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We are particularly reluctant to recognize exceptions to the general rule of individualized suspicion where governmental authorities primarily pursue their general crime control ends.
One would expect a hard-headed system like the common law to recognize exceptions even to the most comprehensive principle for safeguarding liberty.
Also, although the revised rule does not explicitly recognize exceptions within the rules themselves, the restyled rule recognizes that other rules might permit, for example, video teleconferencing, which clearly involves "broadcasting" of the proceedings, even if only for limited purposes.
"We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime," Justice O'Connor said, adding, "We are particularly reluctant to recognize exceptions to the general rule of individualized suspicion where governmental authorities primarily pursue their general crime control ends".
To the government's argument that judges should not devise exceptions, Chief Justice Roberts said that the statute "plainly contemplates that courts would recognize exceptions -- that is how the law works". In a 1998 decision, the court ruled on the grounds of states' rights that the Religious Freedom Restoration Act could not be applied to the states.
The law, and many bioethicists, recognize exceptions to informed consent requirements, such as lack of decision-making capacity, or emergency circumstances where the patient's wishes are unknown (Tännsjö 1999; Emanuel, Wendler, and Grady 2000).
Similar(53)
That requirement of procedural due process should be sedulously enforced (save for the recognized exceptions of dying declarations and the like, id., 407, 85 S.Ct., at 10691070) lest the theory that the end justifies the means gains further footholds here.
Congress could likely subpoena the report in its entirety pursuant to recognized exceptions to grand jury secrecy, including a Nixon-era precedent in which courts upheld a grand jury's decision to transmit evidence and a sealed report to the House Judiciary Committee.
In fact, it is the Court's approachrefusing to give effect to the plain-error exception to the federal contemporaneous-objection rule, while recognizing exceptions to the analogous state rulesthat gives some prisoners a "preferred status". Similarly, my approach does not afford prisoners "a second appeal," ante, at 164, thus sacrificing the interest in finality of convictions.
To Scalia, this meant what it said--subject to a small number of historically recognized exceptions, if a person provided information that was being used against a defendant in a criminal prosecution, that person had to show up personally in court so the defendant's lawyer could "confront" him through cross-examination.
There are, however, a few recognized exceptions [ 21].
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com