Prisoners' rights is an area of constitutional law that is often
overlooked. Combining an historical and strategic analysis, this
study describes the doctrinal development of the constitutional
rights of prisoners from the pre-Warren Court period through the
current Rehnquist Court. Like many provisions in the Bill of
Rights, the meaning of the Eighth Amendment's language on cruel and
unusual punishment and the scope of prisoners' rights have been
influenced by prevailing public opinion, interest group advocacy,
and--most importantly--the ideological values of the nine
individuals who sit on the Supreme Court. These variables are
incorporated in a strategic analysis of judicial decision making in
an attempt to understand the constitutional development of rights
in this area.
Fliter examines dozens of cases spanning 50 years and provides a
systematic analysis of strategic interaction on the Supreme Court.
His results support the notion that justices do not simply vote
their policy preferences; some seek to influence their colleagues
and the broader legal community. In many cases there was evidence
of strategic interaction in the form of voting fluidity,
substantive opinion revisions, dissents from denial of certiorari,
and lobbying to form a majority coalition. The analysis reaches
beyond death penalty cases and includes noncapital cases arising
under the Eighth Amendment, habeas corpus petitions, conditions of
confinement cases, and due process claims.
General
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