Word: traynor
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Dates: during 1960-1969
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...With Traynor heartily concurring, in 1963 Chief Justice Gibson took California far beyond the Supreme Court's current doctrine that Northern school boards may or may not remedy de facto segregation, as they please. In a still unique state-court reading of the 14th Amendment, Gibson ruled in Jackson v. Pasadena that California school boards can no longer merely refrain from discrimination. "It is up to the school boards," he said, "to eliminate racial imbalance in schools regardless of its cause." In 1963 Traynor spoke for his court in issuing another U.S. precedent: the idea that even non-negligent...
True Purposes. For decades, most states so neglected criminal justice that in recent years the U.S. Supreme Court has intervened with a vengeance. Predictably, California is a bright exception. Often in far-reaching opinions by Traynor, the California court has been among the first to modernize the legal definition of criminal insanity (1953), to hold that an indigent whose court-appointed lawyer has botched his job is entitled to a new trial (1963), to ring new safeguards around the use of co-defendant confessions at joint trials (1965), and to defy the odd Supreme Court rule that police...
...Traynor gave California another first when he ruled in People v. Riser that prosecutors ordinarily must allow defendants to "discover" (examine) evidence to be used against them at the trial. Characteristically, Traynor went on to enlarge the discovery privileges of prosecutors in 1961 (Jones v. Superior Court). Today, California probably tops all other states in liberal discovery rules. To deny such access, says Traynor, is "to lose sight of the true purpose of a criminal trial, to discover the facts...
...Traynor held for the court that California courts need not follow the federal "exclusionary rule" that bars evidence gathered in violation of the Fourth Amendment guarantee against "unreasonable searches and seizures...
...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...