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Articles Posted in United States Supreme Court

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United States Supreme Court Ruling Permits Police to Take DNA Samples After Arrest

Today, in a 5-4 decision the United States Supreme Court issued its opinion in Maryland v. King. The ruling allows police to take a DNA sample from a suspect who has been arrested. Summarized, the decision written by Justice Kennedy holds that when the police make an arrest supported by…

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Supreme Court Holds That Life Sentence For Juvenile Convicted Of Nonhomicide Offense Unconstitutional

In Graham v. Florida the Supreme Court of the United States held that the Eighth Amendment’s prohibition against cruel and unusual punishment prohibits a juvenile offender to be sentenced to life in prison without parole for a nonhomicide crime. In 2003 Graham was sixteen years old. He and some friends…

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United States Supreme Court Rules That Right To Public Trial In Criminal Cases Extends To Impanelment Process

In January of this year, in the case of Presley v. Georgia the United States Supreme Court ruled that included in the Sixth Amendment right to a public trial is the right to have the courtroom open during the jury selection process. Presley was tried and convicted of Cocaine Trafficking…

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Supreme Court Holds That Eight Amendment Prohibits Death Penalty For Rape Of A Child

In Kennedy v. Louisiana, 128 S. Ct. 2641 (2008) the United States Supreme Court held that under the Eight Amendment to the United Stated Constitution the death penalty cannot be imposed where the crimes did not result in the death of the victim and where death was not an intended…

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United States Supreme Court Examines “Forfeiture By Wrongdoing Doctrine” Post Crawford

In Giles v. California, slip opinion June 25, 2008 the United States Supreme Court examined at the doctrine of forfeiture by wrondoing in the context of its decision in Crawford v. Washington, 541 U.S. 36 (2004).  Giles was convicted for the 1992 shooting and killing his girlfriend.  At trial, prosecutors…

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United States Supreme Court Holds That U.S. Appeals Courts Cannot Increase Sentences On Their Own Initiative

In Greenlaw v. United States ____ U.S. ____ (2008) decided on June 23, 2008, the United States Supreme Court overturned an Eighth Circuit Court of Appeals decision that increased a defendant’s sentence by fifteen years.  The defendant was charged with various drug and firearm offenses.  The government alleged that he…

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