Trial

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

Hamm v. Smith and the Future of Capital Punishment

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The case of Hamm v. Smith has emerged as a focal point in the ongoing debate surrounding capital punishment and its constitutional implications. This case, which centers on the intellectual disability of Joseph Clifton Smith, raises significant questions about the standards used to determine eligibility for the death penalty. As the legal landscape evolves, the outcomes of such cases may have far-reaching consequences for the future of capital punishment in the United States. The Constitutional Context of Hamm v. Smith At the heart of Hamm v. Smith lies the pivotal issue of whether Smith qualifies … 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

December Docket Dash: Twenty New Likely Relists on Seven Issues

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The Supreme Court is currently navigating a busy docket as it approaches the mid-January deadline for filling out its argument calendar. Among the cases under consideration, a notable trend has emerged involving relisted petitions, particularly those that challenge significant legal issues. This December, twenty new cases are anticipated to be relisted for further examination, reflecting the court’s ongoing engagement with complex legal questions that impact various facets of law and society. Understanding Relists and Their Importance Relists occur when the Supreme Court decides to postpone a decision on a certiorari petition, essentially placing it back … Read more