NCJ Number
15814
Journal
Washington University Law Quarterly Volume: 1973 Issue: 4 Dated: (FALL 1973) Pages: 865-888
Date Published
1973
Length
24 pages
Annotation
NOTE EXAMINING THE CONVENTIONAL APPROACH TO A DEFENDANT'S ABILITY TO ASSERT THE CONSTITUTIONAL RIGHTS OF A THIRD PARTY, UNSUCCESSFUL ATTEMPTS AT CHANGE, AND UNSUCCESSFUL DEFENSE CONTENTIONS IN PEOPLE V PORTELLI (1966).
Abstract
IN PORTELLI, THE DEFENDANT WAS CONVICTED OF FIRST DEGREE MURDER AND SENTENCED TO DEATH BASED ON THE TESTIMONY OF A WITNESS WHO HAD BEEN ILLEGALLY DETAINED BY POLICE AND PHYSICALLY ABUSED BY THEM TO OBTAIN A STATEMENT. THE DEFENDANT WAS NOT ALLOWED TO EXCLUDE THE TESTIMONY OF THIS WITNESS AT HIS TRIAL AND SUBSEQUENT APPEAL TO THE FEDERAL DISTRICT COURT - US EX REL PORTELLI V LAVALLEE, (1972). THE AUTHOR EXPLAINS THE CONCEPTS OF ADVERSARY INTEREST AND THE EXCLUSIONARY RULE AND REVIEWS CASE LAW DENYING FOURTH AMENDMENT THIRD-PARTY STANDING. THE FIFTH AMENDMENT THIRD-PARTY STANDING ARGUMENTS REJECTED IN PORTELLI AND SOME POST-PORTELLI CASES ARE ALSO DISCUSSED. SUCCESSFUL DUE PROCESS ARGUMENTS ALLOWING EXCLUSION OF THE TESTIMONY OF COERCED WITNESSES WHO ARE CO-DEFENDANTS AND THE UNSUCCESSFUL FAIR TRIAL ARGUMENT IN PORTELLI ARE EXAMINED AS ARE THE SIGNIFICANCE OF IN-COURT REPETITION OF COERCED TESTIMONY AND JURY DETERMINATION. THE AUTHOR CONCLUDES THAT THE DEMONSTRATED RELUCTANCE OF THE COURTS TO EXCLUDE TESTIMONY OF COERCED WITNESSES CAN LEAD TO LAW ENFORCEMENT PRACTICES WHICH THE EXCLUSIONARY RULE WAS DESIGNED TO PREVENT.