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May 27, 2014
Big criminal justice decision day for SCOTUS, including 8th Amendment reversal of Florida's Aktins approach
Clearly the Justices decided to celebrate the Memorial Day week by reminding everyone that the Bill of Rights has a lot of provisions concerning the administration of our criminal justice systems. Returning from the long weekend, the Supreme Court handed down five opinions this morning (four in argued cases, one per curiam), and all but one of the rulings has a criminal justice element. The big one for sentencing fans is the 5-4 Eighth Amendment ruling in Hall v. Florida, No. 12–10882 (S. Ct. May 27, 2014) (available here), which gets started this way:
This Court has held that the Eighth and Fourteenth Amendments to the Constitution forbid the execution of persons with intellectual disability. Atkins v. Virginia, 536 U. S. 304, 321 (2002). Florida law defines intellectual disability to require an IQ test score of 70 or less. If, from test scores, a prisoner is deemed to have an IQ above 70, all further exploration of intellectual disability is fore closed. This rigid rule, the Court now holds, creates an unacceptable risk that persons with intellectual disability will be executed, and thus is unconstitutional.
The other criminal justice rulings in argued cases today concern police use of force and immunity, and the per curiam concerns when jeopardy attaches for the application of the Double Jeopardy clause. How Appealing has its always terrific review of all the essentials (with links) assembled here, and SCOTUSblog is sure to have a lot on all this action in coming posts.
Once I have a chance to read the Hall decision in full, I am sure I will have one or more substantive posts about the decision later today.
May 27, 2014 at 10:33 AM | Permalink
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Not a surprising result. Along with Hitchcock v. Dugger and Ford v. Wainwright, Florida once again tried to limit evidence in a capital case and lost.
Posted by: DaveP | May 27, 2014 11:19:05 AM