MORE ON THE NEW FEDERALISM IN CRIMINAL PROCEDURE (FROM RESOLVED - THAT US LAW ENFORCEMENT AGENCIES SHOULD BE GIVEN SIGNIFICANTLY GREATER FREEDOM IN THE INVESTIGATION AND/OR PROSECUTION OF FELONY CRIME, 1977 - SEE NCJ-49061)

• NCJ Number: 49062
• Author(s): D E WILKES
• Date Published: 1974
• Length: 13 pages
• Corporate Author: Library of Congress
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM KENTUCKY LAW JOURNAL, V 63, N 4 (1974-75), P 873-894

Annotation

THE INCREASING TREND OF STATE COURTS TO ACT INDEPENDENTLY FROM THE SUPREME COURT IN MATTERS CONCERNING RIGHTS OF DEFENDANTS IS DISCUSSED, AND SEVERAL CASES OF EVASION WITHIN STATE COURTS ARE CITED.

Abstract

THE SUPREME COURT, UNDER THE LEADERSHIP OF JUSTICE WARREN BURGER, HAS CONTINUALLY RETREATED FROM ACTIVISM IN AREAS OF CRIMINAL DEFENDANTS' RIGHTS, IT HAS RELAXED FEDERAL CONSTITUTION RESTRAINTS ON THE POWER OF POLICE PROSECUTORIAL OFFICIALS TO DETECT AND CONVICT PERSONS SUSPECTED OF CRIME. STATE COURTS, HOWEVER, HAVE EVIDENCED A RELUCTANCE TO COMPLY WITH THE LIMITATION OF DEFENDANTS' RIGHTS, AND THEY HAVE BEEN EVADING BURGER COURT REVIEW BY USE OF THE DOCTRINE OF ADEQUATE STATE COURT JUDGMENT RESTING ON AN ADEQUATE STATE CLAIM. EVASION CASES ARE DIVIDED INTO TWO CATEGORIES -- CASES DECIDED ON STATE GROUNDS ALONE, AND CASES WHOSE JUDGMENTS WERE GROUNDED ON BOTH FEDERAL AND STATE CLAIMS -- AND THEN EXAMINED. RESULTS OF DECISIONS IN THE CITED CASES INDICATE THAT THE BURGER COURT IS NOT INCLINED TO ALTER THE STATE GROUND DOCTRINE OR THWART STATE COURT EVASION. INCREASING NUMBERS OF STATES HAVE RESOLVED TO STRENGTHEN THE RIGHTS OF THE ACCUSED BY DELIBERATELY RESTING THEIR DECISIONS ON THE STATE GROUNDS TO AVOID SUPREME COURT REVIEW; THESE STATES WILL PROBABLY PLAY AN INCREASINGLY INDEPENDENT ROLE IN DEFINING THE RIGHTS OF CRIMINAL DEFENDANTS. (DAG)