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Full-Text Articles in Law
The Warren Court (Was It Really So Defense-Minded?), The Burger Court (Is It Really So Prosecution-Oriented?), And Police Investigatory Practices, Yale Kamisar
Book Chapters
In one sense the Warren Court's "revolution" in American criminal procedure may be said to. have been launched by the 1956 case of Griffin v. Illinois (establishing an indigent criminal defendant's right to a free transcript on appeal, at least under certain circumstances) and to have been significantly advanced by two 1963 cases: Gideon v. Wainwright (entitling an indigent defendant to free counsel, at least in serious criminal cases) and Douglas v. California (requiring a state to provide an indigent with counsel on his first appeal from a criminal conviction). But these were not the cases that plunged the Warren …
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Book Chapters
[C]oncern over the Court's manner of overruling a past decision raises some basic questions concerning judicial craftsmanship in overruling opinions. What special functions, if any, should the Court seek to accomplish with an overruling opinion? What techniques of opinion writing have been used in the past to fulfill these functions? Did the majority opinion in Gideon (372 U.S. 335) fail to perform the proper function of an overruling opinion? Would it have done so by giving Betts (316 U.S. 455) a "more respectful burial"? These are, of course, questions concerning method, not result. Admittedly, as Dean Rostow recently pointed out …
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Book Chapters
During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes,' the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel - was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to …