About Guilt and Innocence. The Origins, Development, and Future of Constitutional Criminal Procedure

318 Pages·2004·17.842 MB·English

by  Donald A. Dripps

About Guilt
and Innocence
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About Guilt
and Innocence
The Origins, Development,
and Future of Constitutional
Criminal Procedure
Donald A. Dripps
PRAEGER Westport, Connecticut
London
Library of Congress Cataloging-in-Publication Data
Dripps, Donald A., 1957-
About guilt and innocence: the origins, development, and future of constitutional criminal
procedure / Donald A. Dripps.
p. cm.
Includes bibliographical references and index.
ISBN 0-275-97730-7 (alk. paper)
1. Criminal procedure—United States. 2. Constitutional law—United States. I. Title.
KF9619.D75 2003
345.73 '05—dc21 2002068625
British Library Cataloguing in Publication Data is available.
Copyright © 2003 by Donald A. Dripps
All rights reserved. No portion of this book may be
reproduced, by any process or technique, without the
express written consent of the publisher.
Library of Congress Catalog Card Number: 2002068625
ISBN: 0-275-97730-7
First published in 2003
Praeger Publishers, 88 Post Road West, Westport, CT 06881
An imprint of Greenwood Publishing Group, Inc.
www.praeger.com
Printed in the United States of America
The paper used in this book complies with the
Permanent Paper Standard issued by the National
Information Standards Organization (Z39.48-1984).
10 9 8 7 6 5 4 3 21
Copyright Acknowledgments
The author and publisher gratefully acknowledge permission for use of the following material:
Excerpts from Donald A. Dripps, Beyond the Warren Court and Its Conservative Critics: Toward
a Unified Theory of Constitutional Criminal Procedure, 23 University of Michigan Journal of Law
Reform 591 (1990). Reprinted with permission.
Excerpts from Donald A. Dripps, Akhil Amar on Criminal Procedure and Constitutional Law: "Here
I Go Down That Wrong Road Again," 74 North Carolina Law Review 1559 (1996). Reprinted with
permission.
Excerpts from Donald A. Dripps, Miscarriages of Justice and the Constitution, 2 Buffalo Criminal
Law Review 635 (1999). Reprinted with permission.
Excerpts from Donald A. Dripps, Constitutional Theory for Criminal Procedure: Miranda, Dickerson,
and the Continuing Quest for Broad-but-Shallow, 43 William and Mary Law Review 1 (2001).
Copyright 2001 W&M L. Rev., used with permission.
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This is for LAURA, who, like every other child, deserves to inherit
a society that is both safer and freer.
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Contents
Acknowledgments xi
Introduction: Values and Doctrine in Criminal Procedure xiii
1 Constitutional Criminal Procedure from the Adoption 1
of the Fourteenth Amendment to 1947: The Strange
Career of Fundamental Fairness
2 Constitutional Criminal Law from 1947 to the Early 1960s 27
3 Revolution and Reaction 47
4 The Historical Process Considered in Detail: 71
Interrogation and Confessions
5 Evaluating Fundamental Fairness, Selective 99
Incorporation, and Conservative Balancing
6 Criminal Procedure Through the Lens 131
of the Fourteenth Amendment
7 Applications 175
Epilogue 189
Notes 191
Bibliography 261
Subject Index 287