United States v. Sisson

United States v. Sisson, 399 U.S. 267 (1970), was a legal case decided by the United States Supreme Court in 1970. The case is related to Selective Service law.[1]

United States v. Sisson
Argued January 20–21, 1970
Decided June 29, 1970
Full case nameUnited States v. Sisson
Citations399 U.S. 267 (more)
90 S. Ct. 2117; 26 L. Ed. 2d 608
Case history
PriorUnited States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969)
Court membership
Chief Justice
Warren E. Burger
Associate Justices
Hugo Black · William O. Douglas
John M. Harlan II · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Case opinions
MajorityHarlan, joined by Brennan, Stewart, Marshall; Black (only as to II-C)
DissentBurger, joined by Douglas, White
DissentWhite, joined by Burger, Douglas
Blackmun took no part in the consideration or decision of the case.

In this case, the jury recorded a verdict of guilt, but the judge then ordered an acquittal.[2] The government appealed, but the Supreme Court held that the government had no power to appeal a verdict of acquittal, no matter how wrong the legal basis was for the acquittal.

Sisson was "the first important case won by a selective conscientious objector", a person who asserted that they were not opposed to serving in a war generally, but objected to serving in a specific war which they believed to be immoral.[3]

References

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  1. ^ United States v. Sisson, 399 U.S. 267 (1970).
  2. ^ United States v. Sisson, 297 F. Supp. 902 (D. Mass. 1969).
  3. ^ Thomas Scanlon, Richard B. Brandt, War and Moral Responsibility (1974), p. 167.
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