Addressing Adequate and Independent State Grounds in Florida v. Powell: On SCOTUSblog, Stanford Law student Sam Bateman spends some time discussing the independent state ground presented in Florida v. Powell. Powell addressed whether Miranda v. Arizona required a police officer to advise of a right to have counsel present "during" questioning, and according to Bateman, when it reached the Supreme Court the case also addressed "whether the Florida Supreme Court's decision striking down the Tampa
warning rested on an adequate and independent state law ground." Based on Monday's arguments, Bateman believes there is a slight possibility that the adequate and independent state law question might cause the the Court to refrain from deciding the case. Justice Ginsburg seemed concerned that even if the Court were to issue an opinion the Florida Supreme Court could say, "that's very nice, but we have a Florida Constitution with a counterpart to the Fifth Amendment, so we're just going to have the same opinion, but we are putting it...squarely under the Florida Constitution." Bateman does not appear to believe that the majority of the Court shares Justice Ginsburg's concern. He believes the Court is likely to decide Powell on the merits.
What Lies Ahead for Ohio: At Sentencing Law and Policy, Doug Berman posts some "early questions [and answers] following Ohio's successful one-drug lethal injection execution." His post addresses whether this development proves that the death penalty can be improved, whether it will satisfy the opposition to the three-drug protocol, whether there will be more litigation, and whether Ohio may now execute Romell Broon. Berman's comments on whether the one-drug execution will satisfy opposition is noteworthy. He writes, "...I have long suspected that most (if not all) vocal opponents of three-drug lethal injection protocols are categorical opponents of the death penalty more generally, and thus I suspect there will be little celebration within this crowd tonight."
If Acquitted, Detainees Will Be Deported: Daniel Newhauser writes on Blog of Legal Times that if the 9/11 co-conspirators are acquitted they will be deported. Newhauser reports that in today's hearing before the Senate Judiciary Committee Homeland Security Secretary Janet Napolitano told Senator John Cornyn that "[i]n the off chance" that the co-conspirators are acquitted "they will immediately be placed into removal proceedings and deported." She declined to comment on where the detainees might be deported. According to the post, Napolitano also supports the decision of Attorney General Eric Holder Jr. to try Khalid Sheikh Mohammed and his alleged 9/11 co-conspirators in a New York federal court. She stated that she did not consult with the attorney general because "[t]hat is a prosecution decision, and I think it was properly made by the attorney general."
"[I]t's our job as a society to put an end to" brutal teen violence: On Women in Crime Ink, Robin Sax wonders how young children have become so brutally violent, and why witnesses to gang rapes and stabbings don't report the violence occurring right in front of them. She reports on four recent crimes where witnesses sat by and watched a rape, stabbing or beating occur, and did not do anything. She chastises society for being "ambivalent, negative, and accustomed to blaming the victim." She writes that the best way to prevent teen violence is to show children "that along with our rights as citizens come responsibilities to the other people in our community." In other words, we must not look away from crime and violence, but address it head on.
What Lies Ahead for Ohio: At Sentencing Law and Policy, Doug Berman posts some "early questions [and answers] following Ohio's successful one-drug lethal injection execution." His post addresses whether this development proves that the death penalty can be improved, whether it will satisfy the opposition to the three-drug protocol, whether there will be more litigation, and whether Ohio may now execute Romell Broon. Berman's comments on whether the one-drug execution will satisfy opposition is noteworthy. He writes, "...I have long suspected that most (if not all) vocal opponents of three-drug lethal injection protocols are categorical opponents of the death penalty more generally, and thus I suspect there will be little celebration within this crowd tonight."
If Acquitted, Detainees Will Be Deported: Daniel Newhauser writes on Blog of Legal Times that if the 9/11 co-conspirators are acquitted they will be deported. Newhauser reports that in today's hearing before the Senate Judiciary Committee Homeland Security Secretary Janet Napolitano told Senator John Cornyn that "[i]n the off chance" that the co-conspirators are acquitted "they will immediately be placed into removal proceedings and deported." She declined to comment on where the detainees might be deported. According to the post, Napolitano also supports the decision of Attorney General Eric Holder Jr. to try Khalid Sheikh Mohammed and his alleged 9/11 co-conspirators in a New York federal court. She stated that she did not consult with the attorney general because "[t]hat is a prosecution decision, and I think it was properly made by the attorney general."
"[I]t's our job as a society to put an end to" brutal teen violence: On Women in Crime Ink, Robin Sax wonders how young children have become so brutally violent, and why witnesses to gang rapes and stabbings don't report the violence occurring right in front of them. She reports on four recent crimes where witnesses sat by and watched a rape, stabbing or beating occur, and did not do anything. She chastises society for being "ambivalent, negative, and accustomed to blaming the victim." She writes that the best way to prevent teen violence is to show children "that along with our rights as citizens come responsibilities to the other people in our community." In other words, we must not look away from crime and violence, but address it head on.
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