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Criminal Law

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Younger v. Harris

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Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler Jan 1985

Federal Court Reform Of State Criminal Justice Systems: A Reassessment Of The Younger Doctrine From A Modern Perspective, Donald H. Zeigler

Articles & Chapters

The Supreme Court in its 1971 decision of Younger v. Harris prohibited federal court intervention in pending state criminal proceedings in the absence of special circumstances. This Article examines the Younger doctrine from a modern perspective and argues for its abolition. The Article shows that abstention in cases seeking reform of state criminal justice systems is inconsistent with federal court activism in other areas. It argues that state judges are not entitled to greater deference by federal courts than other state officials. It then explains why federal injunctive relief is essential to achieve systemic reform of state criminal justice. Finally, …


A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler Jan 1983

A Reassessment Of The Younger Doctrine In Light Of The Legislative History Of Reconstruction, Donald H. Zeigler

Articles & Chapters

Recently the Supreme Court extended the doctrine of Younger v. Harris to preclude federal court reform of state criminal and civil justice systems. In this article, Professor Zeigler argues that Younger and its progeny directly contravene the intent of the Reconstruction Congresses that adopted the fourteenth amendment and enacted numerous pieces of enforcement legislation. His research demonstrates that these Congresses intended the federal courts to be the primary enforcer of Reconstruction reform measures. Professor Ziegler concludes that the federal courts are neglecting their duty to enforce constitutional safeguards in state justice systems.