Word: brennan
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...vigorous 64-page dissent, Justice William Brennan argued that Harlan's view begged the crucial question: If the juries had no explicit standards on which to base their decisions, were the defendants given their guaranteed constitutional rights? Absolutely not, said Brennan. "Not once in the history of this Court, until today, have we sustained against a due process challenge such an unguided, unbridled, unreviewable exercise of naked power...
...born daughter Carolyn, 22, must now decide whether to move to the U.S. for five years. "The Supreme Court decision was a terrible disappointment to thousands of Americans living abroad," said Mrs. Michaux. "But we hope to win the second battle in Congress." If Congress balks, what Justice William Brennan Jr. called in his bitter dissent the "downgrading [of] citizens born outside the U.S." may become a permanent reality...
...court cited the Whiskey Rebellion of 1794: the New York Times vs. Sullivan libel case of 1964 which limited the definition of libel in cases involving public figures; and an articleon First Amendment rights by former Supreme Court Justice William J. Brennan, Jr. as precedents for its decision...
...court in finding Tate's imprisonment a violation of his right to equal protection of the laws, sharply limited the traditional power of American judges to sentence poor defendants to "$30 or 30 days." The Constitution, said Justice William Brennan, forbids states to "limit the punishment to payment of the fine if one is able to pay, yet convert the fine into a prison term for an indigent defendant." In taking away the jail alternative, Brennan suggested various other means in which courts might deal with the poor, including the collection of fines on an installment plan...
...unwarned suspect later takes the stand, his pretrial statements to the police can be used to impeach his courtroom testimony. In sharp dissent, Justice William J. Brennan argued that the effect of the decision is that police may now "freely interrogate an accused incommunicado" despite Miranda; the accused may then see his own careless words convict him "if he has the temerity to testify in his own defense." Brennan's argument failed to move Burger, who dismissed "the speculative possibility that impermissible police conduct will be encouraged...