Introduction

Author(s):  
Gideon Yaffe

The case of Roper v. Simmons (543 U.S. 551) presents a set of facts that test almost anyone’s intuitions favoring the idea that kids should be shielded from the worst punishments, punishments that are justifiably heaped on adults. More for the thrill of it than anything else, Christopher Simmons, together with two friends, broke into a randomly chosen home in the middle of the night, abducted Shirley Crook from her bedroom, bound her hands, legs, and head tightly with duct tape, and threw her off a bridge. She drowned in the waters below. Simmons later bragged about the murder, saying that he did it “because the bitch seen my face.” This repulsive remark was an evident lie, not that it matters, since there was ample evidence that Simmons had planned to kill Crook well before he and his friends even entered her home. Shirley Crook left behind a grief-stricken husband and daughter, both of whom testified at the sentencing phase of the trial to the havoc that the murder had wreaked on their lives. One and only one thing can be said on Simmons’ behalf, and it was duly noted by the attorneys in the case when addressing the jury that sentenced him to die: Christopher Simmons was 17 years old at the time of the crime. Eventually the Supreme Court of the United States reached the conclusion that this one fact was significant enough to warrant withholding from Simmons the worst that the state can do to a person: the court saved Simmons’ life, ruling that no one under 18 at the time of a crime could be executed for it, no matter how heinous the conduct....

1967 ◽  
Vol 61 (3) ◽  
pp. 657-674 ◽  
Author(s):  
William A. Carroll

The Supreme Court of the United States, whose decisions not only define constitutional law but vitally affect national policy, has long held both an honored and a controversial place in American life. In no area do its decisions bring it more honor or more controversy than in the field of religion; for, as a member of the First Congress under the Constitution said, “the rights of conscience are, in their nature, of peculiar delicacy, and will little bear the gentlest touch of governmental hand. … Thus, the same decision of the Court may be hailed by some as a great landmark in the struggle for religious liberty, and denounced by others as a serious invasion of liberty of conscience. For although it may be pleasant to dream of religion insulated from governmental touch, the dual membership of citizens in the state and in religious bodies insures that conscience and government will touch at some points with inevitable friction, and, to the conscience so touched, it makes little difference whether the governmental hand is that of a local school board, the Congress, or the Supreme Court of the United States.The Court has recently been attacked as antireligious, or at least as callous to our religious heritage, because of its decisions invalidating a state-prescribed prayer and state-prescribed Bible reading in public schools. The first of these decisions prompted the more excited outcry, but the two, at first singly and then together, have precipitated a renewed debate about the proper constitutional relationship between the state and religion.


1965 ◽  
Vol 11 (1) ◽  
pp. 22-29
Author(s):  
Brent T. Lynch

The Utah Board of Pardons, an executive agency, releases some Utah prison inmates by an order of "conditional termina tion," which directs the recipient to leave the state immediately and remain away permanently. The Supreme Court of Utah has recently held this order to be valid and constitutional, a ruling attacked by this article, which cites cases wherein rights guaranteed by the federal Constitution are violated. Public policy, sound penology, and constitutional law all militate against use of conditional termination.


Author(s):  
Nicholas R. Seabrook

This chapter examines the involvement of the Supreme Court of the United States in litigation relating to partisan gerrymandering, paying particular attention to a case that attempted to apply the previously established Davis v. Bandemer precedent to congressional elections: Vieth v. Jubelirer. It begins with an overview of Badham v. Eu, which arose from the redrawing of California's congressional districts in the aftermath of the 1980 census and its most significant holding: that the Bandemer precedent, which had initially been applied to the drawing of state legislative districts only, also extends to the drawing of congressional districts. The chapter then considers the circumstances surrounding the Vieth case, in which the alleged political gerrymander concerned the reapportionment plan for the congressional districts in the state of Pennsylvania rather than those for the state assembly. It also analyzes the Supreme Court's 2004 decision in Vieth, focusing on Justice Antonin Scalia's plurality opinion and Justice Anthony Kennedy's concurring opinion.


2018 ◽  
Vol 20 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Brandon L Bang ◽  
Duane Stanton ◽  
Craig Hemmens ◽  
Mary K Stohr

The Supreme Court of the United States recognized in its seminal case Miranda v Arizona, 384 US 436 (1966) that police used overly coercive techniques during custodial interrogations to obtain confessions. Yet, post Miranda, police officers still utilize legal coercive and deceptive techniques during custodial interrogations. Unfortunately, some of these techniques have proven to be so coercive that they lead to false confessions and innocent people being convicted for crimes they did not commit. Some states have taken measures to protect the accused during custodial interrogations and require the police to record custodial interrogations under certain conditions. The policies and procedures that mandate interrogation recording vary in scope and by state. This article sheds light on the different statutes and policies implemented at the state level that regulate custodial interrogation recording.


2021 ◽  
Vol 5(166) ◽  
pp. 237-248
Author(s):  
Marcin Rulka

The case concerned the election of the President of the United States of America who is elected by the Electoral College. In the 2016 election, Washington’s three electors voted inconsistent with the results of the general election in the state from which they were delegated. As a result, these electors were fined $ 1,000. The Supreme Court confirmed the constitutionality of this type of solution, because there is no provision in the Constitution of the United States of America that would explicitly prohibit states from depriving presidential electors of their freedom to vote.


2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Miodrag N. Simović ◽  
Vladimir M. Simović

The paper analyses some relevant issues related to the treatment oflaw enforcement officers in the United States after a person has been taken intocustody or otherwise deprived of liberty, which requires informing that personof his/her constitutional rights. In the landmark decision Miranda v. Arizona(1966), the Supreme Court of the United States set standards for law enforcementofficers to follow when interrogating suspects held in custody.Suspects who are subject to custodial interrogation must be warned of theirright to remain silent; that any statements they make may be used as evidenceagainst them; that they have a right to an attorney; and if they cannot afford anattorney, the State will assign them one prior to any questioning, if they so wish.According to Miranda, unless those rights are not read, any evidence obtainedduring the interrogation may not be used against the defendant.Ever since Miranda was decided, state and federal courts have struggled witha number of issues with regard to its application, including the suspect’s beingin custody, which entitles the suspect to being readMiranda rights, the suspect’swaiving the right to have an attorney present during questioning. Some decisionsby the U.S. Supreme Court have attempted to answer these difficult questions.


2019 ◽  
pp. 1669
Author(s):  
Patrick Cothern

Habeas corpus petitioners must navigate the procedural barriers of the Anti-terrorism and Effective Death Penalty Act (“AEDPA”) before courts consider their petitions on the merits. Among the barriers imposed is a general prohibition on “second or successive” habeas petitions, meaning a petitioner who previously filed a habeas petition may not bring another, with limited exceptions. One such exception, recognized by the Supreme Court in Magwood v. Patterson, allows for a second habeas petition after the petitioner obtains a “new judgment.” Magwood and AEDPA, however, left the term “new judgment” undefined. This Note summarizes the history of habeas corpus in the United States, the passage of AEDPA, and the Magwood decision. It contends that the interpretation of “new judgment” adopted by some circuits is impermissibly restrictive of the implied right to petition for habeas relief. Thus, it proposes a simplified interpretation: any judicial change to the original judgment renders a “new judgment,” achieving a better balance between the interests of the petitioner and the state.


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