Missouri v. Frye – Maybe the defense lawyer and not the defendant should go to jail.
Galin Frye was a serial revoked-license driver, with 3 convictions on his rap sheet. Arrested for a 4th time for driving with a revoked license, Frye was charged with a felony carrying a maximum term of 4 years in prison. The prosecutor sent Frye’s lawyer a letter: if Frye pleaded guilty, the charge would be reduced to a misdemeanor and the prosecutor would recommend a 90 day sentence.
It Can Be Tough to be a Juror!
Many people cringe when they get a notice of jury service, anticipating possible disruption to their daily lives. But the perils of jury service can be much greater.
The Double Jeopardy Clause of the US Constitution bars the government from trying a defendant twice for the same crime. So assume that a defendant is charged with first and second degree murder. The jury acquits the defendant of first degree murder, but is “hung” because it can’t agree on whether to convict the defendant of second degree murder. The government can re-try the defendant for second degree murder, but not for first degree murder.
Miranda v. Arizona, the 1966 US Supreme Court case that is familiar to anyone who has ever seen a TV cop make an arrest, requires that police officers warn suspects who are “in custody” that they have a right to remain silent and to speak to an attorney. How the Miranda rule should apply to prison inmates, who are after all in custody 24/7, has been a thorn in many judges’ sides.
UNDER WHAT CIRCUMSTANCES CAN CUSTODY AND VISITATION ORDERS BE CHANGED?