Harvard Law & Policy Review

Archives for May 2018

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Obama and the Good Old Days of Federal Prosecution?

By David Patton* These days as a federal public defender, I’m often asked some version of, “Aren’t federal prosecutions horribly unfair and draconian now that Jeff Sessions is heading the Department of Justice?” I usually respond with some version of “Yes, they are.”  What I often leave out is, “And they have been for as long as I can remember.” A casual observer of the federal criminal justice system could be forgiven for thinking that Sessions has put an end to an enlightened and …

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Federal Hate Crime Prosecutions are Critical, but Are They Enough?

By Melissa Garlick* Three militia members from southwest Kansas were recently convicted on federal civil rights charges and conspiring to use a weapon of mass destruction for targeting Somali Muslim immigrants for a plan of mass murder in 2016.  On a recording made available to the jury, one of the defendants said: “The only good Muslim is a dead Muslim.” The convictions sent an important message of reassurance to a small community left rattled and fearful.  The unique impact of this crime – …

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Epistemic Humility as a Presidential Virtue

By Mark Satta* There are a lot of traits worth wanting in a political leader—relevant experience, good public speaking skills, strong critical thinking skills, a charming personality, empathy, tact, wisdom, diligence, willingness to serve those whom one leads, etc. The current President of the United States seems to lack an unsettling number of these traits, but North Korea’s recent attempt to use the potential North Korea-United States summit as leverage against United States’ foreign …

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