CRIMESCOTUSBLOG
The Supreme Court’s confusing use of “principles”
The Supreme Court has been criticized for using vague legal 'principles' like 'party presentation' and 'anticircumvention' to summarily reverse lower court decisions in criminal and civil cases, without clearly defining their scope or constitutional basis. The article questions whether these principles function as binding rules or discretionary standards, particularly when they affect prison sentences.
Mentioned
Related Signal
Adjacent reporting
- The theory behind the Southern Poverty Law Center prosecution is flawed
- America's Greatest Strategic Blunder: The Imprisonment of Qian Xuesen
- A Jewish prosecutor filed charges based on law and was recused based on ideology
- Contributor: California law limiting bail is clear. Will judges keep ignoring it?
- Can anyone stop Trump’s preemptive pardon-palooza?
- Namibia: The Gate Is Not the End