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retroactivity

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 384 U.S. 719 - Johnson v. State of New Jersey · 1966Most cited · 6,688 citing opinions

constitutional criminal procedure rule

We must look to the purpose of our new standards governing police interrogation, the reliance which may have been placed upon prior decisions on the subject, and the effect on the administration of justice of a retroactive application

How the Supreme Court has restated “retroactivity”

196619701972 most cited: 384 U.S. 719 - Johnson v. State of New Jersey (1966)
first statedrestated (same sense)departed

Each Supreme Court definition of “retroactivity,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.

How often courts cite the cases defining “retroactivity”

196019802000202020304.0k

Court decisions citing the 3 opinions that defined “retroactivity” — 8,441 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 3 definitions, chronological · 1966–1972

  1. 1971·401 U.S. 646 - Williams v. United States[p17]· cited 1,324×

    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.

    constitutional rules of criminal procedure

  2. 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.

    truth-finding constitutional doctrine