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The Rehnquist Court and Criminal Justice (Paperback)
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The Rehnquist Court and Criminal Justice (Paperback)
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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.
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