By Donald A. Dripps

ISBN-10: 0275977307

ISBN-13: 9780275977306

This remarkably unique and very important paintings argues that the issues are rooted in a disjunction among triumphing values and the existing doctrinal regime in constitutional legislations. Dripps asserts that the Fourteenth Amendment's extra common criteria of due technique and equivalent safety surround the values that should govern the legal process.

Why does the yank felony justice process punish too many blameless humans, failing to punish such a lot of accountable events and enforcing a disproportionate burden on blacks? This remarkably unique and important paintings argues that the issues are rooted in a disjunction among triumphing values and the existing doctrinal regime in constitutional legislation. Dripps asserts that the Fourteenth Amendment's extra normal criteria of due procedure and equivalent safety surround the values that should govern the felony process.

Criminal process must be approximately holding the blameless, punishing the accountable, and doing equivalent justice. smooth criminal doctrine, in spite of the fact that, hinders those objectives through focusing on the explicit procedural safeguards inside the invoice of Rights. Dripps argues renewed specialize in the Fourteenth modification will be extra constant than present legislation with either our values and with the valid resources of Constitutional legislations, and may advertise the instrumental values the legal approach should serve. felony and constitutional students will locate his account of our legal system's disarray compelling, and his argument as to the way it might be reconstructed very important and provoking.

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About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure: Criminal Procedure as Constitutional Law by Donald A. Dripps


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