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CRIMINAL LAW OVERVIEW AND UPDATE (FROM ASSOCIATION OF TRIAL LAWYERS OF AMERICA - COUNSELING CASSETTES, V 8B CONTEMPORARY CRIMINAL DEFENSE TECHNIQUES, 1978 - SEE NCJ-57282)

NCJ Number
57285
Author(s)
S BERNSTEIN
Date Published
1978
Length
0 pages
Annotation
FROM THE AUDIO CASSETTE SERIES FOR TRIAL ATTORNEYS, AN OVERVIEW OF U.S. SUPREME COURT CASES CONCERNING CRIMINAL LAW AND LEGAL DEFENSES IS PRESENTED.
Abstract
THE DECISION OF THE U.S. SUPREME COURT IN COKER V. GEORGIA (1977) IS ONE OF THE MOST IMPORTANT RULINGS ON THE DEATH PENALTY. THE HIGH COURT FOUND THAT CAPITAL PUNISHMENT FOR THE RAPE OF AN ADULT WOMAN VIOLATES THE EIGHTH AMENDMENT'S BAN ON CRUEL AND UNUSUAL PUNISHMENT. DEATH IS CONSIDERED DISPROPORTIONATE TO THE CRIME, EVEN IN THE PRESENCE OF AGGREGATING CIRCUMSTANCES. THE DISSENT BY THE CHIEF JUSTICE NOTED THAT THE RATIONALE OF THE MAJORITY, THAT DEATH WAS ONLY WARRANTED BY THE CIRCUMSTANCE OF A VICTIM'S DEATH, PLACED INTO QUESTION THE CONSTITUTIONALITY OF CAPITAL PUNISHMENT FOR CRIMES SUCH AS TREASON AND AIRCRAFT HIGHJACKING. THE U.S. SUPREME COURT HAS ALSO OVERTURNED STATUTES WHICH REQUIRED THE MANDATORY IMPOSITION OF THE DEATH PENALTY WITHOUT REGARD TO MITIGATING FACTORS. IN THE AREA OF SEARCH AND SEIZURE, THE HIGH COURT HAS APPLIED THE FOURTH AMENDMENT PROTECTIONS AGAINST SEIZURE WITHOUT A VALID WARRANT TO CORPORATIONS. UNITED STATES V. CHADWICK (1977) EXTENDED THIS PROTECTION TO A FOOTLOCKER IN A PUBLIC LOCATION, REASONING THAT THE FOURTH AMENDMENT PROTECTS THE REASONABLE PRIVACY EXPECTATIONS OF CITIZENS. THE OPENING OF INTERNATIONAL CLASS MAIL FROM FOREIGN COUNTRIES, HOWEVER, DOES NOT REQUIRE ISSUANCE OF A WARRANT, BUT IS BASED ON THE RIGHT OF THE SOVEREIGN TO INSPECTION OF ARTICLES ENTERING THE COUNTRY. FURTHER DISCUSSION CONCERNS THE PROTECTION OF WITNESSES AT GRAND JURIES. EVEN IF A WITNESS HAS NOT BEEN INFORMED OF THE PROTECTION AGAINST SELF-INCRIMINATION, THE WITNESS MAY BE CONVICTED FOR THE SUBSEQUENT PRESENTATION OF PERJURED TESTIMONY. (TWK).