Cornell professor Joseph Margulies comments on the recent news, reported by the Sentencing Project, that between 2000 (the peak year) and 2020, the number of children detained by the criminal legal system experienced a 77% decline; indeed, the number fell every year between 2000 and 2020. Professor Margulies points out that even while we inevitably construct social meaning from crimes in general, we should celebrate the bare fact of this reduction in juvenile incarceration.
Amherst professor Austin Sarat comments on Justice Clarence Thomas’s dissent from the U.S. Supreme Court’s refusal to dismiss a lawsuit challenging the constitutionality of Alabama’s use of lethal injection as a method of execution. Professor Sarat argues that Justice Thomas has seldom come across a death sentence he wouldn’t uphold or an execution he wouldn’t try to expedite—and his opinion in this case was no exception.
Former federal prosecutor Dennis Aftergut comments on a recent development in the New York criminal case against Donald Trump—his filing of a notice to remove. Mr. Aftergut explains that this maneuver is simply a delay tactic and argues that Trump’s legal assertions are unlikely to succeed.
Amherst professor Austin Sarat argues forcefully that the U.S. Supreme Court should stay the execution of Richard Glossip, whom Oklahoma is planning to execute on May 18 despite serious doubts about the fairness and reliability of his conviction. Professor Sarat points out that the Oklahoma Attorney General supports Glossip’s application for a stay, recognizing that to carry out the execution would irreparably harm both the defendant and the integrity of Oklahoma’s justice system.
Former federal prosecutor Dennis Aftergut comments on the 10-page letter from lawyers of former President Donald Trump to Rep. Mike Turner, chair of the House Intelligence Committee. Mr. Aftergut points out that Special Counsel Jack Smith has significant evidence that contradicts many of the claims in the letter, and the weakness of the letter suggests Trump has no viable defense against the likely obstruction charge.
Cornell professor Joseph Margulies describes a choice that Jack Teixeira—the 21-year-old former member of the Massachusetts Air National Guard accused of leaking classified documents on Discord servers—now faces: paint himself as a heroic truth-teller martyred by a war-mongering liberal political establishment, or as a chastened young man who made a terrible mistake but who loves his country and would never intentionally do her any harm. Professor Margulies points out this choice leads to the further question whether can society forgive Teixeira, or any wrongdoer, if they insist they have done no moral wrong.
Amherst professor Austin Sarat describes how Washington’s Democratic Governor Jay Inslee’s approach to the death penalty demonstrates the value of “strategic gradualism.” Professor Sarat points out that the careful use of a scalpel, particularly in the movement to abolish the death penalty, can be more effective than the use of a sledgehammer.
Barry Winograd comments on the recent New York grand jury indictment of Donald Trump, specifically noting key points that most political and legal commentary seems to overlook. Mr. Winograd points out seven things that the public should keep in mind as the case progresses.
Amherst professor Austin Sarat observes that even in the Deep South, support for the death penalty is waning, with the latest development last week by Louisiana Governor John Bell Edwards announcing his support for ending the death penalty in his state. Professor Sarat calls upon other politicians in the South to sponsor and support bills to end capital punishment in their states.
Amherst professor Austin Sarat explains why the plan by a coalition of death penalty opponents in Nebraska to put the death penalty on the ballot is a risky strategy. Professor Sarat points out that important and successful work that death penalty abolitionists have recently done to reframe the debates about capital punishment has not yet succeeded in the electoral arena, and history suggests that death penalty abolition is more likely to come from the top down than it is from the bottom up.
Amherst professor Austin Sarat and former federal prosecutor Dennis Aftergut comment on recent news that Republican legislators in four Southern states have proposed legislation that would make abortion a capital offense in those states. Professor Sarat and Mr. Aftergut point out the hypocrisy and cruelty of so-called “pro-lifers” advocating the death penalty for those who seek—and those who assist others in seeking—an abortion.
Cornell professor Joseph Margulies argues that the only condition that justifies a prison sentence longer than 20 years is an ongoing threat to public safety, to be determined after that sentence has been served. Professor Margulies points out that, contrary to what many people think, individuals convicted of some of the most serious offenses, and who have already served exceptionally long terms, are often the people who are most apt to be valuable and contributing members of society, and who are best prepared for freedom.
Amherst professor Austin Sarat comments on the recent changes in Oklahoma that suggest, perhaps surprisingly, that the state may be poised to abolish the death penalty. Professor Sarat observes that the 2022 election results, the objections of religious leaders, doubts among conservative politicians, and declining public support may signal a tide change in a state that has long been a leader in using death as a punishment.
Cornell Law professor Michael C. Dorf comments on the U.S. Supreme Court’s decision last week in Cruz v. Arizona, in which a 5-4 majority of the Court delivered a rare victory to a capital defendant. Professor Dorf describes the circuitous path Cruz’s case took and how it highlights an inadequacy in the standard for viewing the “adequacy” of state law grounds for denying federal judicial intervention.
Amherst professor Austin Sarat comments on two cases currently working their way through the Arizona court system, in which defense lawyers from the Capital Unit of the Maricopa County Office of the Public Defender are raising innovative arguments based on the systemic racism in all aspects of American life. Professor Sarat argues that these carefully crafted and extensively documented motions call on judges to confront the reality of America’s racist past and continuing institutional racism before allowing the government to carry out any more “legal lynchings.”
Amherst professor Austin Sarat comments on recent news that Arkansas was “close” to completing the protocol needed to carry out executions by nitrogen hypoxia. Professor Sarat points out that nearly every method of execution was touted as “humane” when it was first introduced, but as history has proven time and time again, there is no such thing as a foolproof or humane execution.
Cornell professor of government Joseph Margulies describes the conundrum of reconciling the fact that prison sentences over 20 years are generally pointlessly cruel and unjust with the fury we feel against those who commit senseless mass murders. In particular Professor Margulies points to a new report by The Sentencing Project in support of their longstanding campaign to reduce the maximum prison sentence in the United States to 20 years, released on the same day that Erie County, New York, Judge Susan Eagan sentenced Buffalo shooter Payton Gendron to ten concurrent life sentences plus an additional 25 years to be served consecutively.
Amherst professor Austin Sarat comments on a recent petition by 170 faith leaders in Alabama asking Governor Kay Ivey to create an independent commission to study and address Alabama’s death penalty problems. Professor Sarat describes the recent botched executions in that state and laments that their eloquent appeal seems likely to fall on deaf ears in a state that is not yet ready to clean up its death penalty mess.
Cornell Law professor Joseph Margulies points out that the Memphis police officers who beat Tyre Nichols to death were doing exactly what the SCORPION unit of the department was supposed to do. Professor Margulies argues that until we collectively quash the belief that “we” are threatened until “they” are brought to heel, society will futilely pursue public safety while disregarding public suffering.
Amherst professor Austin Sarat comments on the many attempts by South Carolina to resume executions in that state. Professor Sarat describes the recent history of capital punishment in that state and notes that a recent decision by the South Carolina supreme court put on hold a case involving death row inmates’ challenge to the state’s attempt to use the electric chair and the firing squad.