NCJ Number
25103
Journal
American Criminal Law Review Volume: 12 Issue: 3 Dated: (WINTER 1975) Pages: 539-571
Date Published
1975
Length
33 pages
Annotation
THE HISTORY OF THE CRIMINAL APPEALS ACT OF 1907, PROBLEMS ENCOUNTERED IN THE USE OF THIS OLD ACT, AND THE SUCCESS OF THE 1970 AMENDMENT IN CLARIFYING THE OLD ACT AND BROADENING THE GOVERNMENT'S RIGHT TO APPEAL ARE EXAMINED.
Abstract
THE AMENDMENT, WHICH BECAME EFFECTIVE ON JANUARY 1, 1971, PROVIDES THAT ALL DISMISSALS OF INDICTMENTS ARE APPEALABLE TO THE LIMITS OF THE FIFTH AMENDMENT'S PROSCRIPTION AGAINST DOUBLE JEOPARDY. IT ALSO PERMITS APPEAL OF SUPPRESSION ORDERS MADE BEFORE TRIAL AND BEFORE A VERDICT OR FINDING ON AN INDICTMENT. THE LEGISLATIVE HISTORY AND JUDICIAL INTERPRETATION OF THE 1907 ACT ARE REVIEWED, AND PROBLEMS WITH THE OLD ACT SUCH AS ITS LANGUAGE, THE ATTACHMENT OF JEOPARDY AS A LIMITATION ON APPEALS FROM THE DISMISSAL OF AN INDICTMENT, QUESTIONS OF JURISDICTION, AND THE LIMITED APPEALABILITY OF SUPPRESSION ORDERS ARE DISCUSSED. THE SUCCESS OF THE CRIMINAL APPEALS ACT IN OBVIATING THE PROBLEMS IT SOUGHT TO CORRECT IS EVALUATED, PARTICULARLY WITH RESPECT TO THE QUESTIONS OF DISMISSALS OF INDICTMENTS OR INFORMATIONS, THE COURT TO WHICH AN APPEAL WILL LIE, THE APPEALABILITY OF SUPPRESSION ORDERS, AND THE ACT'S 'LIBERAL INTERPRETATION' CLAUSE. IN ADDITION, CERTAIN PROBLEMS TO WHICH THE DRAFTSMEN OF THE ACT MAY NOT HAVE GIVEN ADEQUATE CONSIDERATION ARE DISCUSSED, INCLUDING THE PROBLEM OF SPEEDY TRIAL, BAIL, AND COSTS. (AUTHOR ABSTRACT MODIFIED)