Fair trial : rights of the accused in American history
著者
書誌事項
Fair trial : rights of the accused in American history
（Organization of American Historians bicentennial essays on the Bill of Rights）
Oxford University Press, 1992
- : pbk
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注記
Includes bibliographical references (p. 139-163) and index
内容説明・目次
- 巻冊次
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ISBN 9780195055580
内容説明
The idea of due process - the following of fair and regular procedures in actions against an individual - is central to the Anglo-American concept of liberty and justice. The Bill of Rights devotes more attention to the rights attendant upon a fair criminal process than it does to any other group of rights. This volume examines the theory and practice of the protection of defendants' rights in the USA from the colonial era to the present, emphasizing the transition from the State to the Federal government of the role of principal guarantor of constitutional protections for criminal defendants.
- 巻冊次
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: pbk ISBN 9780195055597
内容説明
The only comprehensive survey of rights of the accused in American history, this new text guides the reader through the development of these rights and their central relationship to liberty, justice, and social order. Integrating legal, social, and political history, Fair Trial focuses on the defendant's rights in theory and practice and traces developments in local and state courts as well as in the U.S. Supreme Court, recognizing that, throughout history, the expression and protection of rights has most often been a matter of local concern. The second volume in the Bicentennial Essays on the Bill of Rights series, co-sponsored by the Organization of American Historians and Oxford University Press, this is an essential introduction to criminal due process and its importance to American liberty.
目次
- Introduction
- 1. The Colonial Background
- 2. The Revolutionary Legacy
- 3. Due Process in the New Republic
- 4. The Meaning of Due Process, 1865-0930
- 5. Fair Trial, Federalism, and Rights of the Accused
- 6. Judicial Liberalism and the Due Process Revolution
- 7. Rights of the Accused in a Conservative Age
- Notes
- Suggestions for Further Reading
- Index
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