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

  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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