Omnibus Crime Control and Safe Streets Act of 1968
Encyclopedia
The Omnibus Crime Control and Safe Streets Act of 1968 was legislation passed by the Congress of the United States that established the Law Enforcement Assistance Administration
(LEAA). Title III of the Act set rules for obtaining wiretap
orders in the United States
. It has been started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy
increased public alertness to the relative lack of control over the sale and possession of guns in America.
, provided grant
funding for criminology and criminal justice research, much which focused on social aspects of crime. Research grants were also provided to develop alternative sanctions for punishment of young offenders. Block grant
s were provided to the states, with $100 million in funding. Within that amount, $50 million was earmark
ed for assistance to local law enforcement agencies
, which included funds to deal with riot
control and organized crime
.
s, increased the minimum age to 21 for buying handguns, and established a national gun licensing system. This legislation was soon followed by the Gun Control Act of 1968
, which set forth additional gun control
restrictions.
decisions Berger v. New York
, 388 U.S. 41 (1967) and Katz v. United States
, 389 U.S. 347 (1967), which the Church Committee Report
on the FBI's COINTELPRO
program described as holding "that the Fourth Amendment
did apply to searches and seizures of conversations and protected all conversations of an individual as to which he had a reasonable expectation of privacy".
Section 2511(3) specifies that nothing in this act or the Federal Communications Act of 1934 shall limit the constitutional power of the President "to take such measures as he deems necessary ":
The section also limits use in evidence only where the interception was reasonable and prohibits disclosure except for purpose.
The Church report noted that "At no time, however, were the Justice Department's standards and procedures ever applied to NSA's electronic monitoring system and its 'watch listing' of American citizens. From the early 1960s until 1973, NSA compiled a list of individuals and organizations, including 1200 American citizens and domestic groups, whose communications were segregated from the mass of communications intercepted by the Agency, transcribed, and frequently disseminated to other agencies for intelligence purposes".
s. Responding to various complaints that such warnings let too many criminals go free, Congress (in provisions codified under 18 U.S.C. § 3501) -- with clear intent to reverse the effect of the court ruling—included a provision in the Act directing federal trial judges to admit statements of criminal defendants if they were made voluntarily, without regard to whether he had received the Miranda warnings.
The stated criteria for voluntary statements depended on such things as: the time between arrest and arraignment; whether the defendant knew the crime for which he had been arrested; whether he had been told that he did not have to talk to the police and that any statement could be used against him; whether the defendant knew prior to questioning that he had the right to the assistance of counsel; and, whether he actually had the assistance of counsel during questioning.
It also provided that the "presence or absence of any of" these factors "need not be conclusive on the issue of voluntariness of the confession." (As a Federal statute, it applied only to criminal proceedings either under federal laws, or in the District of Columbia.)
That provision was disallowed by a Federal appeals court decision that was not appealed, and escaped Supreme Court review until 32 years after passage, when another appeals court
(the Fourth Circuit, covering states from South Carolina
to Maryland
) failed to follow suit and reversed one of its district courts in Dickerson v. United States
. It reasoned, following a paper by University of Utah
law professor Paul G. Cassell
, that Miranda was not a constitutional requirement, that Congress could therefore overrule it by legislation, and that the provision had supplanted the requirement that police give Miranda warnings.
The Supreme Court then agreed to hear the case. Typically, it overrules constitutional decisions only when their doctrinal underpinnings have eroded, and the majority justices found, in 2000, both that it had intended Miranda as an interpretation of the Constitution, and that "If anything, our subsequent cases have reduced the impact of the Miranda rule on legitimate law enforcement while reaffirming the decision's core ruling that unwarned statements may not be used as evidence in the prosecution's case in chief."
Law Enforcement Assistance Administration
The Law Enforcement Assistance Administration was a U.S. federal agency within the U.S. Dept. of Justice. It administered federal funding to state and local law enforcement agencies, and funded educational programs, research, state planning agencies, and local crime initiatives.The LEAA was...
(LEAA). Title III of the Act set rules for obtaining wiretap
Telephone tapping
Telephone tapping is the monitoring of telephone and Internet conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connection was an actual electrical tap on the telephone line...
orders in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It has been started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
increased public alertness to the relative lack of control over the sale and possession of guns in America.
Grants
The LEAA, which was superseded by the Office of Justice ProgramsOffice of Justice Programs
The Office of Justice Programs is an agency of the United States Department of Justice that focuses on crime prevention through research and development, assistance to state and local law enforcement and criminal justice agencies through grants, and assistance to crime victims.The major bureaus...
, provided grant
Grant (money)
Grants are funds disbursed by one party , often a Government Department, Corporation, Foundation or Trust, to a recipient, often a nonprofit entity, educational institution, business or an individual. In order to receive a grant, some form of "Grant Writing" often referred to as either a proposal...
funding for criminology and criminal justice research, much which focused on social aspects of crime. Research grants were also provided to develop alternative sanctions for punishment of young offenders. Block grant
Block grant
In a fiscal federal form of government, a block grant is a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent...
s were provided to the states, with $100 million in funding. Within that amount, $50 million was earmark
Earmark (politics)
In United States politics, an earmark is a legislative provision that directs approved funds to be spent on specific projects, or that directs specific exemptions from taxes or mandated fees...
ed for assistance to local law enforcement agencies
Law enforcement agency
In North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
, which included funds to deal with riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
control and organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
.
Handguns
The Omnibus Crime Bill also prohibited interstate trade in handgunHandgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s, increased the minimum age to 21 for buying handguns, and established a national gun licensing system. This legislation was soon followed by the Gun Control Act of 1968
Gun Control Act of 1968
The Gun Control Act of 1968 , by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners...
, which set forth additional gun control
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
restrictions.
Wiretaps
It was passed in part as a response to the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decisions Berger v. New York
Berger v. New York
Berger v. New York, 388 U.S. 41 was a United States Supreme Court decision invalidating a New York law under the Fourth Amendment, because the statute authorized electronic eavesdropping without required procedural safeguards.-Case:...
, 388 U.S. 41 (1967) and Katz v. United States
Katz v. United States
Katz v. United States, , is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search." The Court’s ruling adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial...
, 389 U.S. 347 (1967), which the Church Committee Report
Church Committee
The Church Committee is the common term referring to the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, a U.S. Senate committee chaired by Senator Frank Church in 1975. A precursor to the U.S...
on the FBI's COINTELPRO
COINTELPRO
COINTELPRO was a series of covert, and often illegal, projects conducted by the United States Federal Bureau of Investigation aimed at surveilling, infiltrating, discrediting, and disrupting domestic political organizations.COINTELPRO tactics included discrediting targets through psychological...
program described as holding "that the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
did apply to searches and seizures of conversations and protected all conversations of an individual as to which he had a reasonable expectation of privacy".
Section 2511(3) specifies that nothing in this act or the Federal Communications Act of 1934 shall limit the constitutional power of the President "to take such measures as he deems necessary ":
- "to protect the nation against actual or potential attack or other hostile acts of a foreign power, to obtain foreign intelligence information deemed essential to the security of the United States or to protect national security information against foreign intelligence activities"
- "to protect the United States against the overthrow of the Government by force or other unlawful means, or against any other clear and present danger to the structure or existence of the Government"
The section also limits use in evidence only where the interception was reasonable and prohibits disclosure except for purpose.
The Church report noted that "At no time, however, were the Justice Department's standards and procedures ever applied to NSA's electronic monitoring system and its 'watch listing' of American citizens. From the early 1960s until 1973, NSA compiled a list of individuals and organizations, including 1200 American citizens and domestic groups, whose communications were segregated from the mass of communications intercepted by the Agency, transcribed, and frequently disseminated to other agencies for intelligence purposes".
Miranda warning
In 1966, the U.S. Supreme Court decision in Miranda v. Arizona had created the requirement, between arrest and interrogation of virtually any criminal defendant in the United States, for what came to be called Miranda warningMiranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
s. Responding to various complaints that such warnings let too many criminals go free, Congress (in provisions codified under 18 U.S.C. § 3501) -- with clear intent to reverse the effect of the court ruling—included a provision in the Act directing federal trial judges to admit statements of criminal defendants if they were made voluntarily, without regard to whether he had received the Miranda warnings.
The stated criteria for voluntary statements depended on such things as: the time between arrest and arraignment; whether the defendant knew the crime for which he had been arrested; whether he had been told that he did not have to talk to the police and that any statement could be used against him; whether the defendant knew prior to questioning that he had the right to the assistance of counsel; and, whether he actually had the assistance of counsel during questioning.
It also provided that the "presence or absence of any of" these factors "need not be conclusive on the issue of voluntariness of the confession." (As a Federal statute, it applied only to criminal proceedings either under federal laws, or in the District of Columbia.)
That provision was disallowed by a Federal appeals court decision that was not appealed, and escaped Supreme Court review until 32 years after passage, when another appeals court
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
(the Fourth Circuit, covering states from South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
to Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
) failed to follow suit and reversed one of its district courts in Dickerson v. United States
Dickerson v. United States
Dickerson v. United States, , upheld the requirement that the Miranda warning be read to criminal suspects, and struck down a federal statute that purported to overrule Miranda v. Arizona....
. It reasoned, following a paper by University of Utah
University of Utah
The University of Utah, also known as the U or the U of U, is a public, coeducational research university in Salt Lake City, Utah, United States. The university was established in 1850 as the University of Deseret by the General Assembly of the provisional State of Deseret, making it Utah's oldest...
law professor Paul G. Cassell
Paul G. Cassell
Paul George Cassell is a former United States federal judge.Born in Orange, California in 1959, Cassell received a B.A. from Stanford University in 1979. He later received a J.D. from Stanford Law School in 1984. He was a law clerk for the Hon. Antonin Scalia, U.S. Court of Appeals, D.C. Circuit...
, that Miranda was not a constitutional requirement, that Congress could therefore overrule it by legislation, and that the provision had supplanted the requirement that police give Miranda warnings.
The Supreme Court then agreed to hear the case. Typically, it overrules constitutional decisions only when their doctrinal underpinnings have eroded, and the majority justices found, in 2000, both that it had intended Miranda as an interpretation of the Constitution, and that "If anything, our subsequent cases have reduced the impact of the Miranda rule on legitimate law enforcement while reaffirming the decision's core ruling that unwarned statements may not be used as evidence in the prosecution's case in chief."
External links
- List of privacy/tapping legislation at Government Computer News
- Church report summary of the passing of this law
- text of the Church Report which references this law.
- Text of the Act from the FCC library
- A Primer on the Federal Wiretap Act and Its Fourth Amendment Framework