The Constitution and Criminal Procedure : First Principles / Akhil Reed Amar.

Format:

Book

Author/Creator:

Amar, Akhil Reed, Author.

Language:

English

Subjects (All):

Criminal procedure--United States.

Criminal procedure.

Constitutional law--United States.

Constitutional law.

Physical Description:

1 online resource (288 p.)

Place of Publication:

New Haven, CT : Yale University Press, [2008]

Language Note:

English

Summary:

Under the banners of the Fourth, Fifth, and Sixth Amendments, the Supreme Court has constitutionalized a vast amount of criminal procedure law in ways that often reward the guilty while hurting the innocent. In this sweeping and provocative book, a distinguished constitutional scholar critiques these developments and reconceptualizes the basic foundations of the field.Akhil Amar examines the role of search warrants, the status of the exclusionary rule, self-incrimination theory and practice, and a host of Sixth Amendment trial-related rights. Through a close and original analysis of constitutional text, history, structure, and precedent-leavened with a healthy measure of common sense-he challenges conventional wisdom on a broad range of topics. He argues that the exclusion of reliable evidence in criminal trials is wrong in principle and in practice; unlawfully seized evidence and fruits of immunized testimony should be constitutionally admissible in criminal trials. Deterrence of government misconduct should in general occur through civil damage suits and administrative sanctions rather than through criminal exclusion.Although addressed to lawyers, judges, and law students, this bold book ultimately targets a much broader audience of policymakers and citizens who seek to understand the principles of this controversial area of constitutional law.

Contents:

Frontmatter

Contents

Preface

1. Fourth Amendment First Principles

2. Fifth Amendment First Principles: The Self-Incrimination Clause

3.Sixth Amendment First Principles

4. The Future of Constitutional Criminal Procedure

Appendix. Reinventing Juries: Ten Suggested Reforms

Notes

Table of Cases

Index of Names and Authorities

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)

ISBN:

9780300147179

0300147171

OCLC:

1024056373