Criminal Justice at the Supreme Court

by Matt Kelley · 2008-11-10 05:54:00 UTC
Topics:

Today is a big day for criminal justice and the rights of defendants at the U.S. Supreme Court. The justices will hear oral arguments in three criminal justice cases. Here are summaries from the SCOTUS blog:

  • Chambers v. United States (06-11206), on whether failure to report to prison is a “violent felony” under the Armed Career Criminals Act.
  • United States v. Hayes (07-608), on whether federal gun laws require a domestic relationship between an attacker and victim to qualify as a misdemeanor crime of “domestic violence.”
  • Melendez-Diaz v. Massachusetts (07-591), on whether the Confrontation Clause gives criminal defendants a right to cross-examine forensic analysts who prepare laboratory reports for use in their prosecution.

Doug Berman at the Sentencing Law and Policy blog points to Hayes as one of the term's biggest sleepers. While the case seems to be a minor statutory clarification, Berman writes that it raises some tricky 2nd Amendment questions. Now that the Court has ruled in Heller that individuals have a right to possess a gun, does this mean other laws restricting gun ownership are unconstitutional as well, including the domestic violence law in Hayes case?

I have had my eye on Hayes as a potentially important Second Amendment case even since cert was granted back in March.  Of course, the subsequent Heller ruling finding an individual right to firearms in the home for self-protection added to the potential importance of Hayes.

And Melendez-Diaz is on the radar of the Innocence Project (my employer when I'm not blogging here) and other groups concerned with forensic science in the courtroom. The Innocence Network (which includes the Innocence Project and more than 30 affiliated organizations) filed an amicus brief in the case arguing that the right to challenge forensic evidence is critical to preventing wrongful convictions.

Matt Kelley is the Online Communications Manager at the Innocence Project and a graduate of the Medill School of Journalism at Northwestern University. Follow him on Twitter @mattjkelley.
PREVIOUS STORY:
Do Guns Reduce Crime?
NEXT STORY:
Make the Call! Stop the Torture of Special Needs Children in Massachusetts

COMMENTS (0)

    Comment Policy

    · All fields are required to comment.

    [X]

    Comments on Change.org are meant for further exploration and evaluation of the campaign on Change.org. To that end, we welcome constructive comments. However, we reserve the right to delete comments which, as determined solely in our discretion: (1) are offensive, abusive, or off-topic; (2) include content solely intended to personally attack the campaign creator, (3) are designed to subvert or hijack comment threads rather than contribute to them; and/or (4) violate our terms of service and/or privacy policy. Repeat offenders may be permanently removed from the site at our discretion. Please also be advised that: (A) we do not actively curate and/or monitor in any manner whatsoever the comments made on the Change.org platform, and (B) the creator of each campaign on Change.org may remove any comment at her/his/its discretion.