 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1980 - 1224 pages
...defendants who assert the right to contest their guilt before a jury. The inevitable effect of any such provision is, of course, to discourage assertion of...them, then it would be patently unconstitutional." United Statet v. Jackson, 390 US, at 581 (footnote omitted) . STEVENS, J., dissenting 439 US torial... | |
 | United States. Supreme Court - 1968 - 1180 pages
...provision is, of course, to discourage assertion of the Fifth Amendment right not to plead guilty20 and to deter exercise of the Sixth Amendment right...objective : It avoids the more drastic alternative of mancase-by-case system that the Government asks us to legitimize today. It is no wonder that the Second... | |
 | United States. Supreme Court - 1968 - 1132 pages
...provision is, of course, to discourage assertion of the Fifth Amendment right not to plead guilty20 and to deter exercise of the Sixth Amendment right...objective: It avoids the more drastic alternative of mancase-by-case system that the Government asks us to legitimize today. It is no wonder that the Second... | |
 | United States. Supreme Court - 1969 - 1102 pages
...period, since that purpose is constitutionally impermissible. . If a law has "no other purpose . . . than to chill the assertion of constitutional rights...penalizing those who choose to exercise them, then it [is] patently unconstitutional." United States v. Jackson, 390 US 570, 581 (1968). Alternatively, appellants... | |
 | United States. Congress. House. Committee on Interstate and Foreign Commerce - 1969 - 1628 pages
...their right to travel between the states. And, said the Court, "if a law has 'no other purpose . . . than to chill the assertion of constitutional rights...penalizing those who choose to exercise them, then it is patently unconstitutional.' " (37 USLW 4337, quoting United Statrx v. Jackson, 390 US 570, 581 (196S)... | |
 | United States. Congress. Senate. Committee on Commerce - 1969 - 1630 pages
...their right to travel between the states. And, said the Court, "if a law has 'no other purpose . . . than to chill the assertion of constitutional rights...penalizing those who choose to exercise them, then it is patently unconstitutional'." (37 USLW, quoting United States v. Jackson, 390 US 570. 581 (1968)).... | |
 | United States. Congress. Senate. Committee on Commerce - 1969 - 1272 pages
...the states. And, said the Court, "if a law has 'no other purpose . . . than to chill the assertion nf constitutional rights by penalizing those who choose to exercise them, then it is patently unconstitutional'." (37 USLW, t/unting United State* v. Jackson, 390 US 570, 581 ( 1968)... | |
 | Peter B. Maggs - 1972 - 70 pages
...period, since that purpose is constitutionally impermissible. If a 48 law has "no other purpose ... then to chill the assertion of constitutional rights by...penalizing those who choose to exercise them, then it [is] patently unconstitutional." United States v. Jackson, 390 US 570, 581 (1968). Alternatively, appellants... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1972 - 980 pages
...States." Loving v. Virginia, 388 US, at 10. Cf. Mclaughlin v. Florida, 379 US 184, 196. When the effect is "to chill the assertion of constitutional rights by penalizing those who choose to exercise them" (United States v. Jackson, 390 US 570, 581) that state action is "patently unconstitutional." While... | |
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no other purpose . . . than to chill the assertion of constitutional rights by penalizing those who choose to exercise them, then it [is] patently unconstitutional. 
