State Constitutions and Criminal Justice

Barry Latzer

• Publisher: Praeger
• Year: 1991
• Print ISBN: 9780313261121
• eBook ISBN: 9780313389429
• Edition: 1
• Topic: Law
• Subtopic: Public Law
• Index: Law

The new Judicial Federalism is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Barry Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His comprehensively researched and documented analysis of the state law movement covers all fifty states over the past two decades. Drawing from both legal and political science perspectives, Latzer examines recent court interpretations of state constitutions, specifically those pertaining to the criminally accused. He provides background on the development of the New Federalism, details the relationship between the U.S. Supreme Court and state courts, and analyzes all of the state constitutional provisions on the issues covered in the book. This is an important resource for professionals and students of criminal justice and law, and anyone concerned with the political-ideological tension between federal and state courts.

Table of contents

• Contents
• Preface
• Introduction
• 1. Supreme Court Authority over the State Courts
• 2. Search and Seizure I
• 3. Search and Seizure II
• 4. Miranda and Self-Incrimination
• 5. Right to Counsel and to Confront Adverse Witnesses
• 6. Cruel and Unusual Punishment
• 7. Double Jeopardy
• 8. The New Federalism: A Reassessment
• Appendix A: A Note on the Search and Seizure Provisions of the U.S. and the State Constitutions
• Appendix B: A Note on the Self-Incrimination Provisions of the U.S. and the State Constitutions
• Appendix C: A Note on the Double Jeopardy Provisions of the U.S. and the State Constitutions
• Appendix D: A Note on the Right to Counsel Provisions of the U.S. and the State Constitutions
• Appendix E: A Note on the Confrontation of Witnesses Provisions of the U.S. and the State Constitutions
• Appendix F: A Note on the Cruel and Unusual Punishment Provisions of the U.S. and the State Constitutions
• Selected Bibliography
• Table of Cases
• Index