NCJ Number
34572
Journal
Military Law Review Volume: 69 Dated: (SUMMER 1975) Pages: 1-33
Date Published
1975
Length
33 pages
Annotation
THIS ARTICLE EXAMINES THE SHIFT IN UNITED STATES SUPREME COURT CRIMINAL PROCEDURE DOCTRINE (FROM THE WARREN COURT PRECEDENTS) EVIDENCED BY THE DECISIONS OF THE BURGER COURT, PARTICULARLY THOSE SINCE 1973.
Abstract
THE DISCUSSION FOCUSES ON THE CHANGING CONSTITUTIONAL FRAMEWORK FOR THE INVESTIGATION, TRIAL, AND REVIEW OF CRIMINAL PROSECUTIONS; THE NATURE OF APPROPRIATE LEGISLATIVE RESPONSE; AND THE POTENTIAL MAGNIFICATION OF STATE CONSTITUTIONAL INTERPRETATION AND LEGISLATION THAT HAS BEGUN AS A RESULT OF ALTERED FEDERAL CONSTITUTIONAL DOCTRINES. THIS SHIFT IN INTERPRETATION BETWEEN THE WARREN AND BURGER COURT ERAS IS ILLUSTRATED AND ANALYZED IN TERMS OF THE PROPER JUDICIAL ROLE IN CONTROL OF POLICE INVESTIGATION, APPROPRIATE TECHNIQUES OF MANAGING JUDICIAL CASELOADS, THE RESTORATION AND EXPANDED USE OF THE RELATIVE DUE PROCESS STANDARD, AND A MODIFICATION OF THE ASSIGNMENT OF RESPONSIBILITY TO REGULATE CRIMINAL PROCEDURE BETWEEN THE STATE AND FEDERAL COURTS. THE AUTHOR SUGGESTS THAT THIS SURVEY OF THE PRESENT COURT'S DECISIONS BETWEEN 1973 AND MID-1975 CLEARLY APPEARS TO CONFIRM THAT (1) THERE WILL BE INCREASINGLY LESS EFFORT TO CONTROL POLICE POWER THROUGH EXCLUSIONARY RULES OF EVIDENCE; (2) THE EXCLUSIONARY RULES THEMSELVES MAY SHRINK GRADUALLY TO LITTLE OR NOTHING, PARTICULARLY IF SATISFACTORY ALTERNATIVE REMEDIES ARE DEVELOPED; (3) LEGISLATIVE BODIES WILL BE MUCH FREER TO EXPERIMENT WITH NEW SOLUTIONS TO LAW ENFORCEMENT PROBLEMS, PARTICULARLY THOSE OF URBAN AREAS; (4) NO NATIONWIDE CONSTITUTIONAL STRAIT JACKET WILL BE IMPOSED ON THE STATES; AND (5) RATHER INDEFINITE WARNINGS WILL BE LAID DOWN UNDER THE DUE PROCESS CONCEPT TO FORCE STATES TO REEXAMINE LEGISLATION IN AREAS WHICH HAVE NOT TRADITIONALLY BEEN TOUCHED BY CONSTITUTIONAL CONTROLS. HE CONCLUDES THAT THE OPERATIVE ASSUMPTIONS OF THE WARREN COURT HAVE LARGELY BEEN REPLACED. (AUTHOR ABSTRACT MODIFIED)