusses a legal and political controversy in Arizona surrounding the execution of death row inmate Aaron Gunches, involving various state officials including the county attorney, attorney general, and governor. Professor Sarat criticizes Maricopa County Attorney Rachel Mitchell’s unprecedented and allegedly illegal attempt to seek a death warrant, portraying it as a politically motivated move that undermines the established legal process and threatens to create chaos in Arizona's death penalty system.

Amherst professor Austin Sarat discusses the systematic exclusion of Jewish people from death penalty juries in Alameda County, California, and explores Jewish perspectives on capital punishment. Professor Sarat argues that while Jewish religious texts mention capital punishment, rabbinical interpretations and Jewish history have made many Jews wary of the death penalty, and the discriminatory practices in Alameda County highlight the need to end capital punishment altogether.