More on John G. Roberts' Criminal Decisions

Update: Sentencing Law and Policy:

I just received an interesting report that there is a rumor going around on a national death penalty discussion list "that Roberts is a 'pro-life conservative' and personally opposed to the death penalty."

Original Post

The Washington Post reports:

CRIMINAL MATTERS: His votes on the bench have been mixed. He ruled in favor of a man who challenged his sentence for fraud, then said police did not violate the constitutional rights of a 12-year-old girl who was arrested, handcuffed and detained for eating a single french fry inside a train station in Washington.

POLICE SEARCHES: Joined an appeals court ruling in 2004 that upheld police trunk searches, even if officers do not say they are looking for evidence of a crime.

MILITARY TRIBUNALS: Roberts was part of a unanimous decision last week that allowed the Pentagon to proceed with plans to use military tribunals to try terrorism suspects held at Guantanamo Bay.

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  • Re: More on John G. Roberts' Criminal Decisions (none / 0) (#1)
    by Che's Lounge on Sat Dec 17, 2005 at 01:01:25 PM EST
    The cops are going to LOVE this guy.

    Re: More on John G. Roberts' Criminal Decisions (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:25 PM EST
    Re the Guantanamo tribunals case: Note that if the case comes before the Court after Roberts is confirmed, he'll have to recuse himself. Otherwise, I have to believe that decision was a strong part of the reason why Bush nominated him. Re the girl arrested on the subway: Note that it wasn't a criminal matter, strictly speaking, it was a 1983 suit against the police. There's a big difference. For one thing, the theory of liability was equal protection based on an age classification (the law required that juveniles be arrested, while adults be cited). Even I thought it was shaky. Re Robert's crime stance in general: I can't imagine it will be terribly different from SOC's. She was always pro-prosecution, as is Roberts apparently. So things won't change much in that area.