In order for the criminal law to be a moral force, it must be mindful of the circumstances under which the accused come before it. Some are truly disadvantaged. Some are unlucky. Some have run out of choices. Some are unwitting lawbreakers, notwithstanding the ease with which intent may be proved at trial.
Those of us who want to see the law as a moral force believe that the “law should not convict unless it can condemn.” Before we sit in condemnation, we ought to assess whether society’s own conduct in relation to the actor entitles us to do so. If moral condemnation were the basis for criminal punishment, we would have to consider whether fourteen-year-old Leroy Williams, raped before he could formulate the words to express the horror of what it means to be raped, freely chose to do wrong. If moral condemnation were the basis for criminal sanctions, we would have to consider whether twenty-year-old Lisa Grimshaw, physically and psychologically abused by every man in her life from her father on, freely chose to do wrong.
Voting rights advocates should explore section 11(b) of the Voting Rights Act as a vehicle to combat voter intimidation.
This article argues Allyene signals a shift in the availability of constitutional challenges in cases where sentencing factors are particularly important.
DOJ guidance for mentally impaired detainees in immigration removal proceedings should be amended to provide counsel at earlier signs of incompetence.
A transgender student's expression of her gender identity, including through the use of gender consistent bathrooms, is First Amendment protected speech,