Posts tagged Cato Institute
Are a Disproportionate Number of Federal Judges Former Government Advocates?

“Or imagine you’re a diehard Ohio State football fan, and every time the Buckeyes play the Wolverines, three or four of the seven referees on the field are Michigan alums, while only one is an Ohio State alum. You’d most likely prefer a more balanced officiating crew because even though referees are required to be neutral, there are many close calls in football, and it’s reasonable to suppose that even the most conscientious referee might tend to shade those calls in favor of his alma mater. And of course, as any football fan knows, one call can decide a game—or even a whole season.“

Cato Institute

September 18, 2019

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JudgesPhillip ReevesCato InstituteComment
Defending a Court’s Discretion To Allow Arguments for Conscientious Acquittal

“Throughout the entire Anglo-American legal tradition, the independence of citizen juries has been understood to be an indispensable structural check on executive and legislative power. This independence has traditionally implied that jurors would both understand the consequences of a conviction, and that they would possess the power of conscientious acquittal, or “jury nullification”—that is, the inherent prerogative to decline to convict a defendant, even if factual guilt is shown beyond a reasonable doubt, when convicting would work a manifest injustice.“

Cato Institute

December 20, 2018

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JudgesPhillip ReevesCato Institute, Conscientious AcquittalComment