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October 5, 2015

Previewing the early criminal law cases on the SCOTUS docket

In this post at the Federalist Society blog, Kent Scheidegger provide an effective preview of the handful of Supreme Court cases dealing with criminal law issues that are to be heard by the Supreme Court in the first few weeks of its new Term. As regular readers know and as Kent notes, a number of the early cases involve the death penalty, and this recent Wall Street Journal article highlights the capital case concentration in an article headlined "Supreme Court Docket Loaded With Death-Penalty Cases."

But before the capital case kvetching gets started in earnest, the first criminal justice case to be heard by the Justices comes on Tuesday with Ocasio v. United States.  At SCOTUSblog here, Rory Little has this lengthy preview of Ocasio, which gets started this way:

The Court’s first criminal case of the Term presents a real brain teaser: may a defendant be convicted of conspiracy to commit an offense, when he has the intent necessary to commit the offense but his co-conspirator does not?  The case arises in the specific context of the unusual federal Hobbs Act extortion statute, and getting to the specific question initially requires some complex explanation.  But unless I misunderstand it, the general question is as old as the common law.

October 5, 2015 at 05:11 PM | Permalink


I propose to an undercover police officer a contract to kill my wife, and he suggests I finalize the divorce instead, have I committed a crime?

In this case, the sentence was 15 years and a 75 year protective order to not see the wife or children.


The defense argued, it was just words, and no harm took place.

Posted by: Supremacy Claus | Oct 6, 2015 8:55:36 AM

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