This article focuses on two procedural mechanisms for strengthening the First Amendment within the criminal legal system: robust grand jury/indictment and unanimity requirements. These requirements help vindicate the First Amendment by testing the facts of a case against the constitutionalized elements of the offense.
Criminal Law
Black male bodies have long been the subject of special attention from the state. This essay focuses on two government interventions in Black masculinity, dating from the 1960s, and their continuing consequences—including for the criminal justice system, and race and gender justice.
Allow me to begin with a scene from one of my favorite novels of the last twenty years. The novel is Hilary Mantel's 'Bring Up the Bodies,' the second in her award-winning trilogy of historical novels about Thomas Cromwell and King Henry VIII.