Public Safety

All the Supreme Court Justices, even those not living in the D.C. area at the time, will remember the D.C. Snipers. Malvo’s case before the High Court is complicated.

In Miller v. Alabama (2014) the Supreme Court held that juvenile offenders convicted of homicide can’t receive a mandatory sentence of life imprisonment without parole. Instead the sentencing court must take into account how children are different from adults and only sentence the “rare juvenile offender whose crime reflects irreparable corruption” to life imprisonment without parole. In Montgomery v. Louisiana (2016) the Supreme Court held that Miller’s rule applies retroactively to juveniles convicted and sentenced before Miller was decided.  

The question in Malvo v. Mathena is whether Lee Boyd Malvo may have his sentences of life imprisonment without the possibility of parole, issued before Miller, reconsidered under Miller even though they weren’t mandatory.

The technical legal question the Supreme Court will address in Kahler v. Kansas is whether the Eighth and Fourteenth Amendments permit a state to abolish the insanity defense. In more colloquial terms, the question is whether states may abolish a defense to criminal liability that mental illness prevented a defendant from knowing his or her actions were wrong. Five state have done so—Alaska, Idaho, Kansas, Montana, and Utah.

James Kahler was sentenced to death for fatally shooting his wife, her grandmother, and his two daughters. Kahler presented the testimony of a forensic psychiatrist who stated that Kahler was suffering from severe major depression at the time of the crime and that “his capacity to manage his own behavior had been severely degraded so that he couldn't refrain from doing what he did.”

In Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972), five Justices agreed that the Sixth Amendment requires unanimous jury verdicts in federal criminal cases. Five Justices also agreed that jury verdicts in state criminal cases don’t have to be unanimous. In Ramos v. Louisiana the Supreme Court will consider overruling the latter holding in Apodaca and Johnson. Only Oregon and Louisiana allow non-unanimous jury verdicts in criminal cases.

Evangelisto Ramos was convicted 10-2 of second-degree murder based solely on circumstantial evidence and was sentenced to life in prison without the possibility of parole.

Ramos argues that the Fourteenth Amendment fully the Sixth Amendment guarantee of a unanimous verdict against the states.

In Madison v. Alabama the Supreme Court held 5-3 that the Eighth Amendment prohibits a person who lacks a “rational understanding” due to mental illness for why the death penalty has been imposed to be put to death regardless of what mental illness the person is suffering from.  

Vernon Madison was sentenced to death for killing a police officer in 1985. Since then he has suffered a series of strokes and has been diagnosed with vascular dementia. He claims he no longer remembers the crime for which he has been sentenced to death.

In Ford v. Wainwright (1986), the Supreme Court held that the Eighth Amendment’s ban on cruel and unusual punishments disallows executing a person who has “lost his sanity” after sentencing.  The Court “clarified the scope of that category in Panetti v. Quarterman [2007] by focusing on whether a prisoner can ‘reach a rational understanding of the reason for [his] execution.’”

In a unanimous decision in Timbs v. Indiana the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause is “incorporated” or applicable to the states and local governments.

The State and Local Legal Center (SLLC) amicus brief argued for the opposite result. In the alternative, the brief argued that the forfeiture in this case isn’t unconstitutionally excessive. The Supreme Court didn’t reach the latter question. This case will make it possible for criminal defendants in all 50 states to challenge forfeitures as excessive under the federal constitution.

In an unauthored opinion in Moore v. Texas II the Supreme Court concluded Bobby James Moore has intellectual disability. In Atkins v. Virginia (2002) the Supreme Court held that persons with intellectual disability can’t be executed.

As the dissenting Justices point out, the Supreme Court typically opines whether a lower court has correctly applied as a standard and sends the case back to the lower court if it didn’t. The Supreme Court usually doesn’t apply the standard itself. It may have done so in this case because it previously held the Texas Court of Criminal Appeals failed to correctly apply the intellectual disability standard to Moore in Texas v. Moore (2017) (Moore I).

CSG Midwest
Within weeks of being sworn into office, two of the Midwest’s newly elected governors took action on gun legislation, though the two measures have very different aims. South Dakota’s SB 47 was the first bill signed into law by Gov. Kristi Noem. It allows individuals to carry a concealed handgun without a permit. South Dakota joins two other Midwestern states (Kansas and North Dakota are the others) with so-called “constitutional carry” laws, according to the National Rifle Association. South Dakota still has restrictions on who can carry a concealed weapon, The (Sioux Falls) Argus Leader reports, and individuals may still want a permit for reciprocity with other states.

Most, if not all, states have adopted “implied consent” laws where drivers may be tested if police have probable cause to suspect they have been driving while intoxicated. Drivers may withdraw consent and refuse to take a test, subject to penalties. In Birchfield v. North Dakota (2016) the Supreme Court held that generally police must obtain a warrant to require a blood test (versus a breath test) where officers have probable cause.

But what if a driver is unconscious and unable to withdraw consent to a blood test (and unable to take a breath test)? Wisconsin and 28 other states allow warrantless blood draws of unconscious drivers where police have probable cause to suspect drunk driving.

The question the Supreme Court will decide in Mitchell v. Wisconsin is whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.

CSG Midwest
In November, the U.S. Supreme Court heard arguments in a case that could dramatically limit states’ and localities’ ability to levy criminal fines and asset forfeitures. The central question in ...
CSG Midwest
The Michigan Legislature has codified the use of an objective, evidence-based scoring system that determines a prisoner’s probability of parole success. Under ...

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