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Litigation United States Supreme Court White Collar Crime

The Supreme Court’s Criminal Law Decisions in 2018

Part One of a Two-Part Article

The United States Supreme Court’s October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. There was only one major criminal law decision this term — Carpenter v. United States — but there were several decisions that defense counsel would do well to study.

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The United States Supreme Court’s October Term 2017 was a good year for criminal defendants in areas as varied as the Fourth Amendment, obstruction of justice, the death penalty, and criminal restitution. As in recent years, the Court continued to express concern about government overreach. This concern often unites justices who do not agree on other issues, as placing limitations on government authority can draw support from both liberal and conservative members of the Court. There was only one major criminal law decision this term — Carpenter v. United States — but there were several decisions that defense counsel would do well to study.

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