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Cato Podcast

The Supreme Court's Term on Criminal Justice

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 15 July 2022

⏱️ 18 minutes

🧾️ Download transcript

Summary

How did the Supreme Court's latest term stack up for criminal justice? Jay Schweikert and Clark Neily comment.

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Transcript

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0:00.0

This is the Cato Daily Podcast for Friday, July 15, 2022.

0:06.4

I'm Caleb Brown.

0:07.5

The Supreme Court handled and notably chose not to take many cases involving

0:11.5

accountability for the criminal justice system.

0:14.4

Cato's J. Schweicherd and Clark Neely sum up the most recent term at the high court.

0:19.6

We spoke earlier in the Supreme Court term about at least one case that had implications for

0:26.3

criminal justice, now that the term is over, what can we say with confidence about this Supreme

0:32.4

Court term with respect to a what can we say with confidence about this Supreme Court

0:32.7

Durham with respect to accountability for police?

0:37.2

So overall, this is a pretty discouraging term

0:40.6

in terms of police accountability. There are really three major cases that the court decided

0:46.3

involving police accountability and then a set of cases that they didn't decide involving qualified immunity, which is obviously a huge central

0:56.3

component of the police accountability problem. Out of all of those, there was really only one case

1:01.1

that could be plausibly called a win for the ability of citizens to

1:05.5

vindicate their rights against police officers who violate them.

1:09.2

All right, so let's take those in turn.

1:11.2

The one that we had discussed previously.

1:13.7

Right, the one that we discussed previously is a case called Thompson versus Clark,

1:18.4

which involves what are called malicious prosecution claims under Section 1983.

1:24.8

In other words, when police officers unlawfully

1:28.1

arrest someone without probable cause

1:30.0

and then subject them to criminal proceedings.

...

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