Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Elkton Criminal Defense’

Justice Gorsuch and the Fourth Amendment

I have copied and pasted an Article for the ScotusBlog about our newest Supreme Court Associate Justice and his Search and Seizure rulings.  Most people who are not familiar with the judicial philosophy of "originalists" think that rule against criminal defendants all the time.  Nothing could be further from the truth.  The late Justice Scalia resurrected the Confrontation Clause which now results in previously admissible hearsay being ruled inadmissible in court.  Domestic Violence prosecutions rely upon 911 tapes that were always admissible and now are not automaticaly so. The same applies to sentencing enhancements whose applications  may now require a jury to determine instead of the judge at sentencing.  The conservatism that liberals fear on social issues does not apply to protections contained in the Bill of Rights for those accused of crime.  The article below is technical in some respects but interesting.  For the people charged with an offense who are reading this Blog, Justice Gorsuch insists that your rights as a citizen not be violated no matter what the offense.  His appointment to the Supreme Court insures that there are not two standards for the Bill of Rights that would depend upon whether or not you are charged with a crime.

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  • Gary S. Bernstein, P.A.
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  • Towson, Maryland 21204
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