NCJ Number
7671
Journal
Texas Law Review Volume: 50 Issue: 7 Dated: (NOVEMBER 1972) Pages: 1409-1427
Date Published
1972
Length
25 pages
Annotation
SUPREME COURT DECISIONS ON THE POWER OF THE FEDERAL JUDICIARY TO PROTECT CONSTITUTIONAL RIGHTS BY DECLARATORY JUDGMENTS AND INJUNCTIONS AGAINST STATE PROSECUTIONS.
Abstract
BOTH THE JUDICIAL DECISIONS AND THEIR UNDERLYING PRINCIPLES ARE ANALYZED TO DEMONSTRATE THE CAREFUL BALANCING OF STATE AND FEDERAL INTERESTS THAT ARE NECESSARY IN THESE CASES UNDER CURRENT GUIDELINES, FEDERAL JUDICIAL INTERVENTION INTO STATE CRIMINAL PROCEEDINGS IS NARROWLY CONFINED. IF THE PROCEEDING IS PENDING, THE FEDERAL COURT WILL NOT INTERVENE UNLESS DEFENDANT CAN SHOW PROSECUTORIAL BAD FAITH. IF THE PROCEEDING IS PROSPECTIVE, THE BOYLE DECISION PROVIDES THAT DEFENDANT LACKS STANDING TO SEEK FEDERAL INTERVENTION UNLESS HE CAN SHOW A SPECIFIC THREAT OF PROSECUTION. THE ALMOST UNANIMOUS DECISIONS IN THE YOUNGER AND SAMUELS CASES INDICATE THAT THE COURT REMAINS SUBSTANTIALLY DIVIDED ONLY WHEN THE THREATS ARE MADE AND THE DEFENDANT WINS THE RACE TO THE COURTHOUSE. AUTHOR ABSTRACT MODIFIED