About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

12 Crim. Just. 1 (1984-1985)

handle is hein.journals/crijust12 and id is 1 raw text is: CRIMINAL IUSTI J Program to Feature Postmortems of Celebrated Criminal Cases Plans are firming up for the Section's Second Annual Seminar on Criminal Defense and Prosecution to be held March 1-2 1985 in Washington, D.C According to Section CLE Advisor Edward J. Imw.nkelred. speakers wi include prosecutors and defense coMsel from some of the most celebrated recent cases, who will present postmortems of their victories and defeats Other agenda topics wil include pretrial discovery outside the grand jury setting, jury selection statistical evidence, eyewitness ID, and a provocative analysis focusing on the future of the private criminal defense bar. Imwinkelried noted that while education programs for the prosecution and defense are normalv held separately, this Section sponsored ABA National Institute is designed to offer important insights nto the other side s strategic thinking and action plans in the courtroom. For more information, contact Marcia Christensen in the Section s staff off ices-202 331-2260 Tough Criminal Law Questions Face the Court By William W. Greehalgh Criminal law practitioners can anticipate U.S. Supreme Court action this year on a number of important issues. The criminal law-related questions presented to the Court for its 1984-85 term, as viewed by Prof. William W. Greenhalgh of Georgetown University Law Center in Washington, D.C., are summarized below. Fourth Amendment California v. Carney, No. 83-859 Is a motor home that is fully mobile yet parked in a public lot subject to the automobile exception? U.S. v. Hensley, No. 83-1330 Can Terry stops be made only when police reasonably suspect a crime is being or about to be committed, or can such stops be based on reasonable suspicion (from a wanted flyer) that the suspect has committed a crime in another jurisdiction? Winston v. Lee, No. 83-1334 Does involuntary surgery involving general anesthesia used to remove a bullet from a suspected felon violate the fourth amendment? Tennessee v. Garner, No. 83-1035 Does the fourth amendment prohibit as an unreasonable seizure the use of deadly force in capturing a fleeing felon? (Continued On Page 2) A Year of Crucial Change in the Law By Laurie Robinson This has been a year of exceptional change in the criminal law-change that will have long-term effects on both white-collar and street crime law practice. The year's most far-reaching developments were the Supreme Court's July 5 decisions upholding a good faith exception to the exclusionary rule. The decisions in U.S. v. Leon and Massachusetts v. Sheppard were hailed by many as a long-overdue boost to law enforcement. Others openly mourned the demise of the late, great fourth amendment. The decisions only affect the roughly 10 percent of criminal cases in which a sanctuary search warrant is obtained, but it is probably only a matter of time until the Court applies the exception more broadly. It is interesting to note that the Court has not granted certiorari in any case for the coming term where it could expand the ruling to non-warrant cases. Impact of Good Faith Exception The symbolic impact of the decisions has been tremendous. One obvious result has been the momentum given those advancing crack down on crime measures. Several other results of the Court's actions are less obvious. First, the decisions make it more likely that defense counsel will move under state constitutions to challenge searches, and that sympathetic state appellate courts will base their holdings solely on adequate and independent state grounds. (As the Court noted in Sheppard, federal law does not require the exclusion of the disputed evidence.) Second, while fourth amendment issues are usually viewed in the blood-and-gore street-crime context, the decisions' impact on white-collar defendants and the business community should not be overlooked. In the spirit of the Court's holdings, it is not unlikely that administrative search warrants under the Occupational Safety and Health Act and other federal regulatory statutes will become looser, with federal bureaucrats less attentive to ensuring the integrity of the search as long as a magistrate's sign-off is obtained. Post-Leon courts are going to be reluctant to go behind a warrant, even though a recent National Center for State Courts (Continued On Page 4) * The American Bar Association has moved to new quarters at Northwestern University. The new address is 750 North Lake Shore Drive, Chicago, IL 60611 The cenral phone nhmber is 312 988-5000

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most