Cohen Law Offices

Get The Help You Need

Call Us Today!

THE SUPREME COURT’S CRIMINAL DEFENSE REVIEW

Michael Cohen • October 8, 2019
Criminal Defense Case Review — Eau Claire, WI — Cohen Law Offices
Coming up in October the Supreme Court is reviewing 50 criminal defense cases for the term that opens on Monday, October 7. Opening day starts with two big cases. First, the justices will consider whether a state may constitutionally eliminate any defense of insanity to criminal charges. The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal defense case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act. Second, the court will address whether the “unanimous verdict” requirement for criminal jury trials under the Sixth Amendment necessarily applies to all the states under the 14th Amendment’s incorporation doctrine.

The second week, October 16, they focus on considering the life-without-parole sentence for juveniles. There are approximately 2,100 individuals sentenced mandatorily as juveniles to life without the possibility of parole, they now have a chance for release depending on the Supreme Court’s decision. That same day, the court will consider a criminal case involving immigration forms. The court’s early-term focus on immigration questions undoubtedly reflects the current national concerns about immigration issues and their consequences.

A few other criminal defense cases the justices will be going over is which authority (state or federal) has jurisdiction to prosecute major crimes allegedly committed by Indians primarily in Oklahoma, they will evaluate the 2nd amendment gun control laws and the justices will address questions revolving around the use and evaluation of mitigating evidence in capital cases.

The Supreme Court’s cases in October are usually decided by early spring but those are sometimes overshadowed by new grants of review. We will have to stay tuned to see what they decided on these important cases.

If you have questions regarding criminal charges you are facing or a loved one facing criminal charges please call Cohen Law Office today at (715) 514-5051.
Share by: