Criminal Justice

  • October 13, 2017

    by Christopher Wright Durocher, Director of Policy Development and Programming, ACS

    A coalition of 88 groups concerned with gun violence in the United States has released an open letter to the elected leaders of America, calling for meaningful legislative action in the wake of the shooting earlier this month in Las Vegas that left 59 people dead and more than 500 injured.

    The letter assails Congress for considering two bills that would liberalize gun regulations—one removing restrictions on the sale of firearm silencers and the other effectively nationalizing the most permissive state concealed carry permit laws through federal mandated reciprocity between states. Though the National Rifle Association (NRA) and its gun industry allies defend these measures as commonsense and necessary to meet Second Amendment principles, these bills go far beyond the protections of the Second Amendment the Supreme Court laid out in the seminal case District of Columbia v. Heller.

  • September 20, 2017

    by Christopher Wright Durocher, Director of Policy Development and Programming, American Constitution Society

    On Wednesday morning, the American Constitution Society and the National Bar Association presented “The Power to Promote Progress: Opportunities and Limits to Prosecutors Seeking Reform,” featuring a panel of current and former state and federal prosecutors discussing what it means to be a reform-minded prosecutor.

    In the past few years—often in response to incumbent chief prosecutors’ failure to reflect the values and needs of their constituencies—cities and counties across the country have elected self-described “progressive prosecutors.” Recently elected prosecutors like Kimberly Foxx in Chicago, Kim Gardner in St. Louis (Missouri), Mark Gonzalez in Corpus Christi, Kim Ogg in Harris County and Aramis Ayala in Orlando, join the ranks of other reform-minded prosecutors like acting-DA Eric Gonzalez in Brooklyn, Cyrus Vance in Manhattan, Pete Holmes in Seattle, and James Stewart in Shreveport. In addition to elected leadership, reform-minded attorneys are also serving as line prosecutors in federal and state prosecutor offices across the country.

  • September 20, 2017
    Guest Post

    by Kim Gardner, Circuit Attorney for the City of St. Louis

    I am disappointed with the court’s finding in the shooting death of Anthony Lamar Smith. As the Circuit Attorney for the City of St. Louis, I remain committed to holding people accountable for violating the law, regardless of their race, gender, occupation, or station in life. My job is to ensure a fair and transparent process and to vigorously present the evidence in the best manner possible, and my team did exactly that.  

    While officer-involved shooting cases are extremely difficult to prevail in court, I believe we offered sufficient evidence that proved beyond a reasonable doubt that Jason Stockley intended to kill Mr. Smith. However, in this case it was the judge’s duty to evaluate the evidence and deliver his findings. That’s how our system works.

  • September 18, 2017
    Guest Post

    by Lauren Sudeall Lucas, Associate Professor, Georgia State University College of Law

    In imposing the most severe of sentences—the death penalty—our legal system expects and requires jurors to be fair and impartial.That requires them to refrain from making decisions based on race. What then would we make of a capital juror who questions whether black people “have souls” and suggested that a black defendant wasn’t “in the ‘good’ black folks category” but instead told an attorney in a sworn affidavit that the defendant was a “ni**er”? Allowing that juror to decide whether a black defendant should be sentenced to death would directly contradict the principles on which our legal system is based, and yet that is precisely what happened in the case of Keith Tharpe, who is scheduled for execution in Georgia on September 26.

  • September 18, 2017
    Guest Post

    by Christina Beeler, ACS Student Board member

    President Donald Trump seemingly endorses police brutality of suspects. He said, “like when you guys put somebody in the car and you’re protecting their head, you know, the way you put their hand over? Like, don’t hit their head and they’ve just killed somebody – don’t hit their head. I said, you can take the hand away, okay?” Although defenders insisted his remarks were made in jest, police departments all over the country rushed to condemn Trump’s remarks.

    Trump’s words brought up an old debate: should the protections of the Constitution extend only to those we deem worthy of empathy or is the Constitution there to protect even those who we may find abhorrent?