NCJ Number
112474
Journal
Arizona State Law Journal Volume: 20 Issue: 1 Dated: (Spring 1988) Pages: 151-179
Date Published
1988
Length
29 pages
Annotation
This article examines the responsibility of State courts to look to their State constitutions to determine if sufficient protections have been given to criminal defendants in State prosecutions.
Abstract
The first eight amendments to the U.S. Constitution, known as the Bill of Rights, provide individual protections relating to searches, a right to a speedy trial, the privilege against self incrimination, the ability to confront witnesses, and the right to avoid cruel and unusual punishment. These protections apply to the Federal government and not to the States. State constitutions and State law also have a role to play in guaranteeing protections. The most dramatic developments have been in the criminal justice area where State constitutional law is interpreting the search and seizure issue and States are expanding State constitutional provisions for the protection of defendants. When the Nation as a whole is viewed, it appears that in the future more attorneys will raise the issue and more courts will look to the State constitution for questions arising out of criminal prosecutions. 162 footnotes.