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[Fifth Amendment] White v. Woodall [SCOTUS overturns 6th Court of Appeals]
Cornell Law School ^
Posted on 04/23/2014 12:18:53 PM PDT by topher
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To: FredZarguna
Okay thanks for the explanation....a bit in the weeds for us average citizens but you made it understandable
21
posted on
04/23/2014 1:26:31 PM PDT
by
Nifster
To: Nifster
The Cornell brief at the link is really good at explaining the issues and the arguments made by both sides. I think the Court was mostly interested in firing a shot over the bow of the lower Federal courts with this one.
22
posted on
04/23/2014 1:31:30 PM PDT
by
FredZarguna
(Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
To: Political Junkie Too
Well, what the Federal case law precedents say is that when there is a different determination to be made by the trier-of-fact, the 5th Amendment still applies.
So, for example, if the penalty phase is separate from the guilt/innocence phase, the defendant hasn't waived his rights during the next phase just because he's waived them in the first phase. In other words: "I agreed I was guilty of a crime involving the death penalty. I have made no statement about whether I actually deserve the death penalty. [And you may not assume that in refusing to say anything, I agree with the prosecution that I deserve this punishment.]"
23
posted on
04/23/2014 1:36:00 PM PDT
by
FredZarguna
(Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
To: FredZarguna
Okaaay...
It all seems moot at this point to me. Once convicted, lack of forthrightness and/or cooperation is probably worse on the person than contrition.
But heck, if the convicted wants to go from cooperating during trial to not cooperating during sentencing, more power to him.
-PJ
24
posted on
04/23/2014 1:52:08 PM PDT
by
Political Junkie Too
(If you are the Posterity of We the People, then you are a Natural Born Citizen.)
To: FredZarguna
SCOTUS has been known to do that...9th circus comes to mind
25
posted on
04/23/2014 1:56:29 PM PDT
by
Nifster
To: Political Junkie Too
Looking at his photo I doubt he has two brain cells to rub together. I'm going to guess that this has been a lawyers' playpen since the moment he was apprehended. Here's the flowchart:
- They got the goods on you 100%. You might have a chance if you plead guilty.
- We've got the goods on him 100%. No deals.
- Plead anyway, you've got nothing to lose.
- Don't testify at sentencing. The Jury will hate you.
- We've got one shot at beating the needle: let's see if we've got a reversible error
- And so on...
26
posted on
04/23/2014 4:00:16 PM PDT
by
FredZarguna
(Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
To: topher; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; ...
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
27
posted on
04/23/2014 9:27:54 PM PDT
by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
To: topher
The death penalty is needed more today then ever..and quick trials as well...cut all these dang appeals.
I am not for how our system works today...the criminals multiply like flies in prison, if they aren't hard core going in they sure become that coming out.
Almost all gang members began in prison, learned and were taught how to get away with criminal activity...and further all must pay for the privilege of being in these gangs by doing time in Prison....they know you'll get “educated” in prison. Further jails are full of the insane we let back out on the streets. I have no issue about the death penalty and wish we could get it back.
28
posted on
04/23/2014 11:39:06 PM PDT
by
caww
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