Supreme Court and Criminal Procedures, 1st Edition

  • Michael R. Belknap
  • Published By:
  • ISBN-10: 1604266570
  • ISBN-13: 9781604266573
  • DDC: 345.73
  • Grade Level Range: 9th Grade - College Senior
  • 385 Pages | eBook
  • Original Copyright 2009 | Published/Released March 2011
  • This publication's content originally published in print form: 2009

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This fascinating new work focuses on the dramatic transformation of criminal justice since the end of World War II. The decisions handed down by the Supreme Court during the tenure of Chief Justice Earl Warren (1953-1969) revolutionized criminal procedure. These landmark decisions changed the course of criminal justice in the following areas - notification of rights, confessions and questioning by police (Miranda Rights), search and seizure and right to counsel for indigents. But how much has police and prosecution really changed since these decisions took effect? How much safer are the accused from the sort of abusive governmental practices that inspired the Warren Court's landmark rulings? How has the structure of American government changed because of these decisions? The Supreme Court and Criminal Procedure answers these questions. By presenting and analyzing primary source materials, such as brief excerpts from the Court's opinions, law review, articles, editorials from the popular press, and police manuals before and after the rulings, legal historian Michal Belknap paints a vivid picture of the High Court's impact on criminal procedure.

Table of Contents

Front Cover.
Half Title Page.
Other Frontmatter.
Title Page.
Copyright Page.
Summary Contents.
1: Introduction.
2: The Pre-1961 Period.
3: The Fair Trial Approach.
4: Important Only in Federal Criminal Cases.
5: The Revolution Begins.
6: The Right to Counsel.
7: Extending the Right to Counsel.
8: Confessions.
9: Origins of the Miranda Warnings.
10: The Miranda Warnings.
11: Habeas Corpus.
12: Criminal Defendants and the News Media.
13: Soft on Crime?.
14: Turn to the Right.
15: The Structure of the Book.
16: The Exclusionary Rule.
17: The Exclusionary Rule.
18: Evolution of the Exclusionary Rule.
19: The Burger Court.
20: The Good Faith Exception.
21: Further Restriction by the Rehnquist Court.
22: Congressional Attacks on the Exclusionary Rule.
23: The Roberts Court.
24: Commentary.
25: Documents.
26: Supreme Court Opinions.
27: Executive and Congressional Materials.
28: Law Journal Articles.
29: Police Department Procedural Manuals.
30: The Right to Counsel.
31: The Evolving Law on the Right to Counsel.
32: Ineffectiveness of the Right to Counsel.
33: Documents.
34: Supreme Court Opinions.
35: Law Journal Articles.
36: The Miranda Warnings: Constitutional Protection for Those Undergoing Police Interrogation.
37: Basis of the Miranda Rules.
38: Miranda v. Arizona.
39: Interpreting Miranda.
40: When the Warnings Must Be Given.
41: Miranda Rights Waivers.
42: What Constitutes an Invocation of Miranda Rights.
43: When Miranda Applies.
44: The Effort to Eliminate Miranda.
45: Effectiveness of Miranda Warnings.
46: Impact of Miranda.
47: Documents.
48: Supreme Court Opinions.
49: Legislation.
50: Law Journal Articles.
51: Police Department Procedural Manuals.
52: Public Reaction against the Warren Court.
53: Critics of the Court.
54: The Law and Order Issue.
55: Documents.
56: Popular Media.