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Today in Supreme Court History: December 20

  • Writer: captcrisis
    captcrisis
  • Dec 20, 2023
  • 1 min read

United States v. Marion, 404 U.S. 307 (decided December 20, 1971): speedy trial requirement (Sixth Amendment) is not triggered until arrest (here, for business fraud, where prosecutors waited three years before arresting); the accused (or rather, future accused) is still protected by the statute of limitations


Craig v. Boren, 429 U.S. 190 (decided December 20, 1976): denial of Equal Protection when Oklahoma men held to higher drinking age (21) than women (18) (opinion notes how they are treated differently anyway, with drunk men being arrested while drunk women are “chivalrously escorted home”, and how women are more affected by alcohol due to lower body weight such that statute as stands “is actually perverse”)


Hirota v. General of the Army MacArthur, 338 U.S. 197 (decided December 20, 1948): tribunals set up by military government of Japan are not part of federal court system so can’t be appealed from (officers and “high officials” of former Japanese government were jailed after being found guilty of war crimes and sought habeas)

 
 
 

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