NCJ Number
137732
Date Published
1989
Length
229 pages
Annotation
This book is intended as a reference and a critical evaluation of recent (largely post-1970) developments in State constitutional criminal procedure law.
Abstract
The introduction provides background information essential to an understanding of developments in the last 20 years under the rebirth of State constitutionalism called the "New Judicial Federalism." A chapter on the law that governs the relationship between the U.S. Supreme Court and the State courts describes the rules that govern Supreme Court jurisdiction. Six chapters present and analyze all of the State constitutional criminal law decisions made by State courts of last resort in the last two decades. They cover search-and-seizure law, Miranda and other self-incrimination matters, the right to counsel and to confront adverse witnesses, cruel and unusual punishment, and double jeopardy. These chapters discuss the major rulings by the U.S. Supreme Court on the same issues. The discussion indicates the extent to which the States have repudiated or endorsed the Supreme Court's decisions. The final chapter uses political science theories to assess the New Federalism. Appended State constitutional provisions on the issues covered in the book, chapter notes, a table of cases, a 59-item selected bibliography, and a subject index