By Donald A. Dripps
This remarkably unique and very important paintings argues that the issues are rooted in a disjunction among winning values and the present doctrinal regime in constitutional legislation. Dripps asserts that the Fourteenth Amendment's extra common criteria of due strategy and equivalent safety surround the values that should govern the felony process.
Why does the yank felony justice approach punish too many blameless humans, failing to punish such a lot of to blame events and enforcing a disproportionate burden on blacks? This remarkably unique and important paintings argues that the issues are rooted in a disjunction among triumphing values and the existing doctrinal regime in constitutional legislation. Dripps asserts that the Fourteenth Amendment's extra normal criteria of due method and equivalent safety surround the values that should govern the legal process.
Criminal strategy should be approximately maintaining the blameless, punishing the in charge, and doing equivalent justice. sleek criminal doctrine, even if, hinders those goals via focusing on the categorical procedural safeguards inside the invoice of Rights. Dripps argues renewed specialise in the Fourteenth modification will be extra constant than present legislations with either our values and with the valid resources of Constitutional legislations, and may advertise the instrumental values the legal approach should serve. felony and constitutional students will locate his account of our felony system's disarray compelling, and his argument as to the way it should be reconstructed vital and provoking.
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Extra info for About Guilt and Innocence. The Origins, Development, and Future of Constitutional Criminal Procedure
Independent review of the evidence bearing on coercion can reach some police coercion that might otherwise go undetected. But it also means that the Court must in each case come to factual conclusions about the particular case. General rules did not emerge from this approach. 154 So it is appropriate that the phrase "fundamental fairness" appears first in a confessions case, Lisenba v. 155 It is also appropriate that in Lisenba Constitutional Criminal Procedure 25 the Court upheld the death sentence of a particularly vicious defendant who had confessed only after two marathon interrogation sessions, during which he at one point was struck by the police and at another fainted from exhaustion.
The government claimed title by forfeiture to thirty-five cases of plate glass, allegedly imported without payment of the applicable duty. Edward and George Boyd claimed title to the glass and a trial followed on the issue of whether the appropriate duty had been paid. At the trial, an issue arose as to the quantity and value of a previous shipment of glass imported by the Boyds. Pursuant to a statutory authorization, the government moved for a court order directing the Boyds to produce the invoice for the earlier shipment.
A bare majority of the Court, adhering to long-standing doctrine, disagreed. First, the majority refused to reconsider the decisions in the Slaughter-House Cases3 and United States v. Cruikshank4 In those early cases, the Court had read the privileges and immunities clause of the Fourteenth Amendment to forbid only state interference with the privileges or immunities of federal citizenship— privileges and immunities that owe their "existence and protection" to the federal government, such as the right to petition that government for redress of grievances.