deterrence

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23A1061 Michael D. Cohen v. Donald J. Trump, former President of the United States, et al. Second Circuit 2024-05-29 Presumed Complete bivens-action constitutional-rights deterrence fourth-amendment home-confinement retaliation Whether a Bivens remedy is available for a government official's retaliatory revocation of home confinement in violation of a prisoner's constitutiona…
23-7153 Brian J. Dorsey v. David Vandergriff, Warden Missouri 2024-04-07 Denied IFP capital-punishment cruel-and-unusual-punishment death-row deterrence eighth-amendment penological-goals rehabilitation retribution When a death-sentenced person has demonstrated that he has been rehabilitated, does the Eighth Amendment prohibit his execution because the penologica…
23-6632 Jasen Randhawa v. Wisconsin Wisconsin 2024-01-31 Denied Response WaivedIFP constitutional constitutional-rights criminal-procedure deterrence due-process general-deterrence sentencing sentencing-discretion social-science social-science-evidence Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will deter o…
23-5947 Kraig M. Trotter v. United States Third Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP controlled-substances criminal-procedure deterrence due-process federal-sentencing methamphetamine methamphetamines proportional-punishment sentencing-guidelines third-circuit Did the Third Circuit err in failing to consider the disparity in sentencing under U.S.S.G §2D1.1(c) of the Federal Sentencing Guidelines for methamph…
23-36 Liam C. Lattin v. United States Armed Forces 2023-07-12 Denied Response Waived case-by-case case-by-case-analysis categorical deterrence evidence-suppression exclusionary-rule fourth-amendment social-cost suppression Whether the social cost of suppression is determined on a case-by-case basis or has been resolved categorically by this Court's Fourth Amendment juris…
22-7217 Antoine Bryant, Sr. v. United States Fifth Circuit 2023-04-05 Denied Response WaivedIFP deterrence evidence-suppression exclusionary-rule exigent-circumstances fourth-amendment no-knock-warrant search-and-seizure suppression warrant-requirements Whether a no-knock search warrant issued, without any evidence of an exigent circumstance, should result in the evidence being suppressed under the Fo…
22-177 Monica Toth v. United States First Circuit 2022-08-29 Denied Amici (2)Relisted (5) bank-secrecy-act civil-penalties civil-penalty deterrence deterrent-penalty eighth-amendment excessive-fines-clause fbar foreign-bank-accounts Whether civil penalties imposed under 31 U.S.C. § 5321(a)(5) that are avowedly deterrent and noncompensatory are subject to the Eighth Amendment's Exc…
21-7004 Adam L. Ware v. United States Seventh Circuit 2022-01-28 Denied Response WaivedIFP affidavit-deficiency civil-procedure deterrence exclusionary-rule fourth-amendment good-faith-exception recurring-negligence standing systemic-negligence Should the good-faith exception apply when an affiant has been repeatedly warned not to submit deficient affidavits?
20-8043 Carl Wayne Buntion v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-05-17 Denied IFP arbitrary capital-punishment cruel-and-unusual-punishment death-penalty deterrence eighth-amendment retribution Whether carrying out the execution of a man who has spent thirty years under a sentence of death would violate the Eighth Amendment's prohibition agai…
19-7839 Christopher Sanchez v. United States Fifth Circuit 2020-03-03 Denied Response WaivedIFP appellate-review criminal-procedure deterrence due-process imprisonment plain-error-review policy-statement policy-statement-range sentencing sentencing-discretion sentencing-factors sentencing-guidelines Is a single-sentence explanation of 'I believe this addresses the issues of adequate deterrence and protection of the public' procedurally reasonable …
18-7276 Juan Francisco Vega, et al. v. Rebecca Kapusta, Interim Secretary, Florida Department of Children and Families Florida 2019-01-07 Denied Response WaivedIFP administrative-law civil-commitment civil-procedure civil-rights deterrence due-process for-profit-corporation Kansas-v-Hendricks-521-US-346-1997 retribution retribution-and-deterrence statutory-interpretation statutory-oversight May a for-profit corporation enact a system of retribution-and-deterrence by way of policy, in desecration of the dicta of Kansas-v-Hendricks, 521-U.S…