The death last Friday of Galindo Mellado Cruz, reported as one of the “founders” of the powerful Los Zetas cartel, is a symbolic victory for Mexico. Mellado appears to have had limited to no operational command in Tamaulipas, according to… Continue Reading
The desire for public safety is a force influencing far-reaching legal decisions; the highest court in the country often uses safety as a rationale to reduce restrictions on law enforcement officers to question, search and seize individuals. Public safety is also a concern in the minds of average people serving in jury trials — people who deliberate on the cases that affect their peers. In fact, the concern for public safety may be a reason why some juries choose not to support marijuana prohibition penalties. Continue Reading
In “The Federalist No. 83,” Alexander Hamilton considered trial by jury an essential safeguard against whimsical prosecutions of “pretended offences” and “arbitrary punishments upon arbitrary convictions” — what he regarded as “the great engines of judicial despotism.” Recent developments in the debate in Texas over marijuana would certainly please him. Continue Reading
Today, many analysts view Michoacán as a failed state within a state where the rule of law can no longer be guaranteed by the government. This sad state of affairs has been brewing for over a decade and has deep structural roots. In truth, Michoacán has never been well governed, and the Tierra Caliente region known for its hot climate and fertile agriculture has always produced tough caciques. Unfortunately, in the last few years what once appeared to be a governable avocado and lime basket has proven to be ungovernable. Continue Reading
Jury nullification occurs when a jury refuses to convict a defendant they know has broken the law — perhaps because they dislike the law or believe the probable punishment is too harsh, or maybe just because of strong positive or negative feelings about the defendant or the victim. Continue Reading
No matter what the evidence, a jury is empowered to acquit, and no judge can take that authority from them. At some point, should they believe a conviction would be unjust, American jurors are empowered to exercise their prerogative to “just say no” — and occasionally, they do just that. Under alcohol prohibition, such acquittals made Prohibition unsustainable; the law that could never be repealed was repealed, because public opinion made it unenforceable. The ban on marijuana — another law that it sometimes seems can never be repealed — is just as vulnerable to the judgment of American jurors. Continue Reading
Today Colorado became the first state in the union to allow retail recreational marijuana sales. The Internet is awash with stories documenting a moment that many may look back on as a watershed. I seek here to address what many… Continue Reading