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October 10, 2006

Victims' rights and Wednesday's other SCOTUS case

Regular readers know I find victims' rights issues, especially as they intersect with sentencing issues, quite intriguing (see discussion/links here and here and here).  Thus, I am excited for two recent developments that spotlight victims' rights:

1.  The next two issues of the Federal Sentencing Reporter (Volume 19, Nos. 1 and 2) will have lots pieces on a wide array of victims and sentencing topics.  The first of these issues will be going to press soon, and I can provide a taste of coverage by providing an article now in proofs. Douglas Beloof has written a piece entitled "Judicial Leadership at Sentencing under the Crime Victims’ Rights Act: Judge Kozinski in Kenna and Judge Cassell in Degenhardt" which can be accessed here: Download XX.FSR19.1_Beloof.qxd.pdf

2.  On Wednesday morning, in addition to the big California Blakely case (details here), the Supreme Court will hear arguments in Carey v. Musladin, which explores the prejudice that might have flowed from courtroom spectators wearing buttons with pictures of the victim during the defendant's trial.  Basic previews of Carey are available from summaries put together by folks at Cornell here and at Medill here.  Also, the Criminal Justice Legal Foundation has issued this press release giving its view of this case.

The eventual ruling in Carey may end up being more about habeas review standards than about victims' rights.  Still, various groups interested in victims' rights have delivered some interesting amicus briefs in this case.  Helpfully, the Criminal Justice Legal Foundation has assembled Carey briefs at this link.

October 10, 2006 at 07:23 AM | Permalink


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