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Impartial Justice - The Real Supreme Court Cases that Define the Constitutional Right to a Neutral and Detached Decisionmaker (Hardcover)
Loot Price: R2,129
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Impartial Justice - The Real Supreme Court Cases that Define the Constitutional Right to a Neutral and Detached Decisionmaker (Hardcover)
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This book examines the right to a neutral and detached
decisionmaker as interpreted by the U.S. Supreme Court. This right
resides in the Constitution's Fifth Amendment and Fourteenth
Amendment guarantees to procedural due process and in the Sixth
Amendment's promise of an impartial jury. Supreme Court cases on
these topics are the vehicles to understand how these
constitutional rights have come alive. First, the book surveys the
right to an impartial jury in criminal cases by telling the stories
of defendants whose convictions were overturned after they were the
victims of prejudicial pretrial publicity, mob justice, and
discriminatory jury selection. Next, the book articulates how our
modern notion of judicial impartiality was forged by the Court
striking down cases where judges were bribed, where they had other
direct financial stakes in the outcome of the case, and where a
judge decided the case of a major campaign supporter. Finally, the
book traces the development of the right to a neutral decisionmaker
in quasi-judicial, non-court settings, including cases involving
parole revocation, medical license review, mental health
commitments, prison discipline, and enemy combatants. Each chapter
begins with the typically shocking facts of these cases being
retold, and each chapter ends with a critical examination of the
Supreme Court's ultimate decisions in these cases.
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