EXPANDING STATE CONSTITUTIONAL PROTECTIONS AND THE NEW SILVER PLATTER - AFTER THEY'VE SHUT THE DOOR, CAN THEY BAR THE WINDOW

• NCJ Number: 38538
• Journal: Loyola University of Chicago Law Journal Volume: 8 Issue: 1 Dated: (FALL 1976) Pages: 186-208
• Author(s): B A SPEVACK
• Date Published: 1976
• Length: 23 pages
• Corporate Author: Loyola University of Chicago
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IT IS WITHIN THE DOMAIN OF STATE COURT JURISPRUDENCE TO EXTEND INDIVIDUAL PROTECTIONS FURTHER THAN THE U.S. SUPREME COURT SEES FIT.

Abstract

THIS ARTICLE EXAMINES HOW A STATE COURT CAN REST ITS DECISION ON THE CRIMINAL SAFEGUARDS IN THE STATE CONSTITUTION RATHER THAN UPON THE FOURTH AND FIFTH AMENDMENTS OF THE BILL OF RIGHTS, USING CALIFORNIA AND HAWAII CASE LAW AS EXAMPLES. IT THEN CONSIDERS ILLINOIS REACTION TO THE OPTION. ILLINOIS HAS CONFORMED ITS STATE CONSTITUTIONAL PROVISIONS TO SUPREME COURT INTERPRETATIONS OF THE BILL OF RIGHTS, THUS MAKING ITS DECISIONS GRANTING BROADER INDIVIDUAL PROTECTIONS DEPENDENT ON SUPREME COURT TREATMENT. ALSO INVESTIGATED IS THE POTENTIAL PROBLEM OF WHETHER EVIDENCE OBTAINED IN VIOLATION OF THE STATE'S CONSTITUTION (IN STATES INTERPRETING THEIR PROTECTIONS MORE BROADLY FOR DEFENDANTS) COULD BE HANDED ON A 'SILVER PLATTER' TO THE FEDERAL GOVERNMENT AND BE ADMISSIBLE IN A FEDERAL TRIAL.