正当程序革命/杨金强译(12)
The Fourteenth amendment began the Due Process Revolution and would conclude the revolution leading to the aftermath. The Fourteenth amendment gave the courts after Warren, Burger and Rehnquist the ability to again change the cases and ideal that ruled the amendments. Their more conservative interpretations created controversy in the way that amendments now affected citizens as opposed to their “old” meanings.
During the Warren Court, there was the idea of, the development of, and the enforcement of Due Process. However, then came the aftermath, the Burger and Rehnquist courts, both of which were not happy with the previous work of the Warren Court. The many efforts of Warren and his supporters were not liked, even despised by Burger and Rehnquist, and they made valiant efforts to modify and overturn many of his landmarks.
The main points prevalent in the Burger Court affecting the Warren Courts previous decisions were the Good Faith Exceptions to the Exclusionary Rule. The Burger Court lasted from 1969 to 1986. The Good Faith Exceptions modified the ideas of the 4th Amendment upon the Courts basis that, “If a Law Enforcement Officer has acted in objective good faith, or their transgressions have been minor; the magnitude of the benefit conferred on such guilty defendants offends basic concepts of the criminal justice system.” These ideas sprang from the case of U.S. vs. Leon in 1984 where from surveillance of Leon talking to a confidant, police found probable cause to issue a warrant, and found a multitude of drugs in his three residences. The evidence was later suppressed in a court due to insufficient cause for a search warrant. The Exceptions came into play here eventually allowing the evidence based on the previous court statement. The Burger court also ruled on another case that year called Massachusetts vs. Sheppard (1987), which found officers not having sufficient details for a search warrant. This changed the original Warren court outlines with the Mapp vs. Ohio case of 1961, thereby modifying probable cause.
总共17页
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