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Category: Constitutional Law | SCOTUS
Most people share the common misunderstanding that under our constitution a person cannot twice be put in jeopardy for the same offense. This legal concept is known as “double jeopardy.” The Double Jeopardy Clause is located in the Fifth…
Category: SCOTUS
“Is that presumption based on what we think was really going through Congress’s mind at the time or is it based on a constitutional overlay, because what was really going through Congress’s time [sic] in 1996 was harshness on this…
U.S. Supreme Court nominee Brett Kavanaugh’s September 27, 2018 appearance before the U.S. Senate Judiciary Committee has raised serious questions about his temperament to be a Justice on the highest court in the land.
Kavanaugh’s appearance before the…
In an overly simplistic analogy, Scholastic.com discussed the U.S. Supreme Court by saying it is “… like a referee on a football field. The Congress, the President, the state police, and other government officials are the players. Some can pass…
Category: Criminal Law | SCOTUS
Who controls the defense strategy in a criminal trial: the attorney or the defendant?
That is a question the U.S. Supreme Court will answer in its current term.
Normally, a defense attorney, once he or she accepts a…
Category: Criminal Law | Federal Criminal Law | SCOTUS
President Trump’s abrupt firing of former FBI Director James Comey, and its related political fallout, has dominated the news cycle over the last week or so. This intense political coverage has overshadowed other significant executive actions taken by the president.…
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