Crime and Punishment and the Rulings of the Rehnquist Court PDF Download

Author: Margaret M. O'Rourke
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 84

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Author: Christopher E. Smith
Publisher: Routledge
ISBN: 1135637709
Category : Political Science
Languages : en
Pages : 172

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First Published in 1997. Organised in a easily readable format this book on the Supreme Court and punishment takes the reader through the sentencing and incarceration issues that have been so controversial and yet, so relatively unchanged over the years.

Author: Christopher E. Smith
Publisher: Lexington Books
ISBN: 0739140825
Category : Law
Languages : en
Pages : 325

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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.

Author: David G. Savage
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 498

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Presents a portrait of the Supreme Court justices since 1986.

Author: Christopher E. Smith
Publisher: Peter Lang Incorporated, International Academic Publishers
ISBN:
Category : Law
Languages : en
Pages : 256

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The words «equal justice under law» are literally etched in stone and prominently displayed above the entrance to the United States Supreme Court. These words stand as an enduring proclamation of a paramount objective of the courts and the Constitution. Although judges are the guardians of the Constitution's principles, this book examines how their decisions both advance and impede the ideal of equal justice. By analyzing interpretations of «equal protection» and other rights affecting discrimination and disadvantages linked to race, gender, and social status, Smith, DeJong, and Burrow illustrate how constitutional law often facilitates the denial of equal justice for people drawn into the criminal justice system.

Author: David G. Savage
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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This classic reference explains everything readers need to know about the Supreme Court, from its origins and how it functions, to the people who have shaped it and the impact of its decisions on American life. The new fourth edition (revised and updated through 2003) includes recent events, cases and controversies that have molded a distinct legacy for the Rehnquist Court: from the firestorm over Bush v. Gore, the landmark gay-rights decision in Lawrence v. Texas, and the recent University of Michigan affirmative action decisions, to the rejuvenation of states rights, the Rehnquist Court has rewritten Supreme Court history. Guide to the U.S. Supreme Court covers the Court's entire history; its operations; its power in relation to other branches of government; major decisions affecting the other branches, the states, individual rights and liberties; and biographies of the justices. Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court -- 6. The Court and judicial power : Article III -- Federal jurisdiction -- Federal judicial power -- Judicial restraint -- 7. The Court and the states -- Judicial review and the states -- The states and the economy -- The states and the individual -- The state as sovereign -- Interstate relations -- pt. III. The Court and the individual -- 8. The Court and the individual -- A narrow base, 1789-1865 -- The Civil War Amendments -- Freedom for ideas -- Political rights -- Equality before the law -- Fundamental fairness -- 9. Freedom for ideas : the First Amendment and the right to believe, to speak, to assemble, to petition, and to publish -- Freedom of speech -- Freedom of the press -- Freedom of religion -- 10. The rights of political participation -- Fair elections and the right to vote -- The right to an equal vote -- Freedom of political association -- 11. Crime and punishment -- A fair trial -- Search and seizure -- Self-incrimination -- The aid of legal counsel -- Double jeopard -- Cruel and unusual punishment -- 12. Equal rights and personal liberties -- Racial equality -- Equal protection : the alien and the poor -- Sex discrimination -- Liberty and privacy.

Author: Michael J. Graetz
Publisher: Simon and Schuster
ISBN: 1476732515
Category : History
Languages : en
Pages : 480

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Book Description
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.

Author: Sheldon Goldman
Publisher: Yale University Press
ISBN: 9780300080735
Category : Law
Languages : en
Pages : 452

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How does a president choose the judges he appoints to the lower federal bench? In this analysis, a leading authority on lower federal court judicial selection tells the story of how nine presidents over a period of 56 years have chosen federal judges.

Author: David G. Savage
Publisher:
ISBN: 9781568027449
Category : Law
Languages : en
Pages : 0

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Book Description
Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --

Author: Paul Finkelman
Publisher: Bloomsbury Publishing USA
ISBN: 1610693957
Category : Political Science
Languages : en
Pages : 1418

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Book Description
An insightful, chronological—by chief justice—examination of the Supreme Court that enables students and readers to understand and appreciate the constitutional role the Court plays in American government and society. American citizens need to understand the importance of the Supreme Court in determining how our government and society operates, regardless of whether or not they agree with the Court's opinions. Unfortunately, the role and powers of the third branch of government are not well understood by the American public. After an introduction and overview to the history of the Supreme Court from 1789 to 2013, this book examines the Court's decisions chronologically by Chief Justice, allowing readers to grasp how the role and powers of the Court have developed and shifted over time. The chapters depict the Court as the essential agent of review and an integrated part of the government, regardless of the majority/minority balance on the Court, and of which political party is in the White House or controlling the House or Senate.