Nat Hentoff Wrong on Rights? Say It Ain’t So!
The clip above is from a speech Nat Hentoff gave a little while ago, summarizing some of the problems he has with hate crime legislation in general, and with the bill currently being rammed through...
View ArticleMandatory DNA Sampling Constitutional. Expect Ruling to be Upheld.
In a decision sure to be fought before the 9th Circuit, a federal judge in the Eastern District of California yesterday upheld mandatory DNA collection from people merely arrested for federal...
View ArticleSupreme Court Smackdown: Sixth Circuit Gets Lectured on Double Jeopardy
In a unanimous decision today, the Supreme Court held that the Double Jeopardy Clause doesn’t prevent Ohio from re-litigating a capital defendant’s mental retardation, after the state’s highest court...
View ArticleNew 14-Day Rule in Miranda-Edwards Cases
The Supreme Court heard a very important argument this week in the case of Maryland v. Shatzer. It was one of those situations where the oral argument makes a huge difference in the outcome of the...
View ArticleHolder’s Wrong. Terrorism’s No Reason to Relax Miranda
The Washington Post reports that the Obama administration wants Congress to change the Miranda rule, so that in terrorism cases law enforcement will be able to interrogate longer before having to give...
View ArticleUpset by this week’s Miranda decision? Get over it.
So yesterday, the Supreme Court ruled 5-4 in Berghuis v. Thompkins (opinion here) that you need to actually tell the cops that you’re invoking your right to remain silent, if you want them to stop...
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