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Notable criminal law perspectives on Justices old and new

By Douglas A. Berman

Around the blogosphere are some interesting new posts on some criminal law work by current and likely future Supreme Court Justices. First, David Oscar Markus explains in this interesting post why he views Justice Scalia as "by far the most friendly Justice to criminal defendants."   I think David's perspective is a bit too skewed by Justice Scalia's strong rhetoric when he (only sometimes) votes for a criminal defendant, David makes this sound point on the interesting topicof criminal law and stare decisis: I'm happy when Justice Scaliaisn't a prisoner to stare decisis.  If he was, we wouldn't have Crawford, Blakely, Gant, etc. I'm glad he's questioning cases that have been on the books for years because the law is more pro-government right now than it has ever been...continue to full post

Full post as published by Sentencing Law and Policy on May 29, 2009 (boomark / email).