Schroedinger’s Vacation Is Unconstitutional

The feds are yet again trying to have their cake and eat it too, this time regarding constitutional criminal procedure. The Double Jeopardy Clause prevents the government from using its immense resources to prosecute criminal defendants twice for the same crime. Still, if a defendant’s first trial results in a hung jury, or the conviction is reversed on appeal, the trial is a legal “non-event” and the government can seek a new trial. If the defendant is acquitted, however, then no new trial is possible; the acquittal precludes a second try because that would be “double jeopardy.”

In a new case out of Puerto Rico, the government is trying to claim that acquittals can also be “non-events” that allow retrial. Juan Bravo-Fernandez and Hector Martinez-Maldonado received a mixed verdict at trial: they were acquitted on two charges—conspiring and travelling to bribe a member of the Puerto Rican Senate—but convicted of the actual bribery. But the two acquittals necessarily depended on a finding that neither defendant violated the bribery statute. Indeed, the U.S. Court of Appeals for the First Circuit vacated the bribery conviction because the jury’s verdict was improperly based on invalid instructions from the trial judge.

That left one vacated conviction and two acquittals that logically required a finding of “not guilty” on the bribery charge. At that point, double jeopardy should have kicked in; the acquittals precluded a retrial regarding the underlying bribery. As the Supreme Court said in Yeager v. United States (2009), any “apparent inconsistency between a jury’s verdict of acquittal on some counts and its failure to return a verdict on other counts” does not “affect[] the preclusive force of the acquittals under the Double Jeopardy Clause.”

What Do Crime Researchers Say about Gun Laws?

The horrific massacre at the Pulse Orlando nightclub has prompted calls for new restrictions on firearms. Those calls are understandable—fight mass murder by restricting some of the tools of mass murder, the thinking goes—but would such restrictions really reduce violent crime? Or, in a country with a robust black market, would gun restrictions merely constrain the lawful, giving violent criminals greater opportunity for mayhem? 

To answer that question, researchers John Lott Jr. and Gary Mauser decided to ask the experts. They surveyed fellow academics who published empirical research on guns and violent crime in peer-reviewed academic journals over roughly the last 15 years. Specifically, Lott and Mauser asked about their perceptions of legal firearms possession’s associations with crime and suicide, and the effects of gun-free zones (which Pulse apparently was required to be, under Florida law) and concealed carry laws.

The respondents can be divided into two groups: economists (many of whom act as applied statisticians) and criminologists. The two groups differ in an important way: economists are much more mindful that policy changes can affect incentives and expectations. This likely explains the difference between the groups’ responses. Economists were highly skeptical of the idea that greater restrictions on legal gun ownership would reduce violent crime, while criminologists were considerably more mixed, with a lean (that sometimes wasn’t statistically significant) toward skepticism. Importantly for the current gun control debate, neither group supported the notion that more restrictions would reduce violent crime.

Lott and Mauser present their findings in the summer issue of Regulation. You can read the article online here.

Chile’s Success Story on Television

A new documentary series, “Improbable Success,” looks at countries that have thrived by implementing free-market policies. The series is currently running on Sinclair Broadcast Group stations, which are found across the country, from WJLA in Washington, D.C., to KBFX in Bakersfield, California. (Sinclair stations are variously affiliated with all major networks.) This weekend, including at noon Sunday on WJLA, host Emerald Robinson will look at Chile’s economic growth since its reforms around 1980. Experts on the show include Jose Pinera, Ian Vasquez, and Richard Rahn, along with several Chilean entrepreneurs. Last week featured Estonia; next week, Switzerland. 

Jose Pinera with Emerald Robinson

Guns, Gay Persons, and Security, Before and After Orlando

Some work by Catoites responding to the lethal rampage by an Islamic State devotee at closing time last Sunday morning in Orlando’s LGBT-oriented Pulse nightclub: 

Writes Michael Tanner in his piece: “As Representative Justin Amash (R., Mich.) noted, he has heard ‘Democrats and Republicans endorse violating the 1st, 2nd, 4th, 5th, 6th, and 8th Amendments’ in response to the attack. About the only thing we are missing is a call to quarter troops in our homes.”  

And more: “Without self-defense, there are no gay rights.” Dave Kopel has a post today at the Volokh Conspiracy, “The history of LGBT gun-rights litigation,” citing the pioneering work of several scholars and activists whose name will be familiar to Cato readers, including Cato University director Tom Palmer, leading up to and following the landmark D.C. v. Heller individual rights case.

The Dissent Channel Goes Public

This morning, the New York Times and the Wall Street Journal published excerpts and summaries of an internal memo by 51 State Department officials calling for airstrikes against the Assad regime in Syria. The key idea expressed in the memo is simple: take military action immediately to stem the tide of violence in Syria. It’s an understandable sentiment, especially from those who have been dealing with Syria’s barbaric civil war on a daily basis, as many of the signatories have. Unfortunately, it is also an exercise in wishful thinking, ignoring the concrete problems with further U.S. military commitment in Syria which have formed the basis for the Obama administration’s refusal to overthrow Assad.

The memo criticizes the Obama Administration’s decision to eschew military action in Syria, arguing instead for the “judicious use of stand-off and air weapons” against the Assad regime. Though such internal memos contesting the administration’s official policy – known as a ‘dissent channel cable’ – are not uncommon, the large number of signatories is more unusual. The memo blames the Assad regime’s violence towards civilians for both Syria’s instability and the appeal of ISIS, arguing that the moral rationale for airstrikes “is unquestionable.”

You Ought to Have a Look: Paris Agreement Prospects, EPA Shenanigans, House Says No to a Carbon Tax

You Ought to Have a Look is a feature from the Center for the Study of Science posted by Patrick J. Michaels and Paul C. (“Chip”) Knappenberger.  While this section will feature all of the areas of interest that we are emphasizing, the prominence of the climate issue is driving a tremendous amount of web traffic.  Here we post a few of the best in recent days, along with our color commentary. 

We’ll get right to it.

First up this week is an examination by the Global Warming Policy Foundation (GWPF) of the prospects of a quick ratification of the Paris Climate Agreement—something that President Obama desperately wants in order to insure that if the next president proves hostile to the Agreement, he won’t be able to derail the whole thing.

While Obama was all smiles when Indian Prime Minister Narendra Modi was in town recently discussing cooperation on the climate, Indian officials were quick to point out that we shouldn’t get the wrong idea, stating that India is “unlikely to sign the Agreement this year, or even the next.”

The GWPF analysis takes us through India’s stance was well as the opinions of other countries which are vital to the Agreement’s ratification. Some have ratified it already, while others, like India, aren’t rushing forward.  From the GWPF:

Representing the two largest greenhouse gas emitters, the joint US and Chinese commitment to early entry into force is undoubtedly significant. Nonetheless, the picture becomes significantly more complicated looking at the next two largest emitters: Russia and India. Both countries have indicated that they are prepared to wait before they ratify the Agreement, wanting a clear set of rules and a greater recognition of differentiated responsibilities. The EU process of securing unanimity between 28 member states is likely to mean a significant delay to European ratification. This means that early entry to force is dependent on building a coalition of many smaller countries, a procedure that is likely to be challenging.

Funding the FBI

On Fox News last night, Megyn Kelly agreed with her guest James Kallstrom that the FBI needs a larger budget. The horrific attack in Orlando has raised the issue of whether the FBI has sufficient resources to investigate potential terrorists.

I don’t know how large the FBI budget should be. The agency does fill a lot of crucial roles, including tackling never-ending corruption in federal, state, and local governments.

But I do know that the FBI has not been starved; its budget has grown rapidly. The chart, from DownsizingGovernment.org, shows that FBI spending in constant 2016 dollars has more than tripled since 1990, from $2.7 billion to $9.1 billion.