The Rehnquist Court and Criminal Justice
By analyzing the perspectives and influential decisions of individual justices on the Rehnquist Court (1986-2005), this volume reveals how a divided Supreme Court limited the scope of rights affecting criminal justice without fulfilling conservatives' goal of eliminating foundational concepts established during the Warren Court era. The era's generally conservative Supreme Court preserved rights in several contexts because individual justices do not necessarily view all constitutional rights issues through a simple, consistent philosophical lens.
- Paperback | 334 pages
- 152.4 x 226.06 x 25.4mm | 498.95g
- 15 Jun 2013
- Lexington Books
- Lanham, MD, United States
Table of contents
1 Preface 2 1. Introduction: The Rehnquist Court 3 2. William Brennan and Thurgood Marshall: The Mediator & the Absolutist 4 3. Byron White: The Overlooked, Moderate Swing Voter 5 4. Harry A. Blackmun: Counterweight to a Conservative Court 6 5. William H. Rehnquist: Leadership & Influence from the Conservative Wing 7 6. John Paul Stevens: A Liberal Leader & His Roles on the Court 8 7. Sandra Day O'Connor: Influence from the Middle of the Court 9 8. Antonin Scalia: Outspoken & Influential Originalist 10 9. Anthony Kennedy: Conservatism & Independence 11 10. David H. Souter: Unexpected Independent 12 11. Clarence Thomas: Consistent, Conservative, & Contrarian 13 12. Ruth Bader Ginsburg: Careful Defender of Individual Rights 14 13. Stephen G. Breyer: Judicial Modesty & Pragmatic Solutions 15 Case Index 16 Subject Index 17 About the Contributors
Smith and DeJong (both, criminal justice, Michigan State Univ.) and McCall (sociology, San Diego State Univ.) have assembled a collection of essays that examine the criminal justice votes and jurisprudence of each justice who served on the US Supreme Court during the period that William H. Rehnquist served as chief justice (except Justice Lewis Powell, who served only one term after Rehnquist's promotion to chief justice). However, the chapters do more than simply examine each justice's votes in criminal cases. Drawing almost exclusively from secondary sources, the contributors provide brief biographies and descriptions of the justices' experiences and judicial records (where applicable) before Rehnquist was elevated to chief justice. Smith and McCall provide an introduction that nicely summarizes general trends in the criminal justice docket of the Supreme Court during the period under examination. McCall's chapter on Rehnquist describes him as successful and well liked by the other justices and argues that he was generally successful in moving the court's criminal justice jurisprudence in the conservative direction without being able to overturn some of the key Warren Court precedents that he opposed. Summing Up: Recommended. CHOICE The Rehnquist Court and Criminal Justice is the definitive examination of a how William Rehnquist and his Court sought to undo the Warren Court criminal due process revolution. Uniquely focusing on the Rehnquist Court justices, the editors have woven together essays that reveal the tensions, personalities, and forces that remade criminal law from the time of the Burger Court to the War on Terrorism. Richard Nixon would have been so proud of what his Justice accomplished! -- David Schultz, Hamline University and Journal of Public Affairs Education In this edited volume, Smith, DeJong, McCall, and their contributors address the profound revisions the Rehnquist Court wrought upon criminal rights and the Constitution. But, its emphasis on the role and influence of each justice gives this work the richness of a judicial biography while preserving the broad scope of its inquiry. Each chapter unfolds the justices' jurisprudential development, strategic concerns, and their efforts to bargain and accommodate while crafting law in specific areas of criminal rights and law.
About Christopher E. Smith
Christopher E. Smith is professor of Criminal Justice at Michigan State University. Christina DeJong is associate professor of Criminal Justice at Michigan State University. Michael A. McCall is associate professor of Sociology at San Diego State University.