The Old Order Changeth – But for Whom?
Loewy, Arnold H.
MetadataShow full item record
In this article discussing the prospective, partially prospective, and retroactive application of new criminal procedure rules, Professor Arnold H. Loewy discusses the various constitutional implications of applying new Court rules to past, present, and future factual situations. He analyzes the application of Miranda v. Arizona and Johnson v. New Jersey, pointing out the impact of each application timing decision on the balanced rights of the states and accused citizens. He also looks at the difficulties inherent in applying new rules at each stage of the criminal process.