NCJ Number
140134
Date Published
1992
Length
183 pages
Annotation
This book discusses the literature on rights of the accused in American history, tracing the course of legal change and relating it to developments within the broader society.
Abstract
The author focuses on defendants' rights in theory and practice, in local, State, and national courts, and in any other forum where the language of rights enters a political, legal, and social discourse. The developments that have provided the framework for the legal and constitutional history of rights of the accused include the English tradition, the revolutionary heritage, 19th century democratic individualism, the transition from a rural to urban society, the changing nature of community, the impact of professionalization and bureaucratization, and the emergence of judicial activism. The first half of this book emphasizes the role of State government in defining defendants' rights; until the mid-20th century, constitutional protections and matters of criminal law were the prerogative of State and local governments, with only occasional intervention by Federal bodies. The second half discusses the nationalization of constitutional guarantees, which are defined generically and as interpreted by numerous governmental and extralegal agencies. Chapter references