US Supreme Court to determine Adequate Miranda Warnings: A St. Petersburg Times article written by John Frank reports on a case to be heard by the US Supreme Court today to determine whether Kevin Dewayne Powell was adequately advised of his right to an attorney. Powell was arrested on a charge of possession of a firearm by a convicted felon after police saw him leave a room and found a gun under a bed. After being given a Miranda warning, Powell signed a acknowledgment of rights form and confessed to owning the gun. At trial, he changed his story and alleged that police threatened to arrest his girlfriend if he did not take responsibility. He was convicted by a jury and a judge sentenced him to 10 years. In September of 2008, Florida's Supreme Court ruled that authorities needed to expressly convey the right to have an attorney present during questioning, and the Tampa police warning was inadequate. It "suggests to a reasonable person in the suspects shoes that he or she can only consult with an attorney before questioning." Opinion found here. Florida Attorney General Bill McCollum has asked the US Supreme Court to clarify the issue. Tampa Police have since change the wording of the Miranda warning used, but there are Florida cases pending that are asking for clarification on the Miranda issue. Oral argument transcripts are available here.
Support for the Death Penalty: Gant Daily published an article by Jesse Hicks reporting on the support of the death penalty in America. According to professor Suzanna Linn at Penn State, support for the death penalty is on a decline. Linn says "[a]lthough a majority still supports the death penalty in the abstract, fewer and fewer defendants are being sentenced to death both because prosecutors are less likely to seek the death penalty and juries are less likely to mete out a death penalty sentence." Linn believes the decline in support is because of articles like "Trial by Fire: Did Texas execute an innocent man?", which was featured in the New Yorker magazine. Kent's posts have demonstrated the healthy degree of skepticism that must be given to that particular piece. More relevant information can be found by accessing the Gallup polls and by looking at the 35 states that still have Death Penalty statutes.
Support for the Death Penalty: Gant Daily published an article by Jesse Hicks reporting on the support of the death penalty in America. According to professor Suzanna Linn at Penn State, support for the death penalty is on a decline. Linn says "[a]lthough a majority still supports the death penalty in the abstract, fewer and fewer defendants are being sentenced to death both because prosecutors are less likely to seek the death penalty and juries are less likely to mete out a death penalty sentence." Linn believes the decline in support is because of articles like "Trial by Fire: Did Texas execute an innocent man?", which was featured in the New Yorker magazine. Kent's posts have demonstrated the healthy degree of skepticism that must be given to that particular piece. More relevant information can be found by accessing the Gallup polls and by looking at the 35 states that still have Death Penalty statutes.

Leave a comment