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NCJ Number:	44720

Title:	BURGER COURT, THE INDIVIDUAL, AND THE CRIMINAL PROCESS DIRECTIONS AND MISDIRECTIONS

Journal:	NEW YORK UNIVERSITY LAW REVIEW Volume:52 Issue:3 Dated:(JUNE 1977) Pages:518-597

Author(s):	E CHASE

Date Published:	1977

Annotation:	THIS ARTICLE EXAMINES THE SHIFT IN THE COURSE OF SUPREME COURT CONSTITUTIONAL ADJUDICATION FROM THE WARREN COURT TO THE BURGER COURT, PARTICULARLY IN THE AREA OF CRIMINAL PROCEDURE.

Abstract:	THE EVOLVING VIEW OF THE FOURTH, FIFTH, AND SIXTH AMENDMENTS (I.E.,PROTECTIONS AGAINST UNREASONABLE SEARCHES AND SEIZURES AND COMPULSORY SELF-INCRIMINATION, AND RIGHTS TO COUNSEL, CONFRONTATION, AND CROSS-EXAMINATION IN CHIEF JUSTICE WARREN BURGER'S COURT ARE TRACED. THE AUTHOR ARGUES THAT THE BURGER COURT IS PRIMARILY CONCERNED WITH INCREASING THE PROBABILITY OF CONVICTING THE FACTUALLY GUILTY, HE MAINTAINS THAT THIS CONCERN, WHICH DEPRECIATES THE INTEREST OF THE COURT UNDER CHIEF JUSTICE EARL WARREN IN THE PROPRIETY OF CONDUCT BY STATE OFFICIALS TOWARDS CRIMINAL DEFENDANTS, CORRESPONDS TO A PARTICULAR MODE OF DECISIONMAKING USED BY THE BURGER COURT TO ALTER OR TO LIMIT THE DOCTRINES OF ITS PREDECESSOR, THE WARREN COURT, THIS TYPE OF DECISIONMAKING INVOLVES INTERPRETING THE TEXTUAL PROVISIONS OF THE BILL OF RIGHTS AS PRINCIPLES RATHER THAN RULES, THEREBY IMPOSING FEWER CONSTRAINTS ON BOTH STATE OFFICERS DEALING WITH CRIMINAL DEFENDANTS AND STATE COURTS ASSESSING THE CONSTITUTIONALITY OF OFFICIAL CONDUCT. (AUTHOR ABSTRACT MODIFIED--VDA)

Index Term(s):	Constitutional Rights/Civil Liberties; Decisionmaking; Judicial decisions; US Supreme Court

Sponsoring Agency:	New York University New York, NY 10012

Corporate Author:	New York University Law Review Managing Editor United States of America

Page Count:	80

Format:	Article

Language:	English

Country:	United States of America



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