William J. Brennan, Jr.

Name: Stovall v. Denno — Opinion of the Court
Author: William J. Brennan, Jr.

Summary

“Stovall v. Denno — Opinion of the Court”, is a work by William J. Brennan, Jr.. It explores elements such as identification, confrontation and Behrendt.

Quotes from Stovall v. Denno — Opinion of the Court (William J. Brennan, Jr.)

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ Therefore, while we feel that the exclusionary rules set forth in Wade and Gilbert are justified by the need to assure the integrity and reliability of our system of justice, they undoubtedly will affect cases in which no unfairness will be present. Of course, we should also assume there have been injustices in the past which could have been averted by having counsel present at the confrontation for identification, just as there are injustices when counsel is absent at trial. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ But the certainty and frequency with which we can say in the confrontation cases that no injustice occurred differs greatly enough from the cases involving absence of counsel at trial or on appeal to justify treating the situations as different in kind for the purpose of retroactive application, especially in light of the strong countervailing interests outlined below, and because it remains open to all persons to allege and prove, as Stovall attempts to do in this case, that the confrontation resulted in such unfairness that it infringed his right to due process of law. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ Wade and Gilbert fashion exclusionary rules to deter law enforcement authorities from exhibiting an accused to witnesses before trial for identification purposes without notice to and in the absence of counsel. A conviction which rests on a mistaken identification is a gross miscarriage of justice. The Wade and Gilbert rules are aimed at minimizing that possibility by preventing the unfairness at the pretrial confrontation that experience has proved can occur and assuring meaningful examination of the identification witness' testimony at trial. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ This is a recognized ground of attack upon a conviction independent of any right to counsel claim. Palmer v. Peyton, 359 F.2d 199 (C.A.4th Cir. 1966) . The practice of showing suspects singly to persons for the purpose of identification, and not as part of a lineup, has been widely condemned. [6] However, a claimed violation of due process of law in the conduct of a confrontation depends on the totality of the circumstances surrounding it, and the record in the present case reveals that the showing of Stovall to Mrs. Behrendt in an immediate hospital confrontation was imperative. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ It is true that the right to the assistance of counsel has been applied retroactively at stages of the prosecution where denial of the right must almost invariably deny a fair trial, for example, at the trial itself, Gideon v. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ The criteria guiding resolution of the question implicates (a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive application of the new standards. ' (T) he retroactivity or nonretroactivity of a rule is not automatically determined by the provision of the Constitution on which the dictate is based. ”

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Source: Wikisource

William J. Brennan, Jr., Stovall v. Denno — Opinion of the Court

“ Mrs. Behrendt was hospitalized for major surgery to save her life. The police, without affording petitioner time to retain counsel, arranged with her surgeon to permit them to bring petitioner to her hospital room about noon of August 25, the day after the surgery. Petitioner was handcuffed to one of five police officers who, with two members of the staff of the District Attorney, brought him to the hospital room. Petitioner was the only Negro in the room. Mrs. ”

William J. Brennan, Jr.

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Quotes from Stovall v. Denno — Opinion of the Court (William J. Brennan, Jr.)

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