juries
On an early morning in 2017, Curtrina Martin inadvertently attended a pyrotechnic exhibit she compares to the Fourth of July. Except it was October, and it was inside her home in Georgia. The source was considerably less joyful. The FBI detonated a flash grenade in the house and ripped the door from its hinges in a raid to arrest a man, Joseph Riley, accused of gang activity, who lived in a different house approximately one block over. The agents would not realize their mistake until after they made their way into Martin's bedroom, where they found her and her then-fiancé, Hilliard Toi Cliatt,...
Reason
"Criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something," Supreme Court Justice Neil Gorsuch observed in 2019. Gorsuch elaborates on that theme in a new book, showing how the proliferation of criminal penalties has given prosecutors enormous power to ruin people's lives, resulting in the nearly complete replacement of jury trials with plea bargains. "Some scholars peg the number of federal statutory crimes at more than 5,000," Gorsuch and co-author Janie Nitze note in Over Ruled:The Human Toll of Too Much L...
Reason
The right to a trial by jury was designed to be part of "the heart and lungs of liberty," enshrined into the Constitution to protect people "against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hogs," according to John Adams. It is, in theory, still supposed to do that. But the Founders would likely be dismayed by the ways in which the government has watered down that right since their passing. Supreme Court Justice Neil Gorsuch rebuked one such way today: the use of six-member juries, as opposed to the historical practice of 12-person pa...
Reason
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