Editorial Comment

• Author: George E. Rush
• Published date: 01 August 1987
• Date: 01 August 1987
• DOI: http://doi.org/10.1177/104398628700300301
• Subject Matter: Articles

ii

EDITORIAL COMMENT

&dquo;Court

watching&dquo;

is

a

favorite

past

time

of

many

in

the

criminal

justice

community.

The

current

flurry

of

commentaries

surrounding

President

Reagan’s

nomination

of

Judge

Robert

Bork

is

indicative

that

many

believe

the

United

States

Supreme

Court

is

at

a

crucial

turning

point.

Decisions

of

the

last

few

years

reveal

a

striking

trend

toward

modifying

the

key

decisions

of

the

Warren

Court.

The

retirement

of

Justice

Powell,

a

moderate

whose

vote

was

frequently

decisive,

could

certainly

signal

rapid

change.

Three

articles

in

the

current

edition

of

The

Journal

of

Contemporary

Criminal

Justice

focus

on

the

the

United

States

Supreme

Court.

42

U.S.C.

Sec.

1983

&

Correctional

Officials

Liability:

A

Look

to

the

New

Century

by

Joseph

M.

Pellicciotti

reviews

the

Court’s

sudden

reversal

of

its

holding

that

correctional

officials

could

be

liable

for

mere

negligence.

Rapid

decline

in

the

application

of

Section

1983

to

Prisoner’s

rights

is

forecast.

Miranda

Revisited:

The

Erosion

of

a

Clear

Standard

by

Alfredo

Garcia

shows

that

the

Court

has

limited

nearly

all

aspects

of

Miranda

safeguards

by

expanding

the

concept

of

voluntariness

and

allowing

illegally

obtained

confessions

to

be

used

for

impeachment.

The

total

effect

forebodes

declining

Fifth

Amendment

protections.

The

Exclusionary

Rule

in

the

Year

2000:

Due

Process

Reborn

by

Judy

Hails

Kaci

reflects

on

the

past

development

and

recent

decline

of

the

exclusionary

rule.

Continued

limitations

on

the

exclusionary

rule

are

foreseen;

the

only

question

is

how

fast

and

how

far

the

Court

will

move.

Using

State

Constitutions

to

Extend

the

Rights

of

Suspects

in

Criminal

Proceedings

by

Thomas

J.

Hickey

assumes

the

continued

decline

in

the

enforcement

of

the

Bill

of

Rights

by

the

Court.

A

positive

alternative

is

presented:

the

use

of

state

constitutional

law

to

bolster

the

rights

of

the

individual.

Changing

Conceptions

of

Human

Nature

and

the

Law

by

Robert

Jacobs

discusses

the

relationship

of

legal

practice

and

human

responsibility

with

a

forecast

to

the

year

2000.

Concern

about

the

Supreme

Court

frequently

overshadows

the

importance

of

legislative

changes.

Destructive

Cults:

A

Legal

Dilemma

by

Robert

M.

Rice

presents

the

difficult

problems

facing

elected

representatives

in

drafting

new

laws

to

balance

the

free

exercise

of

religion

and

the

interests

of

families

in

rescu 1 ng

&dquo;brainwashed&dquo;

loved

ones

from

cults.