Supreme Court
Justices Tackle Insanity Defense, Non-Unanimous Juries
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The Supreme Court opened its term by hearing cases asking whether the Constitution permits states to abolish the insanity defense or convict defendants absent a unanimous jury.
Supreme Court
At High Court: Can States Eliminate Insanity Defense?
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The Supreme Court’s new term begins next week with a fascinating criminal law case, Kahler v. Kansas, that asks a simple question: Can a state eliminate the insanity defense? The result may prove quite important for criminal law, writes USC law Prof. Orin Kerr.
Supreme Court
Kavanaugh, Round 2: New Book Revives Controversy
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Several Democratic presidential candidates called for Supreme Court Justice Brett Kavanaugh’s impeachment following publication of excerpts from a new book that adds to the allegations of sexual misconduct in college and questions his truthfulness during his 2018 confirmation battle.
Supreme Court
Gorsuch Cites Agreement With Liberals on Defending the ‘Little Guy’
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Supreme Court Justice Neil Gorsuch is considered a reliable conservative, but in an interview with USA Today promoting his new book, he highlighted cases in which he has joined liberal justices in defense of the “little guy” being surveilled or convicted of a crime.
Supreme Court
How LA Jailhouse Lawyer Helped in High Court Case
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Calvin Duncan a 23-year “jailhouse lawyer’ at the Lousiana State Penitentiary in Angola, worked for years on an issue the justices Can someone be convicted by a non-unanimous jury?
Supreme Court
‘Maverick’ Justice John Paul Stevens Dies at 99
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Initially a moderate Republican, Stevens became known as a liberal on the bench. He favored gun control and most regretted a vote to revive the death penalty, which he later opposed.
Immigration
Supreme Court to Take Up DACA Issue Next Term
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A string of lower courts have said that President Trump’s decision to terminate the Obama-era program was based on faulty legal reasoning and that the administration has failed to provide a solid rationale for ending it.
Crime and Justice News
Supreme Court: Cops Can Use Blood From Unconscious Drivers Without Warrant
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The Supreme Court agreed to decide whether implied consent is consistent with the Fourth Amendment’s ban against unreasonable searches.
Supreme Court
High Court Rules for Sex Offender in Sentence Challenge
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The justices ruled 5-4 that a federal law requiring sex offenders to return to prison based on a judge’s new findings is unconstitutional. Trump appointee Neil Gorsuch wrote the opinion for himself and the court’s four liberal justices.
Stop and Fix? How the ‘High-Crime Area’ Defense Has Licensed Bad Policing
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Almost 20 years after a Supreme Court ruling that police are justified stopping and frisking individuals in areas considered “high crime,” a new study shows the designation is both subjective and biased. TCR’s legal columnist says it’s time to scrap the concept.