The Constitution and Criminal Procedure by Akhil Reed Amar

The Constitution and Criminal Procedure by Akhil Reed Amar

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Summary

Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.

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The Constitution and Criminal Procedure by Akhil Reed Amar

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.
SKU Unavailable
ISBN 13 9780300074888
ISBN 10 0300074883
Title The Constitution and Criminal Procedure
Author Akhil Reed Amar
Condition Unavailable
Binding Type Paperback
Publisher Yale University Press
Year published 1998-03-30
Number of pages 288
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.