Rights of Defendants

Yesterday, the Supreme Court ended its term with a bang with a ruling in McDonald v.

Whether out of circumstance or an emerging trend, where state authority was at issue, this term the U.S. Supreme Court overwhelmingly deferred to state decision makers-- a significant reveral from last year. 

This week, the New Jersey Senate voted to abolish the death penalty in the state, moving closer to becoming the first state to do so since the U.S. Supreme Court reinstated it in 1976. The bill now moves to the Assembly, where it is expected to pass, and Governor Corzine, a staunch opponent of the death penalty, has said he would sign the measure into law.

Maryland, North Carolina , West Virginia, and Vermont all passed legislation this year reforming the eyewitness identification process. Additionally, last year thirteen states passed some form of eyewitness identification reform legislation. In fact, in just two years, 32 bills on eyewitness identification reform were introduced in 17 states, according to the National Association of Criminal Defense Lawyer's state legislation tracking analysis.

Take 1200 prisoners from Arizona, hire Indiana at $64 per day to house them, then ship them 1500 miles from home and loved ones to a private prison in New Castle, Indiana run by the GEO Group, a private prison company that has been repeatedly cited for substandard conditions. When a riot among 500 prisoners broke out last week, with prisoners taking over the facility for two hours, it was hardly surprising to observers.

Twelve years ago, California led the country in passage of a three strikes law that threatened to lock up repeated offenders and throw away the key. Now, having seen the cost to the state and realizing that 60% of three strike offenders are non-violent, a realization is growing that a different route may be more effective.