Recent Landmark Criminal Law Decisions of the Supreme Court

The Supreme Court has recently adjudicated some crucial issues regarding criminal matters and constitutional jurisprudence. The Court expanded the constitutional authority vested in Congress, provided defendants with constitutional remedies and protections, indicated that even a substantial amount of publicity surrounding a trial does not warrant a change of venue, left defense attorneys in awe of their new-found obligations, and settled important divisions among the U.S. circuit courts of appeal. Skilling v.US revealed that a change of venue based on a claim of a tainted jury pool presents a difficult, if not impossible task, for criminal defendants. Padilla expanded the Sixth Amendment in determining that deportation is a unique consequence because of the substantial impact on the lives of non-citizens. Holland determined that the time limitations imposed by Congress are subject to equitable tolling. Graham held that a sentence of life in prison without the possibility of parole is cruel and unusual when imposed on a minor for the commission of a non-homicidal offense. Comstock presented the Court with the opportunity to expound on the breadth of the Necessary and Proper Clause.

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Bruce Gould Distinguished Professor of Law; Masters, Doctoral Degrees in International Affairs, Columbia; J.D. Harvard; worked for 10 years as a criminal defense attorney; recipient of numerous honors and awards; publications have focused on International Human Rights issues, Enforcement of Constitutional Rights, and Challenges to the Death Penalty