Word: griswold
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Dean Erwin N. Griswold suggested to the Faculty of Law this month that "grades may be more accurate overall" if more law students were given failing marks on examinations, and more received very high grades...
...memorandum dated May 12, Griswold noted that "there is a very strong tendency to concentrate the great bulk of grades around the middle." He suggested that "the grades may be more accurate overall if this centripetal force is resisted, and if deliberate attention is given to the matter of having somewhat higher grades at the top, and somewhat lower grades at the bottom...
...These words are not merely empty vessels," said Griswold. They go back 750 years to Magna Carta; yet the states so ignored them that in 1905 the highly conservative William Howard Taft, who later became Chief Justice, called U.S. state criminal justice "a disgrace to our civilization." As recently as 1923, the Supreme Court confronted the fact that Arkansas' highest court had upheld death sentences meted out in a trial "dominated by mob violence" (Moore v. Dempsey). Was the Supreme Court wrong in reversing that decision? What about confessions "obtained by brutality or by fraud?" asked the dean. Since...
Sound & Salutary. For 172 years, noted Griswold, most state police acted as if they never heard of the Fourth Amendment ban against "unreasonable searches and seizures." Most of them never even used search warrants. In 1949, the court tolerantly ruled (Wolf v. Colorado) that states could enforce the Fourth Amendment as they saw fit. For example, they did not necessarily have to exclude illegally seized evidence (despite the rule to that effect in federal courts since 1914). Yet the states so abused even Wolf that in 1961 the court finally applied the "exclusionary rule" to all states (Mapp v. Ohio...
Responsibility & Realization. As Griswold sees it, the court has simply "decided that the time has come to enforce the high standards that we have long professed." To be sure, this makes life harder for law-enforcement agencies. "We must do more to help and upgrade the police. They should be better paid and better educated. They should have much more instruction on their duties than is now available to them." When the states fully meet such responsibilities, said Griswold, "we will all be better off and we will have more nearly realized the potentialities of our great federal form...