Lexington, KY 40506-0048
- Clark Neily, Institute for Justice
The Supreme Court issued a number of notable opinions in the area of criminal law during the recently concluded term. Members of the Federalist Society’s Criminal Law & Procedure Practice Group Executive Committee offered their analysis on recent developments in the Supreme Court’s criminal law jurisprudence and fielded questions from a call-in audience.
The Supreme Court’s decision last Term in Missouri v. McNeely is an important one for judges and attorneys involved in criminal matters in state courts. In McNeely, the Court decided that the exigency exception to the warrant requirement does not always apply to the taking of blood from the driver to determine his or her blood-alcohol level, even though alcohol dissipates in the blood over time. In this Teleforum, we examined the implications of the McNeely decision, including whether any of the other exceptions to the warrant requirement apply, its implications for state-court judges and practitioners, and how McNeely fits within the framework of other recent Fourth Amendment decisions of the Supreme Court.
On April 23, 2014, the Supreme Court decided Paroline v. United States, a case involving the efforts of “Amy,” a victim of child pornography, to collect the full amount of damages owed to her. In a 5-4 decision, the Court held that Amy could not collect the full $3.4 million in damages from one man convicted of possessing two images of her, because defendants should only be made liable for the consequences and gravity of their own conduct, not the conduct of others. University of Utah Professor Paul G. Cassell, who argued for Amy at the Supreme Court, discussed the impact of the decision, as well as current Congressional efforts to ensure that victims of child pornography are not forced into a lifetime of litigation to extract damages from those involved in their abuse. He was joined by John G. Malcolm, Chairman of the Federalist Society’s Criminal Law & Procedure Practice Group.