Criminal Defense News

 SUPREME COURT REINSTATES KANSAS DEATH PENALTY

The United States Supreme Court today reversed a December 2004 decision by the Kansas Supreme Court and ruled that the Kansas death penalty statute is constitutional.

“I am pleased that the highest court in this land has recognized the flawed reasoning of the Kansas Supreme Court and now acknowledges the right of the people of Kansas through their elected representatives to impose the most severe penalty against our most heinous murderers,” Attorney General Kline said. “I applaud the decision by the Court.”

In a 5-4 decision, the Court ruled that a state may constitutionally require the death penalty if mitigating and aggravating factors are in equal balance.

On December 17, 2004, the Kansas Supreme Court, on a 4-3 vote, struck down the state's death penalty statute. Attorney General Kline immediately filed a motion to stay the ruling and indicated his intention to seek a reversal of the state Court's decision by the United States Supreme Court. On December 20, 2004, the Kansas Supreme Court granted that stay. Read more at accesskansas.org

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	Did You Know?
	Miranda rule and Miranda rights are important The rule, pronounced in Miranda v. Arizona, that confessions are inadmissible in a criminal prosecution if the police do not advise the suspect in custody of certain rights before questioning. The rights include: a. The right to remain silent and to refuse to answer any questions; b. The right to know that anything the suspect says can and will be used against the suspect in a court of law; c. The right to consult with an attorney and to have an attorney present during questioning; d. The right to have counsel appointed at public expense, prior to any questioning if the suspect cannot afford counsel.