NCJ Number
5309
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 61 Issue: 1 Dated: (MARCH 1970) Pages: 51-59
Date Published
1970
Length
9 pages
Annotation
FEDERAL PRISONERS CAN COLLATERALLY CHALLENGE CONVICTIONS PREDICATED ON THE ADMISSION OF ILLEGALLY SEIZED EVIDENCE DESPITE A FAILURE TO RAISE THE ISSUE ON DIRECT APPEAL.
Abstract
THE SUPREME COURT IN A RECENT CASE HELD THAT A FEDERAL PRISONER WHO SEEKS REVERSAL OF HIS CONVICTION UNDER THE FEDERAL POST CONVICTION RELIEF STATUTE MAY RAISE FOURTH AMENDMENT ISSUES NOT PREVIOUSLY RAISED ON DIRECT APPEAL. THE COURT INTIMATED THAT ALL CONSTITUTIONAL CLAIMS ARE COGNIZABLE UNDER THE STATUTE WHENEVER THEY ARE APPROPRIATE IF THE APPLICANT CAN DEMONSTRATE THAT HE IS NOT ABUSING THE REMEDY. THIS RESULT CREATES A FLEXIBLE CATEGORIZATION OF THE GROUNDS AVAILABLE FOR COLLATERAL RELIEF SO THAT EVERY PERSON INDICTED FOR A CRIME WILL BE ENTITLED TO A FULL AND FAIR ADJUDICATION OF EVERY VALID CONSTITUTIONAL IMPEDIMENT ASSERTED REGARDLESS OF PROCEDURAL DEFAULTS. IT IS HEREIN SUBMITTED THAT THE CONSTITUTIONAL PRESERVATION OF INDIVIDUAL RIGHTS AND THE ASSURANCE AGAINST THEIR DEPRIVATION ARE PARAMOUNT TO CONSIDERATIONS OF ADMINISTRATIVE TIME PRESSURE AND, THEREFORE, A MECHANISM FOR COLLATERAL RELIEF SHOULD BE AVAILABLE TO INSURE THE CONSTITUTIONAL INTEGRITY OF CRIMINAL LITIGATION. AUTHOR'S ABSTRACT MODIFIED