Monthly Archive: November 2024

Crime Measures on the Ballot

by · Nov 5, 2024 11:59 am

National Public Radio has this article by Meg Anderson on crime-related measures on the ballot in various states. And of course, because it is NPR, the article lists to the left. Even so, it does have some interest.

California’s Proposition 36 is described as ” a proposition that would undo changes made a decade ago that lessened the punishments for certain crimes.” That is potentially misleading. It doesn’t repeal 2014’s Proposition 47, but rolls back some of its more poorly thought-out provisions. “Among other changes, the proposed proposition would turn some misdemeanors – certain kinds of theft and drug crimes – into felonies, and lengthen some prison sentences. It would also require people facing certain drug felonies to go through treatment.” That’s a decent quick summary. Continue reading . . .

SCOTUS’s Unclear Reversal of Capital Case It Deems “Unclear”

by · Nov 4, 2024 10:31 am

The U.S. Supreme Court has finally acted on Alabama’s petition in the case of murderer Joseph Clifton Smith. The high court’s repeated relisting of this case for consideration in an unprecedented number of conferences has drawn considerable speculation as to what was going on.

The high court did not take the case up for full briefing and argument but instead sent it back to the Eleventh Circuit for a do-over. That is most unfortunate, because they failed to clean up a mess of their own creation.

In the 1989 case of Penry v. Lynaugh, the Supreme Court ruled correctly that its precedent in Lockett v. Ohio requires capital sentencing juries to consider mental retardation (as it was then known) as a mitigating circumstance. (Whether Lockett itself was correctly decided is another question. See this article.) In 2002, the high court decided that wasn’t good enough, and it made mental retardation (as it was still known then) a categorical exclusion. Along with the constitutional problems, there is a huge practical problem. The Court tried to draw a bright-line rule with a paint roller.

Intelligence is a continuous spectrum, and the breakdown into categories is entirely a human construction. There are no natural dividing lines set by objective science. The lines are therefore subject to manipulation, as discussed in this post. Continue reading . . .

Supreme Court Takes Up Drug Smuggler Deportation Case

by · Nov 4, 2024 9:11 am

The U. S. Supreme Court issued an orders list today, taking up one case, Riley v. Garland, No. 23-1270. Pierre Riley is a citizen of Jamaica, caught eight years ago smuggling over a metric ton of marijuana. Upon his release from prison, the immigration authorities began deportation on the ground that he had committed an aggravated felony.

An immigration judge granted Riley’s application for asylum, but the Government appealed to the Board of Immigration Appeals, which reversed and reinstated the deportation order.

The case involves technical questions regarding the jurisdiction and timing for a federal court of appeals to review immigration decisions. Continue reading . . .