Warren Court, Criminal Procedure Reform, and Retributive Punishment, The (original) (raw)
2002, Wash. & Lee L. Rev.
AI-generated Abstract
The analysis examines the legacy of the Warren Court's criminal procedure decisions and their indirect contribution to the rise of punitive measures in the modern criminal justice system. It critiques existing scholarship that suggests courts can effect substantial social change by highlighting the limitations of procedural justice and the court's role in the broader social and political context. The essay argues that the intention to enhance individual rights for the accused has, paradoxically, fueled punitive responses, demonstrating the complexities and unintended consequences of judicial decision-making.
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