The Constitution and Criminal Procedure: First PrinciplesYale University Press, 01/01/1997 - 272 páginas Under the banners of the Fourth, Fifth, and Sixth Amendments, the Supreme Court has constitutionalized a vast amount of criminal procedure law in ways that often reward the guilty while hurting the innocent. In this sweeping and provocative book, a distinguished constitutional scholar critiques these developments and reconceptualizes the basic foundations of the field. Akhil Amar examines the role of search warrants, the status of the exclusionary rule, self-incrimination theory and practice, and a host of Sixth Amendment trial-related rights. Through a close and original analysis of constitutional text, history, structure, and precedent--leavened with a healthy measure of common sense--he challenges conventional wisdom on a broad range of topics. He argues that the exclusion of reliable evidence in criminal trials is wrong in principle and in practice; unlawfully seized evidence and fruits of immunized testimony should be constitutionally admissible in criminal trials. Deterrence of government misconduct should in general occur through civil damage suits and administrative sanctions rather than through criminal exclusion. Although addressed to lawyers, judges, and law students, this bold book ultimately targets a much broader audience of policymakers and citizens who seek to understand the principles of this controversial area of constitutional law. |
Índice
Fourth Amendment First Principles | 1 |
Sixth Amendment First Principles | 89 |
The Future of Constitutional Criminal Procedure | 145 |
Outras edições - Ver tudo
The Constitution and Criminal Procedure: First Principles Akhil Reed Amar Pré-visualização indisponível - 1997 |
Palavras e frases frequentes
19 Howell's accused Akhil Reed Amar Amendment's arrest Bill of Rights Boyd citizens civil jury common law compelled testimony compulsion compulsory process clause concurring confessions confrontation clause constitutional criminal procedure conviction counsel Counselman crime criminal trial damages defendant's dissenting doctrine due process exclusion exclusionary rule federal Fifth Amendment Fourteenth Amendment Fourth Amendment fruits grand jury Howell's State Trials idea illegal incrimination indictment infra text innocent defendant issue Jed Rubenfeld judges judicial jurors Justice Kastigar lawyers logic ment Miranda officers out-of-court person police principles privilege probable cause prosecution prosecutor protect public trial reasonableness reliable remedy Schmerber search or seizure searches and seizures self-incrimination clause speedy trial clause statute Stuntz subpoena supra note supra text Supreme Court suspect take the stand testify testimonial immunity text at notes textual theory tion truth U.S. Const United unreasonable violation warrant requirement Wilkes witness words Yale L.J.