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Exclusionary rule reforms advance; opponents claim proposals unconstitutional, encourage police misconduct

Article Abstract:

Both chambers of Congress are considering bills to cut or eliminate in federal courts the exclusionary rule that many observers say gives the Fourth Amendment teeth. On Feb 8, 1995, the House approved a measure to extend the Supreme Court's 1984 decision in United States v Leon. The bill would allow the good faith exception to apply to warrantless searches. The Senate will soon vote on a similar measure, one that would substitute a tort remedy for illegal searches. Supporters of the bills say the rule shields criminals without preventing police wrongdoing; foes insist it gives everyone protection and costs few convictions.

Author: Jost, Kenneth
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995
Searches and seizures, Criminal investigation, Exclusionary rule (Evidence), Exclusionary rule

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The courtship of Byron White

Article Abstract:

Byron White's tenure on the US Supreme Court was marked by a pragmatic, case-by-case approach, judicial restraint and a respect for precedent. Appointed by John F. Kennedy after serving as Robert Kennedy's Deputy Attorney General, White started his career on the court as a middle-of-the-roader on civil rights issues and became a little more liberal as time went on. He did not like the Miranda decision when it was handed down but grew more accepting in later years and voted to expand Miranda rights. As to personal style, White was known for being a forceful questioner during oral arguments.

Author: Jost, Kenneth
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1993
Officials and employees, Judges, Beliefs, opinions and attitudes, United States. Supreme Court, White, Byron R.

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Legal initiatives stall: shareholder law passes, but tort and crime bills fail

Article Abstract:

Republicans in control of Congress backed many initiatives targeting lawyers and the legal system, and though relatively few passed, they will be sharply felt in some practice areas. Legal aid lawyers face sharp cuts, and a program supplying death-row inmates with lawyers lost all funding. President Clinton's veto of a bill on shareholder lawsuits was promptly overridden, and supporters of other stalled measures hope to get several more passed soon, notably anti-crime legislation and tort reform.

Author: Jost, Kenneth
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Evaluation, Finance, Legal assistance to the poor, Tort reform, Republican Party (United States), Criminal law

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Subjects list: United States, Political aspects
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