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Criminal Law

: Grits for Breakfast

SCOTUS to review Miranda, civil commitments

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Via SCOTUSBlog, I notice the Supreme Court this week agreed to hear two interesting looking criminal cases:Docket: 08-1175 Title: Florida v. PowellIssue: Must a suspect be expressly advised to his right to counsel during questioning and if so, does the failure to provide this express advice vitiate Miranda v. Arizona? Opinion below (08-1175, Supreme Court of Florida)Petition for certiorari (08-1175)Brief in opposition (08-1175) Docket: 08-1224Title: United States v. ComstockIssue: Whether Congress had the constitutional authority to enact 18 U.S.C. 4248, which authorizes court-ordered civil commitment by the federal government of (1) ?sexually dangerous? persons who are already in the custody of the Bureau of Prisons, but who are coming to the end of their federal prison sentences, and (2) ?sexually dangerous? persons who are in the custody of the Attorney General because they have been found mentally incompetent to stand trial...continue to full post

Full post as published by Grits for Breakfast on July 01, 2009 (boomark / email).

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