v. City of New York 8212 6425

Decision Date12 June 1972
Docket NumberNo. 71,71
Citation32 L.Ed.2d 659,407 U.S. 203,92 S.Ct. 1951
PartiesIvan V. v. CITY OF NEW YORK. —6425
CourtU.S. Supreme Court

PER CURIAM.

The Court held in In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368, decided March 31, 1970, that proof beyond a reasonable doubt is among the essentials of due process and fair treatment that must be afforded at the adjudicatory stage when a juvenile is charged with an act that would constitute a crime if committed by an adult. In this case, on January 6, 1970, before Winship was decided, petitioner was adjudged a delinquent in the Family Court of Bronx County, New York, on a finding, based on the preponderance-of-evidence standard, that, at knifepoint, he forcibly took a bicycle from another boy, an act that, if done by an adult, would constitute the crime of robbery in the first degree. On direct appeal, the Appellate Division, First Department, reversed on the ground that Winship should be retroactively applied to all cases still in the appellate process, 35 A.D.2d 806, 316 N.Y.S.2d 568 (1970). The New York Court of Appeals reversed the Appellate Division, holding that Winship was not to be applied retroactively, V. v. City of New York, 29 N.Y.2d 583, 324 N.Y.S.2d 313 272 N.E.2d 895 (1971).* On remand, the Appellate Division thereupon affirmed the delinquency adjudication, 37 A.D.2d 822, 324 N.Y.S.2d 934 (1971), and the Court of Appeals denied leave to appeal from that affirmance, 29 N.Y.2d 489, 328 N.Y.S.2d 1026, 278 N.E.2d 655 (1972). We disagree with the holding of the Court of Appeals that Winship is not to be applied retroactively.

'Where the major purpose of new constitutional doctrine is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials, the new rule has been given complete retroactive effect. Neither good-faith reliance by state or federal authorities on prior constitutional law or accepted practice, nor severe impact on the administration of justice has sufficed to require prospective application in these circumstances.' Williams v. United States, 401 U.S. 646, 653, 91 S.Ct. 1148, 1152, 28 L.Ed.2d 388 (1971). See Adams v. Illinois, 405 U.S. 278, 280, 92 S.Ct. 916, 918, 31 L.Ed.2d 202 (1972); Roberts v. Russell, 392 U.S. 293, 295, 88 S.Ct. 1921, 1922, 20 L.Ed.2d 1100 (1968).

Winship expressly held that the reasonable-doubt standard 'is a prime instrument for reducing the risk of convictions resting on factual error. The standard provides concrete substance for the presumption of innocence—that bedrock 'axiomatic and elementary' principle whose 'enforcement lies at the foundation of the...

To continue reading

Request your trial
186 cases
  • People v. Guerra
    • United States
    • California Supreme Court
    • 21 Noviembre 1984
    ...Since Williams, the high court has held a new rule retroactive on this ground in three more instances. In Ivan V. v. City of New York (1972) 407 U.S. 203, 92 S.Ct. 1951, 32 L.Ed.2d 659, the issue was the retroactivity of the rule of In re Winship (1970) 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.......
  • People v. McDaniel
    • United States
    • California Supreme Court
    • 11 Febrero 1976
    ...third criterion). (Stovall v. Denno, supra, 388 U.S. 293, 298, 87 S.Ct. 1967, 18 L.Ed.2d 1199; see also Ivan v. City of New York (1972) 407 U.S. 203, 204, 92 S.Ct. 1951, 32 L.Ed.2d 659; In re Johnson (1970) 3 Cal.3d 404, 410, 90 Cal.Rptr. 569, 475 P.2d 841.) 3 In considering the first of th......
  • Com. v. Garcia
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • 8 Enero 1980
    ...We believe that In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), made retroactive by Ivan V. v. New York, 407 U.S. 203, 92 S.Ct. 1951, 32 L.Ed.2d 659 (1972), mandates retroactive application of Ferreira. We emphasize, however, that we will scrutinize more carefully jury in......
  • Commonwealth v. Geschwendt
    • United States
    • Pennsylvania Supreme Court
    • 31 Diciembre 1982
    ... ... 233, 97 S.Ct. 2339, 53 L.Ed.2d 306 ... (1977); Ivan V. v. City of New York, 407 U.S. 203, ... 92 S.Ct. 1951, 32 L.Ed.2d 659 (1972) ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT