正当程序革命/杨金强译(13)
The main points prevalent in the Rehnquist Court affecting the Warren Courts were the exceptions to the Miranda and Escebedo decisions. The Rehnquist Court is still in power today since its beginning in 1986. The “inevitable discovery doctrine” modified Warren Courts case, and was created during the case of Brewer vs. Williams in 1977, where a defendant was violated of his right to counsel. The “public safety exception” was created in concurrence with the case of New York vs. Quarles (1984), where the publics safety was violated by Quarles possession of a weapon. The article attached to our handout emphasized the reforms to the 5th and 6th Amendments, discussing the case of U.S. vs. Dickerson. Because Dickerson had failed to have been read his Miranda rights, even though he did confess to the crime. The Miranda case was re-examined but only reaffirmed, not changed. This was a huge landmark in the Rehnquist court that caused much turmoil in the politics of the American criminal justice system.
Beyond these landmarks in the Burger and Rehnquist Courts, other Warren decisions were modified, including the 8th Amendment, guarding prisoners against cruel and unusual punishment. The return of the “Hands-Off Doctrine” allowed for certain acts in the correctional system based on a case of Wilson vs. Seiter in 1991. In this case a prisoner accused an Arkansas prison of abusing its inmates. The Doctrine required a “deliberate indifference by the prison officials” to be considered cruel and unusual treatment, due to the fact that not everything was containable in the prison system. The case of Sandin vs. Conner (1995), ended with criminal system of the U.S. being revised to allow greater flexibility toward Redistributive justice, where the prisoner pays for his crimes along with his rehabilitation.
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