The Rehnquist court and criminal justice

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August 2, 2020 | History

The Rehnquist court and criminal justice

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"This book examines the criminal justice decisions of the Rehnquist Court era through analyses of individual justices' contributions to the development of law and policy. The Rehnquist Court era (1986-2005) produced a period of opportunity for the U.S. Supreme Court's judicial conservatives to reshape constitutional law concerning rights in the criminal justice process. It was an era in which the Court produced many hotly-debated decisions concerning such issues as capital punishment, search and seizure, police interrogations, and prisoners' rights. The Court's most conservative justice, William H. Rehnquist, ascended to the key leadership position of Chief Justice and he was joined on the Court by two new appointees, Antonin Scalia and Clarence Thomas, who were equally supportive of both greater authority for police and limited definitions of constitutional rights for suspects, defendants, and criminal offenders. The Rehnquist Court era decisions refined and narrowed many of the rights-expanding decisions of the Warren Court era (1953-1969). However, the Supreme Court did not ultimately eliminate the Warren era's foundational rights concepts in criminal justice, such as the exclusionary rule and Miranda warnings. As the leading liberal voices of the Warren era, William Brennan and Thurgood Marshall, retired early in the Rehnquist era, the Court experienced continued advocacy of broad conceptions for many rights through the increased assertiveness of Republican appointees Harry Blackmun, John Paul Stevens, and David Souter as well as the arrival of new Democratic appointees Ruth Bader Ginsburg and Stephen Breyer. In many important cases, the justices advocating the preservation of constitutional protections could prevail, even on a generally conservative Court, by persuading one or more of President Ronald Reagan's appointees to support a particular right for suspects and defendants. Sandra Day O'Connor and Anthony Kennedy, in particular, shaped outcomes within a divided Court as they determined which of the Court's wings with which they would align in a particular case. The contributors to this volume identify and highlight the unique perspectives and influential decisions of individual justices as the means for understanding the Rehnquist Court's imprint on criminal justice"--Provided by publisher.

Publish Date
Publisher
Lexington Books
Language
English
Pages
316

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Previews available in: English

Edition Availability
Cover of: The Rehnquist court and criminal justice
The Rehnquist court and criminal justice
2011, Lexington Books
in English

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Book Details


Table of Contents

Introduction: the Rehnquist court / Christopher E. Smith and Michael A. McCall
William Brennan and Thurgood Marshall : the mediator & the absolutist / Lee Ruffin Wilson and Ashlyn Kuersten
Byron White : the overlooked, moderate swing voter / Mark S. Hurwitz
Harry A. Blackmun : counterweight to a conservative court / Ashlyn Kuersten and Lee Ruffin Wilson
William H. Rehnquist : leadership & influence from the conservative wing / Michael A. McCall
John Paul Stevens : a liberal leader & his roles on the court / Christopher E. Smith
Sandra Day O'Connor : influence from the middle of the court / Madhavi M. McCall
Antonin Scalia : outspoken & influential originalist / Christopher E. Smith and Madhavi M. McCall
Anthony Kennedy : conservatism & independence / John D. Burrow
David H. Souter : unexpected independent / Scott P. Johnson
Clarence Thomas : consistent, conservative, & contrarian / Joyce A. Baugh
Ruth Bader Ginsburg : careful defender of individual rights / Christina DeJong
Stephen G. Breyer : judicial modesty & pragmatic solutions / Charles F. Jacobs.

Edition Notes

Includes bibliographical references and indexes.

Published in
Lanham, Md

Classifications

Dewey Decimal Class
347.73/2609
Library of Congress
KF9223 .R44 2011, KF9223.R44 2011

The Physical Object

Pagination
viii, 316 p. ;
Number of pages
316

ID Numbers

Open Library
OL25162250M
Internet Archive
rehnquistcourtcr0000unse
ISBN 10
0739140809
ISBN 13
9780739140802
LCCN
2011030853
OCLC/WorldCat
742512252

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August 2, 2020 Edited by ImportBot import existing book
July 12, 2020 Edited by ImportBot import existing book
January 11, 2012 Created by LC Bot import new book