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Download or read book The Failure of the Criminal Procedure Revolution written by Craig M. Bradley and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of landmark decisions in the early 1960s, the United States Supreme Court revolutionized police procedures by imposing stricter requirements, such as search warrants, Miranda warnings, and the exclusion of improperly obtained evidence from trial. Today, these innovations remain largely intact and form the basis of current American criminal procedure law, even in the face of considerable criticism and an increasing conservative domination of the Court. But despite the survival of the Warren Court doctrine, everyone involved in the system--police, prosecutors, crime victims, academic commentators, and judges, including the Supreme Court Justices themselves—regard the current body of Supreme Court law in this area as a failure. In The Failure of the Criminal Procedure Revolution, Craig M. Bradley persuasively argues that no shift in ideology, no commitment of resources, and no refinement of Supreme Court jurisprudence would resolve the inadequacies of the current system. These problems arose from a constitutional system that has allowed the United States to develop its rules of criminal procedure on a piecemeal, case-by-case basis, rather than through a unified code of criminal procedure, as other countries have done. Only the United States expects its police to follow a set of rules so cumbersome, and so complex, that one area of criminal procedure alone—search and seizure—requires a four-volume treatise to explicate. Bradley proposes that the United States should, in keeping with the international trend, regulate police procedures through a comprehensive and nationally applicable code. He examines why the present system is a failure and how other countries have developed their criminal procedure law. He further argues that a national code would be constitutional and outlines what its features should be, how it would function, and what alternative approaches are possible and practicable. The Failure of the Criminal Procedure Revolution is a groundbreaking effort to advocate systematic and essential reform in America's court system. It will be of compelling interest to students and scholars in law, political science, and criminology.
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Download or read book Philosophical Foundations of Law and Neuroscience written by Dennis Patterson and published by Oxford University Press. This book was released on 2016-07-14 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intersection between law and neuroscience has been a focus of intense research for the past decade, as an unprecedented amount of attention has been triggered by the increased use of neuroscientific evidence in courts. While the majority of this attention is currently devoted to criminal law, including capital cases, the wide-ranging proposals for how neuroscience may inform issues of law and public policy extend to virtually every substantive area in law. Bringing together the latest work from leading scholars in the field, this volume examines the philosophical issues that inform this emerging and vibrant subfield of law. From discussions featuring the philosophy of the mind to neuroscience-based lie detection, each chapter addresses foundational questions that arise in the application of neuroscientific technology in the legal sphere.
