Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act in Pulsifer v. United States.
Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.
Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.
Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.
Margaret S. Williams, Barbara Meierhoefer, Carly E. Giffin, Jana E. Laks, Leeann W. Bass, Laural L. Hooper, Kenneth Lee
September 18, 2023
This report evaluates the implementation of the interim recommendations made by the Ad Hoc Committee to Review the Criminal Justice Act, appointed by the Chief Justice, in its
Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.
Grave Risk Defense | Child’s Objection to Return | Role of Trial Court
In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.
This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.