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January’s Criminal Law Arguments – and is “Party Presentation” Morphing into a Court-Controlling Rule?

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As the Supreme Court resumes its activities after the winter recess, significant discussions surrounding criminal law are expected to emerge. The first oral arguments of the year will commence on January 12, with a focus on several notable cases, including the pivotal Wolford v. Lopez, which will be argued later in the month. This case, along with others addressing the rights of trans individuals, could have profound implications for criminal law, highlighting the evolving landscape of judicial interpretation in this area. Overview of Upcoming Cases The Supreme Court will hear a total of nine cases … Read more

Chief Justice’s Year-End Report Goes Back to Basics

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In his recent year-end report, Chief Justice John Roberts returns to foundational principles that underscore the integrity of the judicial system. This annual report, traditionally released on New Year’s Eve, serves not only as a reflection on the past year but also as a reaffirmation of the judiciary’s commitment to impartiality and the rule of law. Amidst a backdrop of significant political and legal challenges, Roberts emphasizes the enduring importance of judicial independence and the constitutional guarantees that protect it. Reassurance Amidst Controversy Chief Justice Roberts utilized his 2025 report to address perceived threats to … Read more

Reviving Lenity: A Critical Examination of Its Role in American Criminal Law

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The rule of lenity has long served as a cornerstone of American criminal jurisprudence, acting as a safeguard against the arbitrary expansion of criminal liability. This doctrine mandates that courts interpret ambiguous criminal statutes in favor of the defendant, thus ensuring a fair application of the law. As society evolves and legal interpretations change, the revival of lenity is essential to uphold the principles of justice and fairness within the criminal justice system. The Historical Significance of the Rule of Lenity Historically, the rule of lenity has functioned as a constitutional safeguard deeply rooted in … Read more

Party Presentation: A Mysterious New Rule?

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The recent ruling in Clark v. Sweeney has sparked discussions about the implications of party presentation in the legal system. This case, decided by the Supreme Court, introduces a principle that could redefine how courts evaluate arguments presented by parties in criminal cases. The concept of party presentation suggests that courts should rely solely on the arguments made by the litigants, raising questions about the potential consequences for justice and fairness in legal proceedings. The Principle of Party Presentation The principle of party presentation posits that courts are bound to consider only the arguments that … Read more