At stake is our basic understanding of the difference between right and wrong. If someone commits a wrongful act but, due to a mental illness or defect, wasn't able to recognize that what they were doing was wrong, we don't consider them to have committed a crime.
Once you've been found guilty of a crime, can the government just assert that you're guilty of new crimes without having to prove it to a jury beyond a reasonable doubt?
The Montgomery County, Mississippi, prosecutor seems to have made it his career mission to convict Curtis Flowers for four 1986 murders in a small-town furniture store. Over the past two decades, he has tried Flowers for the murders six times.
Last September, the then-attorney general announced that people with two or more convictions for sex offenses would be required to wear GPS monitors for life. He ordered 180 people to get fitted for GPS bracelets within 5 days.
If you remember the Emmy Award-winning documentary series "Making a Murderer," you know there is good reason to suppose that the defendants, Steven Avery and Brendan Dassey, were wrongfully convicted of the murder of Teresa Halbach. As the documentary showed, Attorney Dean Strang and I represented Avery at trial.
In 2014, an African-American man named Gregory Zullo was pulled over in Vermont after an officer noticed his license tab was partly obscured by snow. At the traffic stop, the officer also noticed a bottle of Visine, an air freshener and a faint smell of marijuana, which has been decriminalized in Vermont. Zullo admitted having smoked marijuana three days' before.
The Eighth Amendment to the U.S. Constitution reads, "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." An Indiana man is testing the excessive fines rule by appealing to the U.S. Supreme Court. The problem? The high court has never held that the "excessive fines" clause applies to the states.
If the police want to track you through your cellphone's location history, should they have to get a warrant?
Adnan Syed, the defendant profiled in Season 1 the popular podcast "Serial," has been granted a new trial. A Maryland court of appeals has ruled that Syed received constitutionally ineffective assistance from his trial counsel 18 years ago, and that ineffective assistance probably affected the outcome of his trial.
Last week, the U.S. Supreme Court agreed to hear an appeal on behalf of a 67-year-old Alabama death row inmate. After suffering at least two serious strokes, Vernon Madison has dementia. His speech is slurred and he says things that don't make sense. He is also blind now, and incontinent. He doesn't remember how to use the toilet in his cell. He can only say the alphabet to the letter G. He can't remember committing the crime for which he was sentenced to death.