U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

SURVEY OF IOWA CRIMINAL LAW

NCJ Number
52998
Journal
Drake Law Review Volume: 26 Issue: 1 Dated: (1976/1977) Pages: 116-158
Author(s)
M E SCHANTZ
Date Published
1977
Length
43 pages
Annotation
MAJOR IOWA SUPREME COURT DECISIONS ON SUBSTANTIVE AND PROCEDURAL MATTERS FROM JULY 1975 THROUGH JUNE 1976 ARE EXAMINED IN THE CONTEXT OF DEVELOPING DOCTRINE IN CRIMINAL LAW IN IOWA AND ELSEWHERE.
Abstract
THE SURVEY, WHICH ENCOMPASSES THE MOST SIGNIFIANT OF THE 150 OPINIONS RENDERED BY THE COURT DURING THE PERIOD STUDIED, FOCUSSES ON THE SOUNDNESS OF REASONING IN THE MORE CONTROVERSIAL DECISIONS, AND ON THE POLICY IMPLICATIONS OF THESE DECISIONS. THE SECTION ON SUBSTANTIVE LAW COVERS CONSTITUTIONAL CHALLENGES TO STATUTES IN THE AREAS OF SODOMY, PROSTITUTION, CRIMINAL TRESPASS, AND MARIHUANA, AS WELL AS DECISIONS RELATED TO SPECIFIC OFFENSES (HOMICIDE, BURGLARY, RECEIVING STOLEN PROPERTY, CARRYING A CONCEALED WEAPON, EMBEZZLEMENT, CONTROLLED SUBSTANCES, DRIVING UNDER THE INFLUENCE). PROCEDURAL LAW HOLDINGS CONCERN PRETRIAL ISSUES (DISCOVERY, GRAND JURIES, SPEEDY INDICTMENT AND TRIAL, SPEEDY DISPOSITION OF INTERSTATE DETAINERS, EXCLUSION OF EVIDENCE, DOUBLE JEOPARDY), GUILTY PLEAS (PLEA-TAKING REQUIREMENTS, PLEA WITHDRAWAL), TRIAL ISSUES (JURY SELECTION, RIGHT TO COUNSEL, RIGHT OF CONFRONTATION, CRIMINAL EVIDENCE, JUDICIAL IMPARTIALITY, JURY DELIBERATIONS), SENTENCING (DEFENDANT'S PRESENCE, DEFERRED SENTENCING, SENTENCING PROCEDURE, MULTIPLE PUNISHMENT), AND POSTTRIAL ISSUES (APPEAL, POSTCONVICTION RELIEF, AND PROBATION REVOCATION). IT IS CONCLUDED THAT THE PERIOD SURVEYED WAS NOT MARKED BY 'BLOCKBUSTER' DECISIONS WITH BROAD IMPACT ON THE DAY-TO-DAY PRACTICE OF CRIMINAL LAW. HOWEVER, THE COURT CONFRONTED A NUMBER OF NOVEL QUESTIONS WITH IMPLICATIONS FOR THE BAR, THE BENCH, AND THE LEGISLATURE. IN CONTRAST TO THE DECISIONS OF THE U.S. SUPREME COURT, NO SHARP CHANGES OF DIRECTION ARE EVIDENT. THE IOWA COURT CONTINUES TO FOLLOW A MODERATELY CONSERVATIVE COURSE. OCCASIONALLY MOVED BY A SPIRIT OF REFORM, THE COURT ALSO SEEMS RESTRAINED BY THE PRESSURE OF NUMBERS AND THE CONSEQUENT CONCERN OVER THE IMPACT OF 'EXCESSIVE' REVERSALS. THE COURT HAS BEEN RECEPTIVE TO ARGUMENTS FROM SUCH GENERALLY PROGRESSIVE SOURCES AS THE AMERICAN BAR ASSOCIATION STANDARDS AND THE FEDERAL RULES OF EVIDENCE, BUT HAS STOPPED WELL SHORT OF WHOLESALE INCORPORATION OF THEIR PROVISIONS. THE COURT HAS NOT YET REVEALED AN INCLINATION TO RELY EXTENSIVELY ON THE PROVISIONS OF THE IOWA CONSTITUTION AS A COUNTERBALANCE TO BURGER COURT INTERPRETATIONS OF THE UNITED STATES CONSTITUTION. ALTHOUGH THE REASONING OF CERTAIN OPINIONS IS QUESTIONED, THE COURT'S WORK IN THE CRIMINAL AREA GENERALLY REFLECTS INCREASINGLY AN INTENSIVE AND EXTENSIVE RESEARCH BASE, SOPHISTICATED MODES OF ANALYSIS, AND SENSITIVITY TO THE REALITIES OF THE CRIMINAL JUSTICE SYSTEM. (AUTHOR ABSTRACT MODIFIED--LKM)