An analysis of the Miranda decision and the rights of the accused in the criminal justice system

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Brilliant. Colorful. Visionary. Tenacious. Witty. Since his appointment to the Supreme Court in 1986, Associate Justice Antonin Scalia has been described as all of these things and for good reason. He is perhaps the best-known justice on the Supreme Court today and certainly the most controversial. Yet most Americans have probably not read even one of his several hundred Supreme Court opinions. In Scalia Dissents, Kevin Ring, former counsel to the U.S. Senate's Constitution Subcommittee, lets Justice Scalia speak for himself. This volume—the first of its kind— showcases the quotable justice's take on many of today's most contentious constitutional debates. Scalia Dissentscontains over a dozen of the justice's most compelling and controversial opinions. Ring also provides helpful background on the opinions and a primer on Justice Scalia's judicial philosophy. Scalia Dissents is the perfect book for readers who love scintillating prose and penetrating insight on the most important constitutional issues of our time.

Briefs of Leading Cases in Law Enforcement, Ninth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities. Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California). Additional new cases include: • In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States • In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King • In Chapter 6, covering Searches in General: Kentucky v. King • In Chapter 8, covering Searches With Consent: Fernandez v. California • In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California • In Chapter 12, covering Electronic Surveillance: United States v. Jones • In Chapter 16, covering, Use of Force: Plumhoff v. Rickard • In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina • In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas • In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender

Law Enforcement, Policing, & Security

This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.

Lieutenant Randy Sutton's fascinating collection of stories and memories, solicited from law enforcement officers across the country, offers a broad and insightful look at the many facets of police life: courage, exhilaration, frustration, loss, and even humor, from the everyday to the career-defining moments on the job. Told by the cops that lived them, these stories show what it truly means to protect and serve. Readers will come to recognize the faces behind the badge, as they witness officers charge into the unknown on The Beat, honor and mourn friends in The Fallen, hear the War Stories spread in police locker rooms and bars, discover the unbreakable line between civilian and cop in the Line of Duty, and feel the blood-boiling adrenaline during those life-altering moments when a cop must use Deadly Force. TRUE BLUE: To Protect and Serve is a funny, exciting, haunting compilation of true stories written by active and retired police officers, most of whom have never written before, alongside published officers from all over the United States. A portion of the royalties for this book will be donated to The National Law Enforcement Officers Memorial Fund.