NCJ Number
3462
Date Published
1971
Length
117 pages
Annotation
A DISCUSSION OF THE MAJOR DECISIONS OF THE U.S. SUPREME COURT UNDER CHIEF JUSTICE EARL WARREN BY FORMER JUSTICE GOLDBERG.
Abstract
MANY SUPREME COURT DECISIONS HAVE BEEN CRITICIZED AS HANDCUFFING THE POLICE AND CODDLING THE CRIMINAL. IN THIS BOOK, FORMER SUPREME COURT JUSTICE ARTHUR GOLDBERG EXPLAINS MANY OF THE WARREN COURT'S CONTROVERSIAL DECISIONS IN LANGUAGE EASILY UNDERSTOOD BY LAYMAN AND LAWYER ALIKE. HE BEGINS BY POINTING OUT THAT 'JUDICIAL ACTIVISM' IS A MISNOMER SINCE THE SUPREME COURT, WHETHER IT DECIDES OR AVOIDS AN ISSUE, HAS ALWAYS HAD GREAT IMPACT ON SOCIETY. AS SOME AREAS OF THE LAW ARE SETTLED, OTHER AREAS MOVE INTO PROMINENCE. SUCH IS THE CASE WITH THE RISING CONCERN FOR THE INDIVIDUAL, WHETHER HE BE CONSUMER, ENVIRONMENTALIST, OR CRIMINAL DEFENDANT. THE DECISIONS OF THE WARREN COURT GENERALLY FAVORED AN EXPANSION OF INDIVIDUAL RIGHTS. MR. JUSTICE GOLDBERG ARGUES THAT THE CONSTITUTION AND CASE LAW FAVOR SUCH AN EXPANSION, EVEN TO THE EXTENT OF OVER-RULING PRECEDENT. ONCE A RIGHT HAS BEEN EXTENDED, HE CONTINUES, AND THE NEW PROCEDURES ARE INCORPORATED IN THE DAILY LIVES OF MEN, STARE DECISIS - RESPECT FOR SETTLED DECISIONS - SHOULD CONTROL. WHILE THIS ANALYSIS MAY BE DISPUTED, THIS BOOK PROVIDES AN INTERESTING GLIMPSE OF THE PROCESS OF JUDICIAL DECISION-MAKING AS INTERPRETED BY A FORMER MEMBER OF THE HIGH COURT. (SNI ABSTRACT)