Word: lawlessness
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Dates: during 1960-1969
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...however, Traynor forthrightly overruled himself in People v. Cahan, as the court imposed the exclusionary rule because "other remedies have completely failed" to stop lawless police action. Six years later, the Supreme Court itself followed Cahan and applied the rule to all American criminal courts (Mapp v. Ohio...
...appalled at the short memory of those who forget the price of appeasing totalitarian regimes. I congratulate you on your thoughtful Essay, in which you distinguish between those who sincerely seek the right to dissent from Government policies and those lawless zealots who, by their "monopoly on humanitarianism," arbitrarily define God-given morality and seek to attain their ends by Machiavellian civil disobedience...
Moot but Significant. The court established its power of judicial review in 1960 in its very first case. Gerard Lawless, a suspected Irish Republican Army terrorist, whom Ireland locked up for three months without a hearing under "emergency" laws, had questioned the legality of his imprisonment. The court upheld Defendant Ireland's action as justified under the circumstances; in so doing, it also asserted its then disputed right to interpret the convention and pass upon the conduct of subscribing nations...
...more meaning for intellectuals of the 20th than Thomas Becket. Hum bly born in London's Cheapside, Becket rose high in the world to become Chancellor of England under his fast friend and boon companion, King Henry II. Becket served his king by curbing the power of the lawless barons, and Henry then had him appointed Archbishop of Canterbury in order to curb the power of the clergy. Instead, Becket switched allegiance from King to God. His relevance for moderns is in his martyrdom and its unanswered questions: Where does a man's loyalty lie and, once pledged...
...ruling concerns the right to counsel, as in Gideon, it is likely to be made retroactive, because it raises new questions about the prisoner's actual guilt. By contrast, the court refused to make Mapp retroactive because that decision had what lawyers call the "prophylactic" purpose of deterring lawless police action in the future...