Title II of the Omnibus Crime Bill: A Study of the Interaction of Law and Politics

I. Introduction II. Title II—Its Content and Effect III. The Development of Case Law Prior to Title II … A. Miranda v. Arizona—Its Effect on the “Totality of the Circumstances” Test … B. The McNabb-Mallory Rule—Exclusion of Confessions Obtained during Unreasonable Prearraignment Delay IV. The Constitutional Issue … A. Title II and Miranda—An Unconstitutional Response … 1. A Proposed Constitutional Attack … 2. Congressional Consideration of Constitutionality Prior to Passage—A Specter of Doubt … B. Modification of McNabb-Mallory—A Valid Exercise of Congressional Power V. Alternative Congressional Responses—The Roads Not Taken … A. Influence over Appointment of Court Personnel … B. Congressional Response through Limitation of Jurisdiction … 1. Basis and Development … 2. Present Efforts to Limit Jurisdiction … C. Congressional Response through Constitutional Amendment … 1. Basis and Development … 2. The Amending Process as a Possible Alternative to Title II VI. Underlying Factors Related to Passage of Title II—The Interaction of Law and Politics