NCJ Number
150999
Journal
NCJA Justice Bulletin Volume: 14 Issue: 6 Dated: (June 1994) Pages: 3,11- 17
Date Published
1994
Length
8 pages
Annotation
The United States Supreme Court ended its 1993-94 term in June with decisions in cases concerning drug taxes, the right to counsel, sentence enhancements, habeas corpus, evidentiary questions, and the right to be free from cruel and unusual punishment.
Abstract
In a Montana drug tax case, the Court disagreed with the State's Supreme Court, ruling that the tax was a second form of punishment and violated the double jeopardy clause of the Constitution. The decision involved a State tax that was collected only after State or Federal fines or forfeitures were satisfied. The cases involved a raid on the Kurth family ranch and the seizure of 2,155 marijuana plants and marijuana-related substances. In Davis v. U.S., the Court rules that if a suspect knowingly and voluntarily waives Miranda right, a police officer may continue to question the suspect until and unless the suspect clearly requests an attorney. In Nichols v. U.S., the Court ruled that a prior misdemeanor conviction, for which the defendant was not represented by counsel and that did not result in a prison term may be used as grounds to enhance a defendant's sentence under the Federal sentencing guidelines. Other decisions related to sentencing in capital proceedings, habeas corpus review, admissibility of testimony under the Federal Rules of Evidence, corrections' officials liability for inhumane conditions of confinement if a risk of serious harm to an inmate is not prevented, and the peremptory strikes of potential jurors based on their religion.