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Article: Constitution bars prosecution of long-ago child abusers.
- Article from:
- Trial
- Article date:
- January 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Judicial review is crucial when legislatures enact extremely popular laws; in such situations, the political process alone cannot ensure compliance with the Constitution.
In Stogner v. California, the Supreme Court declared unconstitutional a California law that had overwhelming support in the legislature and, undoubtedly, among the vast majority of the state's residents. The law retroactively extended the statute of limitations for criminal prosecution of sexual molestation of children, allowing cases to proceed that otherwise would have been time-barred. The Court, in a 5-4 decision, with Justice Stephen Breyer writing for the majority, held that the ...