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A red-blue divide did not appear where many people might expect to see it, including, for example, criminal law rules relating to the insanity defense, self-defense, the use of strict liability ...
ScotusCrim is a recurring series by Rory Little focusing on intersections between the Supreme Court and criminal law. Welcome ...
While an important step, red flag laws can only keep weapons from at-risk individuals. Without the leverage of diversion courts, they cannot compel them to undergo treatment.
And criminal law can disproportionately affect the poor — the very same people most likely to be violently victimized. These red flag proposals wouldn’t be imposed in an otherwise perfect country.
Are red flag laws constitutional? Critics argue red flag laws go against the Second Amendment. While there have been Second Amendment challenges to these laws, they've each failed, Blocher said.
Constitutional law scholar Darrell Miller said the criminal provisions in the Anti-Red Flag Act — by which authorities who issue an ERPO can be punished with convictions, fines and even jail ...