Back in Black

The U.S. Supreme Court opens a new term today, and of course there is a new face in the line-up as Justice Sonia Sotomayor begins her tenure after replacing retired justice David Souter.

There will be several cases of interest to criminologists before the Court this session:

The court is also taking on the issue of gun rights again. Last year, the court declared for the first time that the constitutional right to bear arms is an individual right that puts some limits on federal laws and regulations. Specifically, the court struck down a total ban on handguns in the District of Columbia.

This term, in a case involving a Chicago gun ban, the court examines whether the same limits apply to state and local laws.

In the criminal law field, two cases from Florida test whether it is unconstitutionally cruel and unusual punishment to sentence a minor to life in prison without parole for crimes that do not involve a death.

One case involves a 13-year-old sentenced to life in prison without parole for sexual battery. The other case involves a 17-year-old sentenced to life after violating his probation for an earlier armed robbery.

As for white-collar criminal law, the court will examine the federal law that allows business executives to be prosecuted for depriving shareholders of their honest services — and similarly allows prosecutors to bring charges against public officials for depriving citizens of their honest serves.

At least one justice, Antonin Scalia, has suggested that the expansive phrase "honest services" invites abuse by headline-grabbing prosecutors, because it's so broad that no citizen can know what conduct is illegal.

Have a thought about the criminal law (or other) cases before the SCOTUS this term? Let us know in the comments!

P.S. Like the post title? Here's a little AC/DC to kick off your Monday!