<< News Scan | Main | Remains Disclosed Because of Death Penalty >>


Blog Scan

| 0 Comments
New Zealand Reexamines Its Right to Silence:  At Sentencing Law and Policy, Doug Berman posts a link to Waikato Times article by Jeff Neems.  The article, "Crime Victims Slam Right to Silence," explains the efforts of Sensible Sentencing Trust spokesman Garth McVicar to limit a defendant's ability to hide behind a right to silence.  The Sensible Sentencing Trust is advocating that New Zealand follow Britain's lead to allow police to advise defendants that their silence could be used against them, and in permitting juries to "draw a sensible inference".  Defense lawyers is Waikato criticize the Trust's proposal arguing "The right to silence is fundamental and preserved in the Bill of Rights."  CJLF has looked into this issue before.  Our Spring 2009 Advisory briefly asked whether Miranda should have an English accent.  Berman's post notes Mitchell v. United State discussion of the sentencing aspects of a "right to silence." 

An Analysis on Integrating California's Criminal Justice System:  At Sentencing Law and Policy, Doug Berman posts a link to Professor W. David Ball's SSRN article, E Pluribus Unum: Data and Operations Integration in the California Criminal Justice System. The article details California's less than unified criminal justice system and attempts to integrate the various agencies that oversee California's criminal population.  Ball argues that "integration [of information about each offender] is a crucial part of the future of criminal justice," as offenders travel through the state's various agencies.  Ball's article focuses on how integration should occur, and focuses on "the importance of agreeing on common metrics, the challenge of getting individual agencies to think about how their information and interventions might be reused, and the importance of ensuring that any proposed changes take ordinary business practices into account."

Justice Sotomayor Joins Cert. Pool:  At Blog of Legal Times, Tony Mauro reports that "as expected," Justice Sotomayor has joined the Supreme Court's cert pool.  The controversial pool divvies the Court's cert. petitions between the clerks, and the lone clerk reading the petition authors a memo
recommending whether to grant review.  The memo is then circulated to the Justices in the cert. pool.  The arrangement has been criticized as giving clerks to much power, and Justices Stevens and Alito have decided not to join it.  Mauro reports that at her confirmation hearings, Justice Sotomayor indicated her "approach may be similar to Justice Alito's."  Orin Kerr has his own post on the cert pool on Volokh Conspiracy.  Kerr "tend[s] to disagree" with common criticisms of the cert pool arrangement.   

Supreme Court Pre-Term Panels:  SCOTUSblog writer Kristina Moore posts a list of panels and conferences that will discuss the October 2009 Supreme Court term.  Panels begin this Thursday and continue through the weekend of October 2nd.  Specific information on the panels is contained in Moore's post.

Leave a comment

Monthly Archives