NCJ Number
110496
Journal
Journal of Criminal Law and Criminology Volume: 78 Issue: 4 Dated: (Winter 1988) Pages: 699-1144
Date Published
1988
Length
446 pages
Annotation
In this issue several authors analyze 1987 Supreme Court decisions relating to criminal law and procedure and assess the impact of the decisions on constitutional law.
Abstract
One paper explores a first amendment obscenity case (Pope v. Illinois) and examines a case requiring probable cause for searches and seizures under the plain view doctrine (Arizona v. Hicks). Another examines the privacy rights of a government employee in his desk and file cabinets (O'Connor v. Ortega), while still another reports on the conditions of a suspect's waiver of fifth amendment Miranda rights (Colorado v. Spring). Other 1987 Supreme Court decisions examined relate to the following issues: the admission of hypnotically refreshed testimony (Rock v. Arkansas); definition of the protections of the fifth and fourteenth amendments against self-incrimination for the mentally impaired (Colorado v. Connelly); and the sixth amendment coconspirator exemption to the hearsay rule (Bourjaily v. United States). Also considered are the confrontation of accusers under the sixth amendment and the use of interlocking confessions at joint trial (Cruz v. New York); permitting, under the sixth amendment, death qualification of a jury when the defendant does not face a death penalty (Buchanan v. Kentucky); and admission of a confession of a nontestifying codefendant under the confrontation clause of the sixth amendment (Richardson v. Marsh). Final papers address a defendant's rights under the sixth and fourteenth amendments to disclose a state's confidential child abuse records (Pennsylvania v. Ritchie); pretrial detention under the eighth amendment (United States v. Salerno); capital punishment (McCleskey v. Kemp); and the role of release-dismissal agreements in the criminal justice system (Town of Newton v. Rumery).