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The Constitution and Criminal Procedure - First Principles (Paperback, Rev Ed)
Loot Price: R1,155
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The Constitution and Criminal Procedure - First Principles (Paperback, Rev Ed)
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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.
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