In my experience as a public prosecutor, a rapist walking free due to legal technicalities is unheard of. Unfortunately rapists, wife beaters and eve teasers walking free because the crime was never reported, especially when it involves victims from poorer parts of the society, is a daily occurrence.
At what point does the adversarial process that is central to our legal system cease to be truly adversarial? In a case involving an indigent prisoner who sued prison administrators and staff for deliberate indifference to his medical needs, a divided Seventh Circuit panel reversed a summary judgment in favor of the defendants, sending the prisoner's suit back down for further fact-finding.
While many things can go tragically wrong in adoption cases, a preventable problem is a failure to appropriately terminate the parental rights of a biological parent. This comment provides a brief and incomplete educational overview of the single issue of termination of parental rights in domestic U.S. adoption cases.
I was born behind barbed wire 70 years ago in a maximum-security prison camp for Japanese-Americans in Northern California. My visit with mothers and children at the euphemistically named Karnes County "Residential Center" a few weeks ago triggered distressing associations of my own experience as a child. We too lived in a constant state of fear and anxiety, never knowing what our fate would be.
Yes, Harvard's previous sexual assault policy was utterly inadequate to protect survivors of sexual misconduct -- as are far too many policies still in place at other American universities. But the new policy goes dangerously far in another direction, and law professors were right to call their university out.
Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders' intent in creating the Fifth Amendment. A government's ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.