³Ô¹Ï´ó±¾Óª

Whether it violates the separation of powers for Congress to delegate to the Attorney General, the nation’s chief prosecutor, the unfettered authority both to decide whether a criminal law should apply and to prosecute violators of that law.

In Alabama’s criminal justice system, wealth can be synonymous with freedom, and lack of wealth can mean incarceration. That’s wealth-based justice, and it’s unconstitutional. Hundreds of defendants, including Bradley Hester, Ray Charles Schultz, and Randall Parris, are routinely jailed pretrial due to their inability to afford a predetermined bail bond required for release. This system disregards the ramifications of unconstitutional pretrial detention for individuals and families, which include presumption of innocence, economic and emotional hardship, and potential loss of one’s job. We along with partners intervened in a federal class action lawsuit which seeks to end this unlawful detention scheme, and calls on Cullman County to instead implement fair, efficient, alternative conditions of release that are not based on how much money someone has.

Does the existence of probable cause for an arrest automatically defeat a later First Amendment retaliatory-arrest claim, even when the evidence of retaliation is overwhelming?

Is the Fifth Amendment violated when a defendant’s compelled statements are used against him at a probable cause hearing but not at a criminal trial?