COUGHLIN ET AL.
v.
STACHULAK

U.S. | 1976-03-01
No. 75-608
Mr. Justice Stevens took no part in the consideration or decision of this motion and petition., with whom Mr. Justice Powell joins,
424 U.S. 947 Supreme Court of the United States (1976) Caution
Cited by 19 cases
Topics
Preponderance Of The Evidence Standard Due Process Clause Fourteenth Amendment

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Dissent
Mr. Justice White,

Mr. Justice White,

with whom Mr. Justice Powell joins,

dissenting.

On appeal from an order granting respondent a writ of habeas corpus, 369 F. Supp. 628 (ND Ill. 1973), the Court of Appeals held, United States ex rel. Stachulak v. Coughlin, 520 F. 2d 931 (CA7 1975), that the Due Process Clause of the Fourteenth Amendment requires that the reasonable-doubt standard of proof be applied in judicial proceedings under the Illinois Sexually Dangerous Persons Act, Ill. Rev. Stat., c. 38, § 105-1.01 et seg. (1973), which authorizes the State to seek involuntary indeterminate commitment to a correctional institution in lieu of criminal prosecution of a person charged with a criminal offense and believed to be sexually dangerous within the meaning of the Act.

The question whether due process requires proof beyond a reasonable doubt in such proceedings has produced divergent conclusions in the Courts of Appeals. Compare Tippett v. Maryland, 436 F. 2d 1153 (CA4 1971), cert. dismissed sub nom. Murel v. Baltimore City Criminal Court, 407 U. S. 355 (1972) (proof by a preponderance of the evidence), with In re Ballay, 157 U. S. App. D. C. 59, 482 F. 2d 648 (1973), and United States ex rel. Stachulak v. Coughlin, supra (proof beyond a reasonable doubt).* The question is important to the administration of justice in this country, and the Court should shoulder its responsibility to resolve the conflicting judgments.

I would grant the petition for a writ of certiorari and afford the case plenary consideration.

*

Several state courts are also at odds with the Court of Appeals for the Fourth Circuit. See, e. g., People v. Pembrock, 62 Ill. 2d 317, 342 N. E. 2d 28 (1976); People v. Burnick, 14 Cal. 3d 306, 535 P. 2d 352 (1975); In re Andrews,-Mass.-, 334 N. E. 2d 15 (1975); In re Levias, 83 Wash. 2d 253, 517 P. 2d 588 (1973).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (19 total)

  • United States v. Potter, 552 F.2d 901 (9th Cir. 1977)
    …468 F. 2d 1245 (2d Cir.), cert. denied 410 U.S. 937, 93 S.Ct. 1397, 35 L.Ed.2d 602 (1973). Viewed in another way, community attitudes are important in delineating a cognizable group. Cobbs v. Robinson, 528 F. 2d [*905] 1331 (2d Cir.), cert. denied 424 U.S. 947, 96 S.Ct. 1419, 47 L.Ed.2d 354 (1976). We must consider whether a particular class is in fact thought of as an identifiable group by the larger community. Quadra v. Superior Court of the City and County of San Francisco, 403 F.Supp. 486 (N.D.Calif.1…
  • United States v. Greschner, 802 F.2d 373 (10th Cir. 1986)
    …n the absence of evidence to the contrary, we will presume that jurors remain “true to their oath and ... conscientiously observe the instructions and admonitions of the court.” Chase v. Crisp, 523 F. 2d 595, 600 n. 5 (10th Cir. 1975), cert. denied, 424 U.S. 947, 96 S.Ct. 1418, 47 L.Ed.2d 354 (1976); United States v. Baca, 494 F. 2d 424, 429 (10th Cir.1974); Ellis v. State of Oklahoma, 430 F. 2d 1352, 1356 (10th Cir.1970), cert. denied, 401 U.S. 1010, 91 S.Ct. 1260, 28 L.Ed.2d 546 (1971). In view of the a…
  • Eutues White v. Finkbeiner, 611 F.2d 186 (7th Cir. 1979)
    …60 (1978); Nash v. Estelle, 597 F. 2d 513 (5th Cir. 1979) (en banc); United States v. Grant, 549 F. 2d 942 (4th Cir.), cert. denied, 432 U.S. 908, 97 S.Ct. 2955, 53 L.Ed.2d 1081 (1977); Cobbs v. Robinson, 528 F. 2d 1331 (2d Cir. 1975), cert. denied, 424 U.S. 947, 96 S.Ct. 1419, 47 L.Ed.2d 354 (1976).17 Therefore, we hold that Miranda and Mosley do not create a per se rule prohibiting a waiver and a resumption of questioning. However, we note that the state has a heavy burden of proving waiver. We now proce…

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