Government Appeals in Criminal Cases: Comment on Omnibus Crime Control and Safe Streets Act of 1968

Charles L. Powell, Government Appeals in Criminal Cases: Comment on Omnibus Crime Control and Safe Streets Act of 1968, 4 Gonz. L. Rev. 159 (1968).

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The passage of the Omnibus Crime Control and Safe Streets Act of 1968 has been hailed by some as a great step forward in the cause of law and order, and scorned by others as a futile attempt by Congress to alter the trend of recent United States Supreme Court decisions. The Act contains eleven titles, ranging in theme from financial assistance of state law enforcement agencies to the prohibiting of extortions and threats in the District of Columbia. In between, Congress has expressed comprehensive mandates in the areas of wiretapping, electronic surveillance, confessions, eyewitness evidence, firearms control, riot control and appeals by the United States from pre-trial rulings suppressing various forms of evidence. This article deals with the Government’s right to appeal ad- verse decisions suppressing evidence. Emphasis is placed on the con- stitutional implications of appeals by the Government in criminal cases, the types of evidence to which the right of appeal logically applies and the effect that the Government’s right to appeal will have upon present pre-trial motion procedures under the Federal Rules of Criminal Procedure. . . .

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