Criminal Justice Decisions of the Supreme Court of the United States: 1989 Term

Abstract

The last decisions of the Supreme Court's 1989 term were delivered on June 27, 1990. Fourth Amendment and death penalty issues, which are perennial leaders on the criminal justice side of the Court's docket, occupied an even greater than usual proportion of full review cases. Among the search and seizure topics addressed were protective sweeps, the rights of an overnight guest, anonymous tips leading to investigative detentions, and a state's use of sobriety checkpoints. The primary focus of the capital punishment decisions was upon the definition and role of aggravating and mitigating factors. Two cases considered the relationship between the right to counsel and the protection against compulsory self-incrimination in the context of Miranda requirements, and another dealt with the use of a videotape of the behavior of a DUI arrestee. In the area of fair trial, the Court revisited the ongoing debate over the racial factor in jury selection and offered hope to states that are attempting to facilitate the testimony of child victims. Among the controversial issues addressed by the Court beyond the context of criminal procedure were the administration of antipsychotic medication to an unwilling prison inmate, the power of Congress to criminalize flag desecration, and the use of controlled substances as part of a religious ceremony.