Examination of the Moment of Threat Doctrine in Police Use of Force Cases

Cato's Clark Neily and Mike Fox give the most recent SCOTUS term a B- grade on criminal law. While they celebrate some unanimous victories like Barnes v. Felix (requiring courts to consider totality of circumstances in police use-of-force cases) and Martin v. United States (allowing federal tort claims against law enforcement), they express frustration with the Court's repeated refusal to hear cases involving the "petty offense doctrine," appellate waivers in plea bargains, and felon-in-possession gun laws—all issues with clear circuit splits that affect large numbers of people.

The episode concludes with a celebration of Fox's efforts that led to presidential pardons for John Moore and Tanner Mansell, achieving justice where the courts failed.

Hosted on Acast. See acast.com/privacy for more information.