The Gatehouses and Mansions: Fifty Years Later

In 1965, Yale Kamisar authored "Equal Justice in the Gatehouses and Mansions of American Criminal Procedure," an article that came to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarshi...

Ausführliche Beschreibung

Gespeichert in:
Bibliographische Detailangaben
Veröffentlicht in:Annual review of law and social science 2010-12, Vol.6 (1), p.323-339
Hauptverfasser: Leo, Richard A, Koenig, K Alexa
Format: Artikel
Sprache:eng
Schlagworte:
Online-Zugang:Volltext
Tags: Tag hinzufügen
Keine Tags, Fügen Sie den ersten Tag hinzu!
Beschreibung
Zusammenfassung:In 1965, Yale Kamisar authored "Equal Justice in the Gatehouses and Mansions of American Criminal Procedure," an article that came to have an enormous impact on the development of criminal procedure and American norms of criminal justice. Today, that article is a seminal work of scholarship, hailed for "playing a significant part in producing some of the [Warren] Court's most important criminal-procedure decisions" (White 2003-2004), including Miranda v. Arizona. The most influential concept Kamisar promoted may have been his recognition of a gap that loomed between the Constitutional rights actualized in mansions (courts) versus gatehouses (police stations). Kamisar passionately detailed how the Constitution and its jurisprudential progeny failed to protect suspects when those rights mattered most: when facing questioning by police. This article discusses where this thesis stands today in light of nearly 50 years of legal developments and social science research. Adapted from the source document.
ISSN:1550-3585
1550-3631
DOI:10.1146/annurev-lawsocsci-102209-152938