Fair Trial Rights of the Accused in American History

by Bodenhamer, David J.

• ISBN13: 9780195055597
• ISBN10: 0195055594
• Format: Paperback
• Copyright: 1991-10-31
• Publisher: Oxford University Press

Summary

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 thedefendant'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 Essayson 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.

Table of Contents

Editor's Preface	p. vii
Preface	p. ix
Introduction	p. 3
The Colonial Background	p. 10
The Revolutionary Legacy	p. 30
Due Process in the New Republic	p. 48
The Meaning of Due Process, 1865-1930	p. 67
Fair Trial, Federalism, and Rights of the Accused	p. 92
Judicial Liberalism and the Due Process Revolution	p. 109
Rights of the Accused in a Conservative Age	p. 129
Notes	p. 139
Suggestions for Further Reading	p. 153
Index of Cases	p. 165
Index	p. 167
Table of Contents provided by Publisher. All Rights Reserved.