EXPANDING CRIMINAL PROCEDURAL RIGHTS UNDER STATE CONSTITUTIONS

• NCJ Number: 38705
• Journal: Washington and Lee Law Review Volume: 33 Issue: 4 Dated: (FALL 1976) Pages: 909-933
• Author(s): G R MOORE
• Date Published: 1976
• Length: 25 pages
• Corporate Author: Washington and Lee University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE PROBLEMS ARISING FROM THE TREND OF STATE COURTS TO INTERPRET PROVISIONS IN THEIR CONSTITUTIONS MORE EXPANSIVELY THAN US SUPREME COURT DECISIONS CONSTRUING SIMILAR US CONSTITUTION PROVISIONS.

Abstract

PROBLEMS ARISE OUT OF THE SUPREME COURT DOCTRINE OF SELECTIVE INCORPORATION OF RIGHTS DEEMED FUNDAMENTAL INTO THE FOURTEENTH AMENDMENT. THIS AFFECTS STATE CRIMINAL PROCEDURE BY ENTRUSTING THE PROTECTION OF CERTAIN BASIC RIGHTS TO THE FEDERAL GOVERNMENT. THE IMPACT OF THIS DOCTRINE ON STATE PROCEDURE IS ANALYZED TO ASCERTAIN THE RAMIFICATIONS OF EXPANSIVE STATE DECISIONS ON INDIVIDUAL RIGHTS.