NCJ Number
55186
Journal
Chicago-Kent Law Review Volume: 55 Issue: 1 Dated: (1979) Pages: 95-138
Date Published
1979
Length
44 pages
Annotation
A GENERAL VIEW OF ISSUES IN FEDERAL CRIMINAL PROCEDURE CONSIDERED IN THE SEVENTH CIRCUIT, INTENDED FOR CRIMINAL LAWYERS ENGAGED IN FEDERAL LITIGATION, IS PRESENTED THROUGH SUMMARIES OF PARTICULAR JUDICIAL DECISIONS.
Abstract
THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT DECIDED NUMEROUS CRIMINAL CASES DURING THE PERIOD FROM SEPTEMBER 1, 1977 TO MAY 31, 1978. WHILE NO SINGLE CASE STANDS OUT, A NUMBER OF AREAS OF UNCERTAINTY WERE CLARIFIED BY THE COURT. ONLY A SMALL PORTION OF THE COURT'S PUBLISHED OPINIONS RELATING TO CRIMINAL PROCEDURE ARE DISCUSSED. THE FORMAT OF THE ARTICLE FOLLOWS THE CHRONOLOGY OF THE CRIMINAL PROCESS, BEGINNING WITH EYEWITNESS IDENTIFICATION AND CONCLUDING WITH SENTENCING AND APPEAL. SOME GENERAL COMMENTS ABOUT ACKNOWLEDGED FUNDAMENTAL PRINCIPLES OF CRIMINAL PROCEDURE ARE OFFERED AT THE BEGINNING OF INDIVIDUAL SECTIONS TO AID IN THE DISCUSSION OF THE SEVENTH CIRCUIT'S WORK. IN ADDITION TO EYEWITNESS IDENTIFICATION AND SENTENCING AND APPEAL, JUDICIAL DECISIONS ARE DISCUSSED IN THE FOLLOWING AREAS OF CRIMINAL PROCEDURE: ARREST, SEARCH, AND SEIZURE; STATEMENTS, ADMISSIONS, AND CONFESSIONS; ELECTRONIC SURVEILLANCE; RIGHT TO COUNSEL; GRAND JURY; INDICTMENT; SEVERANCE; DISCOVERY AND DISCLOSURE; AND JURY INSTRUCTIONS AND DELIBERATIONS. CASES ARE ALSO DISCUSSED IN THE AREAS OF PROBATION, PAROLE, HABEAS CORPUS, AND PRISONERS' RIGHTS. THE COURT'S GREATEST CHALLENGE IN THE YEARS AHEAD WILL INVOLVE SUCH AREAS AS FURTHER INTERPRETATION OF THE SUPREME COURT'S DECISIONS IN STONE V. POWELL (1976) AND WAINWRIGHT V. SYKES (1977) AND STATUTORY INTERPRETATIONS OF ACTS SUCH AS THOSE PERMITTING ELECTRONIC SURVEILLANCE AND PROVIDING FOR SPEEDY TRIALS. (RCB)