Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most ...
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Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area. Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.
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Seller's Description:
Very Good with no dust jacket. 0313314756. Library stamps/marks/labels/slip, otherwise light wear. Crisp hardcover.; "Though much has been written about prisons, penal philosophy, and the impact of prison reform litigation on state budges and prison management, few authors have attempted to examine the doctrinal development of prisoners' rights from a historical and political perspective. A historical view allows the reader to trace the evolution of prisoners' rights in the federal courts. This approach promotes our understanding of how the constitutional rights of prisoners have been influenced by public attitudes toward crime and punishment, interest group advocacy, case-by-case decision making, and the changing political composition of the Supreme Court. More than any other variable, the policy preferences of the nine individuals sitting on the Court have shaped the development of prisoners' rights."-Introduction. Contents: Preface; Introduction; 1. Federal courts, politics, and prisoners' rights; 2. Law, politics, and strategy in Supreme Court decision making; 3. Early court decisions and prisoners' rights; 4. The Warren Court and prisoners' rights, 1953-1969; 5. The Burger court and prisoners' rights, 1969-1986; 6. The Rehnquist court and prisoners' rights, 1986-present; 7. Prisoners' rights, the Supreme Court, and evolving standards of decency; Bibliography; Table of Cases; Index.; Ex-Library; Vol. 96; 240 pages.
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PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
