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The only comprehensive survey of rights of the accused in America history, this readable new text guides the student through the development of these rights and their central relationship to liberty, justice, and social order. Integrating legal, social, and political history. Fair Trial focuses on the defendant's rights in theory and practice and traces developments in local and state courts as well as in the United States Supreme Court, recognizing that, throughout history, the expression and protection of rights has most often been a matter of local concern.

Tabla de contenidos provista por Syndetics

• Editor's Preface(p. vii)
• Preface(p. ix)
• Introduction(p. 3)
• 1 The Colonial Background(p. 10)
• 2 The Revolutionary Legacy(p. 30)
• 3 Due Process in the New Republic(p. 48)
• 4 The Meaning of Due Process, 1865-1930(p. 67)
• 5 Fair Trial, Federalism, and Rights of the Accused(p. 92)
• 6 Judicial Liberalism and the Due Process Revolution(p. 109)
• 7 Rights of the Accused in a Conservative Age(p. 129)
• Notes(p. 139)
• Suggestions for Further Reading(p. 153)
• Index of Cases(p. 165)
• Index(p. 167)

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CHOICE Review

Devastating riots in Los Angeles in the spring of 1992 were caused in part by community perceptions of acceptable police conduct in making arrests. The riots sparked the latest round in a national debate about the proper balance between order and liberty in the American system of justice, a debate carried on since colonial times, according to Bodenhamer's succinct and comprehensive survey of the rights of the accused in US history. In this welcome addition to the literature of public law, the author focuses on the defendant's rights in theory and practice and traces their development in courts and other public forums. Central to this study are the revolutionary heritage, 19th-century democratic individualism, the transition from a rural to an urban society, federalism, and the role of the judiciary in establishing new rights and defining constitutional terms such as due process of laws. Bodenhamer traces the development of the ^D["due process revolution^D]" wrought by judicial activists of the Warren court who championed the cause of social outcasts and nationalized the Bill of Rights in the 1960s through selective incorporation. Despite widespread political demands to reverse controversial decisions, a return to earlier standards by the Rehnquist court appears unlikely. All levels.