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...nearly three years later, a different detective questioned Shatzer, at which point he admitted abuse. Shatzer now argues this confession is inadmissible because the second police officer, who was unaware of Shatzer's original Miranda request, questioned him without an attorney present. (Read "Four Enduring Myths About Supreme Court Nominees...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

...court has already considered a similar case in 1981's Edwards v. Arizona, in which the court found admissions made by a suspect without the presence of an attorney, which he had requested, inadmissible. But in Edwards, these admissions were made only a day after the suspect had been given his rights - not nearly three years later. The court will be asked to decide whether to treat their decision in Edwards as a so-called "bright-line" rule - that is, one that would create an absolute standard of police conduct in regard to the Miranda rights, regardless of how much...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

...Eighth Amendment precludes cruel and unusual punishment, but it has long been left to the Supreme Court to define exactly what that term means. This court will be asked to consider it again in a pair of cases on the docket. In Sullivan, the petitioner was 13 years old when he was indicted as an adult and sentenced to life in prison without parole in Florida for sexual assault of an elderly woman. In Graham, a 19-year-old violated his parole by committing attempted armed robbery while on parole for two previous robbery attempts he had committed while...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

...making their decision, the court will review its logic in 2005's Roper v. Simmons, which held that individuals could not be sentenced to death for crimes committed under the age of 18, as the court found that minors had a "lack of maturity." The petitioners in Graham and Sullivan are arguing for a similar standard for their noncapital offenses...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

...sales within the city limits. Originally designed to curb violence in the city, the ban has long irked Second Amendment advocates, who take an expansive view of the amendment's wording that the "right of the people to keep and bear arms shall not be infringed." But the Supreme Court had long held that the Second Amendment pertained only to federal laws, until a 2008 decision in District of Columbia v. Heller struck down a ban on handguns in Washington, D.C. The ruling marked the first time the Supreme Court acknowledged an individual right to bear arms, and it opened...

Author: /time Magazine | Title: Five Supreme Court Cases to Watch This Term | 10/5/2009 | See Source »

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