U.S. Supreme Court
Jun. 26, 2012
Criminal procedure and the reasonable person
Last Term, the U.S. Supreme Court decided two cases implicating a debate that has divided the justices for nearly 50 years.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice, California Court of Appeal
UCLA School of Law, 1995
Last Term, the U.S. Supreme Court decided two cases implicating a debate that has divided the justices for nearly 50 years - namely, whether the contours and content of the U.S. Constitution's criminal procedure rights should be defined by what the participants in the criminal justice process (prosecutors, police, or suspects) were actually thinking at the pertinent time (the "subjective" approach), or instead by what a hypothetical reasonable person in their situation would have ...
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