SUVs and the Security State

Some thought higher gas prices would once and for all end the popularity of SUVs, but the demand for SUVs remained high during 2011. Sales totals for Ford’s Explorer and the Chrysler Groups’ Grand Cherokee, to cite only two SUV models, were higher than in 2010. How might one explain the continuing popularity of these gas-guzzlers which are so prone to rollovers and braking failures?

Studies suggest Americans’ continuing fears about international, domestic, and personal security are part of the answer. Market researchers have in the past found SUV and van purchasers tended to be demographically similar (relatively affluent married couples in their forties with children), but the researchers also discovered that on average SUV purchasers were edgier, less social people with strong fears of crime. It also appears SUV purchasers had less sexual confidence than van purchasers! While SUVs are often advertised as off-road vehicles, few SUV owners drive their vehicles off-road. Instead, SUVs seem to provide many owners with presumably secure private sanctuaries where they might tend to their fears. (See Keith Bradsher, “Delving Into the Pysche of SUV and Minivan Buyers,” Financial Post, July 18, 2000, C3.)

To some extent, the Hummer was the ultimate SUV. A military vehicle used by the armed forces in the First Gulf War, the Hummer was redesigned as a civilian family vehicle, albeit one that maintained its militaristic panache. The recession spelled the end of the Hummer what with its ten-miles-per-gallon fuel efficiency, but Hummers on the streets of American cities at the turn of the century wonderfully suggested the bourgeoning security consciousness. Huge numbers of Americans have a bunker mentality. They are afraid of terrorists, crime, and often social life in general.

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New Database Creates Time-Series Plots of Phrases in U.S. Supreme Court Opinions

Emory and Michigan State Law Schools have teamed up to create a free database that allows you to search for a term or phrase in U.S. Supreme Court opinions (1791-2005) and automatically generate a time-series frequency chart of the phrase’s appearance.

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Intent and the Eighth Amendment: New Restrictions on Sentencing in Cases of Felony Murder?

The felony-murder rule is perhaps the most troubling and controversial surviving relic of the common law of homicide, branding felons as murderers notwithstanding an absence of the sort of culpability otherwise required for a murder conviction.

If we are not going to make culpability-based distinctions in these cases at the guilt stage, then we ought to do so at sentencing, reserving the most severe sentences for those felony-murderers who actually intended to kill.  Some states do indeed recognize this distinction for sentencing purposes, but others do not.  For those in the latter category, the Eighth Amendment might conceivably provide some protection for relatively low-culpability felony-murderers.  The Supreme Court seemed to be moving in this direction in Enmund v. Florida, 458 U.S. 782 (1982), but then in Tison v. Arizona, 481 U.S. 137 (1987), essentially limited Enmund to felony-murderers who lacked any culpability as to the killing and were not even physically present at the time it occurred.

With the Enmund/Tison line of decisions in mind, I thought it quite interesting that the Supreme Court granted cert. last month in two new Eighth Amendment cases presenting contrasting fact patterns that might provide a good platform for further regulation of felony-murder sentencing.

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