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Supreme Court Hears Challenge to Double-Jeopardy Exception

On December 6, the U.S. Supreme Court heard arguments in Gamble v. United States, raising the issue of whether sometimes defendants can face separate trials, and possible conviction and sentencing, for the same violation in both state and federal courts, despite the Constitution’s provision against double jeopardy. The Fifth Amendment to the U.S. Constitution provides,

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Once Again, New Hampshire Almost Abolishes the Death Penalty

The New Hampshire legislature this spring passed S. 593, a bill to abolish the state’s death penalty, and, effective at the start of next year, replace it with mandatory life imprisonment without parole. On June 21, Gov. Christopher Sununu (R) vetoed the measure. Sununu’s veto message defended his state’s restraint with the death penalty: only

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States Act to Protect Detainees from Frisky Officers

Police can take people into custody for various reasons, and numerous laws limit and define what can happen after. The legislatures and governors of two states recently acted to place one significant new restriction on police-detainee interactions: having sex has been legislated to be taboo, something detainees cannot legally consent to. It’s not as though

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Oklahoma Plans First U.S. Execution with Nitrogen Gas

Oklahoma Attorney General Mike Hunter and Director of Corrections Joe Allbaugh on March 14 jointly announced the state plans to adopt an execution method never before used in the United States: asphyxiation by nitrogen gas. In 1977, Oklahoma’s medical examiner devised a multi-drug lethal injection protocol, as an alternative to electrocution or hanging. The state

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Trump Administration Reportedly Eyeing Death Penalty for Drug Dealers

President Trump has sent several recent signals supporting making drug dealing punishable by death. The Washington Post reported on March 9 that both the Department of Justice (DOJ) and the Domestic Policy Council are looking at legislative proposals to let prosecutors seek the death penalty in federal drug-dealing cases. According to the Post article, the

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Federal Judge Knocks Down Florida’s Way of Restoring Felons’ Voting Rights

Feb. 1st, a federal judge reviewing how Florida handles restoration of felons’ voting rights ruled it unconstitutional because the process gives the Florida Executive Clemency Board sweeping, unregulated power to decide whether to re-enfranchise former felons. Tallahassee-based district judge Mark E. Walker decided that violates applicants’ First Amendment rights of free speech and association and

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Louisiana Indigent Defendants Face Death Penalty Without Lawyers

The indigent defense crisis in Louisiana continues, but it is now taking a new and more ominous direction. To fund local public defenders, the state has taken $3 million from capital defenders, leaving at least 11 Louisiana defendants who are facing the death penalty without a lawyer. New Orleans Chief Defender Derwyn Bunton’s decision to

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Damning report finds serious issues with youth prison

From understaffing to suicides, youth are underserved in the juvenile justice system. The Long Creek Youth Development Center in South Portland, Maine, has deep roots — 165-year-old ones. The center’s first iteration was the Boys Training Centre in 1853, when it functioned as a rehabilitation facility for young male offenders. In 1976 it rebranded as

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High Court Stays Execution Where Judge Overrode Jury Recommendation

A little over two years ago, the U.S. Supreme Court in Hurst v. Florida ruled 8-1 it was unconstitutional for state judges to overrule jury sentencing recommendations in death penalty cases. The high court ruled a criminal defendant’s Sixth Amendment right to a trial by jury was violated if the jury was not permitted to

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