GUIDELINES FOR CONTROLLING THE DISRUPTIVE DEFENDANT

• NCJ Number: 6929
• Journal: Minnesota Law Review Volume: 56 Issue: 4 Dated: (MARCH 1972) Pages: 699-717
• Author(s): ANON
• Date Published: 1972
• Length: 19 pages
• Corporate Author: University of Minnesota Law School
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE IMPACT AND IMPLICATION OF ILLINOIS V ALLEN FOR THE TRIAL JUDGE WHEN CONFRONTED WITH AN UNRULY DEFENDANT.

Abstract

THE APPROACH OF THIS ARTICLE WILL BE, FIRST, TO EXAMINE THE LAW PRIOR TO ALLEN TO DEMONSTRATE THAT THE USE OF THE APPROVED CONTROLS MAY ABRIDGE RIGHTS RECOGNIZED AS IMPORTANT CONSTITUTIONAL PROTECTIONS OF THE ACCUSED. SECOND, AN ANALYSIS OF ALLEN WILL SUGGEST THAT, ALTHOUGH CERTAIN LIMITATIONS ON THE TRIAL JUDGE'S DISCRETION ARE IMPLICIT IN THE COURT'S OPINION, THEY ARE INADEQUATE TO PROTECT THE RIGHTS OF THE ACCUSED. THIRD, GUIDELINES WILL BE SUGGESTED WHICH HOPEFULLY WILL AID JUDGES IN DETERMINING HOW TO CONTROL DISRUPTIVE CONDUCT WITHOUT UNNECESSARILY ABRIDGING THE DEFENDANTS CONSTITUTIONAL RIGHTS.