NCJ Number
39219
Journal
University of Pennsylvania Law Review Volume: 125 Issue: 2 Dated: (DECEMBER 1976) Pages: 266-306
Date Published
1976
Length
41 pages
Annotation
REVIEW OF THE EFFECTS OF INCREASING USE BY THE FEDERAL COURTS OF THE NONINTERVENTION INTO STATE COURT MATTERS POLICY SET FORTH BY THE US SUPREME COURT IN YOUNGER V HARRIS (1971).
Abstract
IN YOUNGER AND ITS COMPANION CASES, THE SUPREME COURT HELD THAT PRINCIPLES OF FEDERALISM, COMITY, AND EQUITY FORBID A FEDERAL COURT FROM ENJOINING OR EFFECTIVELY HALTING AN ILLEGAL STATE CRIMINAL PROSECUTION, EXCEPT WHEN THE PETITIONER HAS NO ADEQUATE REMEDY AT LAW AND WILL SUFFER GREAT AND IMMEDIATE IRREPARABLE INJURY IF DENIED RELIEF. THIS ARTICLE EXAMINES THE HISTORICAL DEVELOPMENT OF THE YOUNGER DOCTRINE WITHIN THE CONTEXT OF SUPREME COURT CASE LAW. IN AN ATTEMPT TO FORMULATE THE APPROPRIATE STANDARDS FOR FEDERAL INTERVENTION, THE PROPER SCOPE OF YOUNGER IS CONSIDERED AND EXCEPTIONS TO THE YOUNGER RULE ARE DEFINED. A SET OF STANDARDS IS SUGGESTED TO ALLOW FEDERAL COURTS TO PLAY AN IMPORTANT ROLE IN VINDICATING THE CONSTITUTIONAL RIGHTS OF CRIMINAL DEFENDANTS WITHOUT ENGAGING IN OVERLY BROAD INTERFERENCE WITH STATE PROCEEDINGS. (AUTHOR ABSTRACT MODIFIED)...EB